West's Ann.Cal.Penal Code § 627.8


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.1. Access to School Premises (Refs & Annos)

§ 627.8. Subsequent violations; punishment


Every outsider who willfully and knowingly violates this chapter after having been previously convicted of a violation of this chapter committed within seven years of the date of two or more prior violations that resulted in conviction, shall be punished by imprisonment in the county jail for not less than 10 days nor more than six months, or by both such imprisonment and a fine not exceeding five hundred dollars ($500).


CREDIT(S)



(Added by Stats.1982, c. 76, p. 228, § 1, eff. March 1, 1982. Amended by Stats.1984, c. 395, § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 627.8a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.1. Access to School Premises (Refs & Annos)

§ 627.8a. Utilization of penalties


The penalties imposed by the provisions of this chapter shall be utilized to prevent, deter, and punish those committing crimes on school campuses. The penalties imposed by the provisions of this chapter shall not be utilized to infringe upon the legitimate exercise of constitutionally protected rights of free speech or assembly.


CREDIT(S)



(Added by Stats.1984, c. 395, § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 627.9


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.1. Access to School Premises (Refs & Annos)

§ 627.9. Powers of board


The governing board of any school district may:


(a) Exempt the district or any school or class of schools in the district from the operation of this chapter.


(b) Make exceptions to Section 627.2 for particular classes of outsiders.


(c) Authorize principals to exempt individual outsiders from the operation of Section 627.2; but any such exemption shall be in a writing which is signed and dated by the principal and which specifies the person or persons exempted and the date on which the exemption will expire.


(d) Exempt, or authorize principals to exempt, designated portions of school grounds from the operation of this chapter during some or all school hours.


CREDIT(S)



(Added by Stats.1982, c. 76, p. 228, § 1, eff. March 1, 1982.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 627.10


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.1. Access to School Premises (Refs & Annos)

§ 627.10. Violation of any other provision of law; punishment


A person whose presence or conduct on school grounds violates another provision of law may be punished for that violation, regardless of whether he or she was registered pursuant to this chapter at the time of the violation; but no punishment shall be imposed contrary to Section 654.


CREDIT(S)



(Added by Stats.1982, c. 76, p. 228, § 1, eff. March 1, 1982.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 627.11


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.1. Access to School Premises (Refs & Annos)

§ 627.11. Repealed by Stats.1984, c. 395, § 8


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 1.2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.2. Reporting of School Crime [Repealed]



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 1.3, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§ 628. Practicing message therapy without recognized accreditation; penalty


A person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is punishable by a fine of not more than two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.2011, c. 149 (S.B.285), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628d


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628e


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628f


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628g


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628h


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628i


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628j


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628k


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628l


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628m


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628a to 628m. Repealed by Stats.1925, c. 260; Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628.1


Effective: October 7, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628.1 to 628.4. Repealed by Stats.2005, c. 677 (S.B.512), § 49, eff. Oct. 7, 2005


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628.2


Effective: October 7, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628.1 to 628.4. Repealed by Stats.2005, c. 677 (S.B.512), § 49, eff. Oct. 7, 2005


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628.4


Effective: October 7, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 628.1 to 628.4. Repealed by Stats.2005, c. 677 (S.B.512), § 49, eff. Oct. 7, 2005


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628.5


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§ 628.5. Report of violation to the California Massage Therapy Council


For any person that is criminally prosecuted for a violation of law in connection with massage therapy, including for crimes relating to prostitution, the arresting law enforcement agency may provide to the California Massage Therapy Council, created pursuant to Section 4600.5 of the Business and Professions Code, information concerning the massage therapy instruction received by the person prosecuted, including the name of the school attended, if any.


CREDIT(S)



(Added by Stats.2011, c. 149 (S.B.285), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 628.6


Effective: October 7, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§ 628.6. Repealed by Stats.2005, c. 677 (S.B.512), § 49, eff. Oct. 7, 2005


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§ 629. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§ 629a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.02


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.04


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.06


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.08


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.10


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.12


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.14


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.16


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.18


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.20


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.22


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.24


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.26


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.28


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.30


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.32


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.34


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.36


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.38


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.39


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.40


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.41


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.42


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.44


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.46


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.48


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.3. Massage Therapy (Refs & Annos)

§§ 629.02 to 629.48. Repealed by Stats.1997, c. 355 (S.B.688), § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 1.4, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.50


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.50. Application for order authorizing interception; facsimile copies


(a) Each application for an order authorizing the interception of a wire or electronic communication shall be made in writing upon the personal oath or affirmation of the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or of a district attorney, or the person designated to act as district attorney in the district attorney's absence, to the presiding judge of the superior court or one other judge designated by the presiding judge. An ordered list of additional judges may be authorized by the presiding judge to sign an order authorizing an interception. One of these judges may hear an application and sign an order only if that judge makes a determination that the presiding judge, the first designated judge, and those judges higher on the list are unavailable. Each application shall include all of the following information:


(1) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application.


(2) The identity of the law enforcement agency that is to execute the order.


(3) A statement attesting to a review of the application and the circumstances in support thereof by the chief executive officer, or his or her designee, of the law enforcement agency making the application. This statement shall name the chief executive officer or the designee who effected this review.


(4) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his or her belief that an order should be issued, including (A) details as to the particular offense that has been, is being, or is about to be committed, (B) the fact that conventional investigative techniques had been tried and were unsuccessful, or why they reasonably appear to be unlikely to succeed or to be too dangerous, (C) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (D) a particular description of the type of communication sought to be intercepted, and (E) the identity, if known, of the person committing the offense and whose communications are to be intercepted, or if that person's identity is not known, then the information relating to the person's identity that is known to the applicant.


(5) A statement of the period of time for which the interception is required to be maintained, and if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of the facts establishing probable cause to believe that additional communications of the same type will occur thereafter.


(6) A full and complete statement of the facts concerning all previous applications known, to the individual authorizing and to the individual making the application, to have been made to any judge of a state or federal court for authorization to intercept wire or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each of those applications. This requirement may be satisfied by making inquiry of the California Attorney General and the United States Department of Justice and reporting the results of these inquiries in the application.


(7) If the application is for the extension of an order, a statement setting forth the number of communications intercepted pursuant to the original order, and the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results.


(8) An application for modification of an order may be made when there is probable cause to believe that the person or persons identified in the original order have commenced to use a facility or device that is not subject to the original order. Any modification under this subdivision shall only be valid for the period authorized under the order being modified. The application for modification shall meet all of the requirements in paragraphs (1) to (6), inclusive, and shall include a statement of the results thus far obtained from the interception, or a reasonable explanation for the failure to obtain results.


(b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of an application for an order under this section.


(c) The judge shall accept a facsimile copy of the signature of any person required to give a personal oath or affirmation pursuant to subdivision (a) as an original signature to the application. The original signed document shall be sealed and kept with the application pursuant to the provisions of Section 629.66 and custody of the original signed document shall be in the same manner as the judge orders for the application.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 1; Stats.2006, c. 146 (S.B.1714), § 1; Stats.2010, c. 707 (S.B.1428), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.51


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.51. Definitions; application


(a) For the purposes of this chapter, the following terms have the following meanings:


(1) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of a like connection in a switching station), furnished or operated by any person engaged in providing or operating these facilities for the transmission of communications.


(2) “Electronic communication” means any 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, but does not include any of the following:


(A) Any wire communication defined in paragraph (1).


(B) Any communication made through a tone-only paging device.


(C) Any communication from a tracking device.


(D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.


(3) “Tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or object.


(4) “Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception.


(b) This chapter applies to the interceptions of wire and electronic communications. It does not apply to stored communications or stored content.


(c) The act that added this subdivision is not intended to change the law as to stored communications or stored content.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 2; Stats.2005, c. 17 (A.B.1305), § 1; Stats.2010, c. 707 (S.B.1428), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.52


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.52. Order authorizing interception; required findings; specified offenses


Upon application made under Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines, on the basis of the facts submitted by the applicant, all of the following:


(a) There is probable cause to believe that an individual is committing, has committed, or is about to commit, one of the following offenses:


(1) Importation, possession for sale, transportation, manufacture, or sale of controlled substances in violation of Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code with respect to a substance containing heroin, cocaine, PCP, methamphetamine, or their precursors or analogs where the substance exceeds 10 gallons by liquid volume or three pounds of solid substance by weight.


(2) Murder, solicitation to commit murder, a violation of Section 209, or the commission of a felony involving a destructive device in violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755.


(3) Any felony violation of Section 186.22.


(4) Any felony violation of Section 11418, relating to weapons of mass destruction, Section 11418.5, relating to threats to use weapons of mass destruction, or Section 11419, relating to restricted biological agents.


(5) An attempt or conspiracy to commit any of the above-mentioned crimes.


(b) There is probable cause to believe that particular communications concerning the illegal activities will be obtained through that interception, including, but not limited to, communications that may be utilized for locating or rescuing a kidnap victim.


(c) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person whose communications are to be intercepted.


(d) Normal investigative procedures have been tried and have failed or reasonably appear either to be unlikely to succeed if tried or to be too dangerous.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Initiative Measure (Prop. 21, § 13, approved March 7, 2000, eff. March 8, 2000); Stats.2002, c. 605 (A.B.74), § 3; Stats.2010, c. 178 (S.B.1115), § 62, operative Jan. 1, 2012; Stats.2010, c. 707 (S.B.1428), § 3; Stats.2011, c. 285 (A.B.1402), § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.53


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.53. Guidelines for judges; establishment


The Judicial Council may establish guidelines for judges to follow in granting an order authorizing the interception of any wire or electronic communications.


CREDIT(S)



(Added by Stats.2002, c. 605 (A.B.74), § 4. Amended by Stats.2010, c. 707 (S.B.1428), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.54


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.54. Contents of order authorizing interception


Each order authorizing the interception of any wire or electronic communication shall specify all of the following:


(a) The identity, if known, of the person whose communications are to be intercepted, or if the identity is not known, then that information relating to the person's identity known to the applicant.


(b) The nature and location of the communication facilities as to which, or the place where, authority to intercept is granted.


(c) A particular description of the type of communication sought to be intercepted, and a statement of the illegal activities to which it relates.


(d) The identity of the agency authorized to intercept the communications and of the person making the application.


(e) The period of time during which the interception is authorized including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 5; Stats.2010, c. 707 (S.B.1428), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.56


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.56. Oral approval without order; required findings


(a) Upon informal application by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or a district attorney, or the person designated to act as district attorney in the district attorney's absence, the presiding judge of the superior court or the first available judge designated as provided in Section 629.50 may grant oral approval for an interception, without an order, if he or she determines all of the following:


(1) There are grounds upon which an order could be issued under this chapter.


(2) There is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in this chapter.


(3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private wire or electronic communication before an application for an order could with due diligence be submitted and acted upon.


(b) Approval for an interception under this section shall be conditioned upon filing with the judge, by midnight of the second full court day after the oral approval, a written application for an order which, if granted consistent with this chapter, shall also recite the oral approval under this subdivision and be retroactive to the time of the oral approval.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 6; Stats.2010, c. 707 (S.B.1428), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.58


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.58. Period of authorization; extensions; termination; interpreters


No order entered under this chapter shall authorize the interception of any wire or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days, commencing on the day of the initial interception, or 10 days after the issuance of the order, whichever comes first. Extensions of an order may be granted, but only upon application for an extension made in accordance with Section 629.50 and upon the court making findings required by Section 629.52. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event any longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted so as to minimize the interception of communications not otherwise subject to interception under this chapter, and shall terminate upon attainment of the authorized objective, or in any event at the time expiration of the term designated in the order or any extensions. In the event the intercepted communication is in a foreign language, an interpreter of that foreign language may assist peace officers in executing the authorization provided in this chapter, provided that the interpreter has the same training as any other intercepter authorized under this chapter and provided that the interception shall be conducted so as to minimize the interception of communications not otherwise subject to interception under this chapter.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 7; Stats.2010, c. 707 (S.B.1428), § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.60


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.60. Reports to judge issuing order


Whenever an order authorizing an interception is entered, the order shall require reports in writing or otherwise to be made to the judge who issued the order showing the number of communications intercepted pursuant to the original order, and a statement setting forth what progress has been made toward achievement of the authorized objective, or a satisfactory explanation for its lack, and the need for continued interception. If the judge finds that progress has not been made, that the explanation for its lack is not satisfactory, or that no need exists for continued interception, he or she shall order that the interception immediately terminate. The reports shall be filed with the court at the intervals that the judge may require, but not less than one for each period of 10 days, commencing with the date of the signing of the order, and shall be made by any reasonable and reliable means, as determined by the judge.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 8; Stats.2010, c. 707 (S.B.1428), § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.61


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.61. Report to attorney general; regulations on collection and dissemination of information; disclosure of information


(a) Whenever an order authorizing an interception is entered, the order shall require a report in writing or otherwise to be made to the Attorney General showing what persons, facilities, places, or any combination of these are to be intercepted pursuant to the application, and the action taken by the judge on each of those applications. The report shall be made at the interval that the order may require, but not more than 10 days after the order was issued, and shall be made by any reasonable and reliable means, as determined by the Attorney General.


(b) The Attorney General may issue regulations prescribing the collection and dissemination of information collected pursuant to this chapter.


(c) The Attorney General shall, upon the request of an individual making an application for an interception order pursuant to this chapter, provide any information known as a result of these reporting requirements and in compliance with paragraph (6) of subdivision (a) of Section 629.50.


CREDIT(S)



(Added by Stats.2002, c. 605 (A.B.74), § 9. Amended by Stats.2004, c. 405 (S.B.1796), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.62


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.62. Report by Attorney General


(a) The Attorney General shall prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts on interceptions conducted under the authority of this chapter during the preceding year. Information for this report shall be provided to the Attorney General by any prosecutorial agency seeking an order pursuant to this chapter.


(b) The report shall include all of the following data:


(1) The number of orders or extensions applied for.


(2) The kinds of orders or extensions applied for.


(3) The fact that the order or extension was granted as applied for, was modified, or was denied.


(4) The number of wire or electronic communication devices that are the subject of each order granted.


(5) The period of interceptions authorized by the order, and the number and duration of any extensions of the order.


(6) The offense specified in the order or application, or extension of an order.


(7) The identity of the applying law enforcement officer and agency making the application and the person authorizing the application.


(8) The nature of the facilities from which or the place where communications were to be intercepted.


(9) A general description of the interceptions made under the order or extension, including (A) the number of persons whose communications were intercepted, (B) the number of communications intercepted, (C) the percentage of incriminating communications intercepted and the percentage of other communications intercepted, and (D) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions.


(10) The number of arrests resulting from interceptions made under the order or extension, and the offenses for which arrests were made.


(11) The number of trials resulting from the interceptions.


(12) The number of motions to suppress made with respect to the interceptions, and the number granted or denied.


(13) The number of convictions resulting from the interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions.


(14) Except with regard to the initial report required by this section, the information required by paragraphs (9) to (13), inclusive, with respect to orders or extensions obtained in a preceding calendar year.


(15) The date of the order for service of inventory made pursuant to Section 629.68, confirmation of compliance with the order, and the number of notices sent.


(16) Other data that the Legislature, the Judicial Council, or the Director of the Administrative Office of the United States Courts shall require.


(c) The annual report shall be filed no later than April of each year, and shall also include a summary analysis of the data reported pursuant to subdivision (b). The Attorney General may issue regulations prescribing the content and form of the reports required to be filed pursuant to this section by any prosecutorial agency seeking an order to intercept wire or electronic communications.


(d) The Attorney General shall, upon the request of an individual making an application, provide any information known to him or her as a result of these reporting requirements that would enable the individual making an application to comply with paragraph (6) of subdivision (a) of Section 629.50.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 10; Stats.2003, c. 468 (S.B.851), § 8; Stats.2010, c. 707 (S.B.1428), § 9; Stats.2011, c. 663 (S.B.61), § 1; Stats.2012, c. 162 (S.B.1171), § 126.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.64


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.64. Recording of intercepted communication; requirements; protection


The contents of any wire or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on any recording media. The recording of the contents of any wire or electronic communication pursuant to this chapter shall be done in a way that will protect the recording from editing or other alterations and ensure that the recording can be immediately verified as to its authenticity and originality and that any alteration can be immediately detected. In addition, the monitoring or recording device shall be of a type and shall be installed to preclude any interruption or monitoring of the interception by any unauthorized means. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the judge issuing the order and sealed under his or her directions. Custody of the recordings shall be where the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of Sections 629.74 and 629.76 for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or electronic communication or evidence derived therefrom under Section 629.78.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 11; Stats.2010, c. 707 (S.B.1428), § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.66


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.66. Sealing applications and orders; retention period


Applications made and orders granted pursuant to this chapter shall be sealed by the judge. Custody of the applications and orders shall be where the judge orders. The applications and orders shall be disclosed only upon a showing of good cause before a judge or for compliance with the provisions of subdivisions (b) and (c) of Section 629.70 and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for 10 years.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2010, c. 707 (S.B.1428), § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.68


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.68. Inventory regarding intercepted communications; service on named parties


Within a reasonable time, but no later than 90 days, after the termination of the period of an order or extensions thereof, or after the filing of an application for an order of approval under Section 629.56 which has been denied, the issuing judge shall issue an order that shall require the requesting agency to serve upon persons named in the order or the application, and other known parties to intercepted communications, an inventory which shall include notice of all of the following:


(a) The fact of the entry of the order.


(b) The date of the entry and the period of authorized interception.


(c) The fact that during the period wire or electronic communications were or were not intercepted.


The judge, upon filing of a motion, may, in his or her discretion, make available to the person or his or her counsel for inspection the portions of the intercepted communications, applications, and orders that the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge, the serving of the inventory required by this section may be postponed. The period of postponement shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 12; Stats.2010, c. 707 (S.B.1428), § 12.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.70


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.70. Notification to defendant; providing defendant copy of recorded interceptions; evidentiary or other use; transcript furnished to parties; order limiting disclosures


(a) A defendant shall be notified that he or she was identified as the result of an interception that was obtained pursuant to this chapter. The notice shall be provided prior to the entry of a plea of guilty or nolo contendere, or at least 10 days prior to any trial, hearing, or proceeding in the case other than an arraignment or grand jury proceeding.


(b) Within the time period specified in subdivision (c), the prosecution shall provide to the defendant a copy of all recorded interceptions from which evidence against the defendant was derived, including a copy of the court order, accompanying application, and monitoring logs.


(c) Neither the contents of any intercepted wire or electronic communication nor evidence derived from those contents shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding, except a grand jury proceeding, unless each party, not less than 10 days before the trial, hearing, or proceeding, has been furnished with a transcript of the contents of the interception and with the materials specified in subdivision (b). This 10-day period may be waived by the judge with regard to the transcript if he or she finds that it was not possible to furnish the party with the transcript 10 days before the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay in receiving that transcript.


(d) A court may issue an order limiting disclosures pursuant to subdivisions (a) and (b) upon a showing of good cause.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 13; Stats.2010, c. 707 (S.B.1428), § 13.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.72


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.72. Motion to suppress


Any person in any trial, hearing, or proceeding, may move to suppress some or all of the contents of any intercepted wire or electronic communications, or evidence derived therefrom, only on the basis that the contents or evidence were obtained in violation of the Fourth Amendment of 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 Section 1538.5.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 14; Stats.2010, c. 707 (S.B.1428), § 14.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.74


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.74. Disclosures; investigative or law enforcement officers; grand juries


The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or electronic communication, or evidence derived therefrom, may disclose the contents to one of the individuals referred to in this section, to any judge or magistrate in the state, and to any investigative or law enforcement officer as defined in subdivision (7) of Section 2510 of Title 18 of the United States Code to the extent that the disclosure is permitted pursuant to Section 629.82 and is appropriate to the proper performance of the official duties of the individual making or receiving the disclosure. No other disclosure, except to a grand jury, of intercepted information is permitted prior to a public court hearing by any person regardless of how the person may have come into possession thereof.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 15; Stats.2010, c. 707 (S.B.1428), § 15.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.76


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.76. Use of intercepted communications; law enforcement personnel


The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer or federal law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or electronic communication, or evidence derived therefrom, may use the contents or evidence to the extent the use is appropriate to the proper performance of his or her official duties and is permitted pursuant to Section 629.82.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.1997, c. 355 (S.B.688), § 2; Stats.2002, c. 605 (A.B.74), § 16; Stats.2010, c. 707 (S.B.1428), § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.78


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.78. Evidence; testimony disclosing communication


Any person who has received, by any means authorized by this chapter, any information concerning a wire or electronic communication, or evidence derived therefrom, intercepted in accordance with the provisions of this chapter, may, pursuant to Section 629.82, disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in any criminal court proceeding or in any grand jury proceeding.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 17; Stats.2010, c. 707 (S.B.1428), § 17.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.80


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.80. Privileged communications; required interruption of interception


No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. When a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications that are of a privileged nature he or she shall immediately cease the interception for at least two minutes. After a period of at least two minutes, interception may be resumed for up to 30 seconds during which time the officer shall determine if the nature of the communication is still privileged. If still of a privileged nature, the officer shall again cease interception for at least two minutes, after which the officer may again resume interception for up to 30 seconds to redetermine the nature of the communication. The officer shall continue to go online and offline in this manner until the time that the communication is no longer privileged or the communication ends. The recording device shall be metered so as to authenticate upon review that interruptions occurred as set forth in this chapter.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.1997, c. 355 (S.B.688), § 3; Stats.2002, c. 605 (A.B.74), § 18; Stats.2010, c. 707 (S.B.1428), § 18.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.82


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.82. Interceptions relating to crimes not specified in order of authorization; use


(a) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications relating to crimes other than those specified in the order of authorization, but which are enumerated in subdivision (a) of Section 629.52, or any violent felony as defined in subdivision (c) of Section 667.5, (1) the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in Sections 629.74 and 629.76 and (2) the contents and any evidence derived therefrom may be used under Section 629.78 when authorized by a judge if the judge finds, upon subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application shall be made as soon as practicable.


(b) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications relating to crimes other than those specified in subdivision (a), the contents thereof, and evidence derived therefrom, may not be disclosed or used as provided in Sections 629.74 and 629.76, except to prevent the commission of a public offense. The contents and any evidence derived therefrom may not be used under Section 629.78, except where the evidence was obtained through an independent source or inevitably would have been discovered, and the use is authorized by a judge who finds that the contents were intercepted in accordance with this chapter.


(c) The use of the contents of an intercepted wire or electronic communication relating to crimes other than those specified in the order of authorization to obtain a search or arrest warrant entitles the person named in the warrant to notice of the intercepted wire or electronic communication and a copy of the contents thereof that were used to obtain the warrant.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.1997, c. 355 (S.B.688), § 4; Stats.1998, c. 485 (A.B.2803), § 131; Stats.2002, c. 605 (A.B.74), § 19; Stats.2010, c. 707 (S.B.1428), § 19.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.84


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.84. Violations; punishment


Any violation of this chapter is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2011, c. 15 (A.B.109), § 427, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.86


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.86. Remedies for violations; damages; attorney's fees and costs; reliance on court order as defense


Any person whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have the following remedies:


(a) Have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, the communications.


(b) Be entitled to recover, in that action, all of the following:


(1) Actual damages but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is greater.


(2) Punitive damages.


(3) Reasonable attorney's fees and other litigation costs reasonably incurred.


A good faith reliance on a court order is a complete defense to any civil or criminal action brought under this chapter, or under Chapter 1.5 (commencing with Section 630) or any other law.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 20; Stats.2010, c. 707 (S.B.1428), § 20.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.88


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.88. Construction and application of this chapter with other laws


Nothing in Section 631, 632.5, 632.6, or 632.7 shall be construed as prohibiting any peace officer or federal law enforcement officer from intercepting any wire or electronic communication pursuant to an order issued in accordance with the provisions of this chapter. Nothing in Section 631, 632.5, 632.6, or 632.7 shall be construed as rendering inadmissible in any criminal proceeding in any court or before any grand jury any evidence obtained by means of an order issued in accordance with the provisions of this chapter. Nothing in Section 637 shall be construed as prohibiting the disclosure of the contents of any wire or electronic communication obtained by any means authorized by this chapter, if the disclosure is authorized by this chapter. Nothing in this chapter shall apply to any conduct authorized by Section 633.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.1997, c. 355 (S.B.688), § 5; Stats.2002, c. 605 (A.B.74), § 21; Stats.2010, c. 707 (S.B.1428), § 21.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.89


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.89. Covert entry into dwelling or room


No order issued pursuant to this chapter shall either directly or indirectly authorize covert entry into or upon the premises of a residential dwelling, hotel room, or motel room for installation or removal of any interception device or for any other purpose. Notwithstanding that this entry is otherwise prohibited by any other section or code, this chapter expressly prohibits covert entry of a residential dwelling, hotel room, or motel room to facilitate an order to intercept wire or electronic communications.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 22; Stats.2010, c. 707 (S.B.1428), § 22.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.90


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.90. Assistance with interception; utilities, landlords, and others; compensation


An order authorizing the interception of a wire or electronic communication shall direct, upon request of the applicant, that a public utility engaged in the business of providing communications services and facilities, a landlord, custodian, or any other person furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services which the public utility, landlord, custodian, or other person is providing the person whose communications are to be intercepted. Any such public utility, landlord, custodian, or other person furnishing facilities or technical assistance shall be fully compensated by the applicant for the reasonable costs of furnishing the facilities and technical assistance.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 23; Stats.2010, c. 707 (S.B.1428), § 23.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.91


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.91. Utilities, landlords and others; reliance on court order as defense


A good faith reliance on a court order issued in accordance with this chapter by any public utility, landlord, custodian, or any other person furnishing information, facilities, and technical assistance as directed by the order is a complete defense to any civil or criminal action brought under this chapter, Chapter 1.5 (commencing with Section 630), or any other law.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.92


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.92. Court discretion to conform proceedings to constitutional or statutory requirements


Notwithstanding any other provision of law, any court to which an application is made in accordance with this chapter may take any evidence, make any finding, or issue any order required to conform the proceedings or the issuance of any order of authorization or approval to the provisions of the Constitution of the United States, any law of the United States, or this chapter.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.94


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.94. Training course; certification and recertification standards; fees


(a) The Commission on Peace Officer Standards and Training, in consultation with the Attorney General, shall establish a course of training in the legal, practical, and technical aspects of the interception of private wire or electronic communications and related investigative techniques.


(b) The Attorney General shall set minimum standards for certification and periodic recertification of the following persons as eligible to apply for orders authorizing the interception of private wire or electronic communications, to conduct the interceptions, and to use the communications or evidence derived from them in official proceedings:


(1) Investigative or law enforcement officers.


(2) Other persons, when necessary, to provide linguistic interpretation who are designated by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or the district attorney, or the district attorney's designee and are supervised by an investigative or law enforcement officer.


(c) The Commission on Peace Officer Standards and Training may charge a reasonable enrollment fee for those students who are employed by an agency not eligible for reimbursement by the commission to offset the costs of the training. The Attorney General may charge a reasonable fee to offset the cost of certification.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.2002, c. 605 (A.B.74), § 24; Stats.2010, c. 707 (S.B.1428), § 24.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.96


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.96. Severability


If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of its provisions to other persons or circumstances, shall not be affected thereby.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 629.98


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications (Refs & Annos)

§ 629.98. Duration of chapter


This chapter shall remain in effect only until January 1, 2015, and as of that date is repealed.


CREDIT(S)



(Added by Stats.1995, c. 971 (S.B.1016), § 10. Amended by Stats.1997, c. 355 (S.B.688), § 6; Stats.2002, c. 605 (A.B.74), § 25; Stats.2007, c. 391 (A.B.569), § 1; Stats.2011, c. 663 (S.B.61), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 1.5, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 630


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 630. Legislative finding and intent


The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society.


The Legislature by this chapter intends to protect the right of privacy of the people of this state.


The Legislature recognizes that law enforcement agencies have a legitimate need to employ modern listening devices and techniques in the investigation of criminal conduct and the apprehension of lawbreakers. Therefore, it is not the intent of the Legislature to place greater restraints on the use of listening devices and techniques by law enforcement agencies than existed prior to the effective date of this chapter.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3584, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 630a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 630a, 630b. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 630b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 630a, 630b. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 631. Wiretapping


(a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of Section 1170. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.


(b) This section shall not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.


(c) Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.


(d) This section shall become operative on January 1, 1994.


CREDIT(S)



(Added by Stats.1988, c. 111, § 4. Amended by Stats.1988, c. 1373, § 4, operative Jan. 1, 1994; Stats.1992, c. 298 (A.B.2465), § 2, operative Jan. 1, 1994; Stats.2011, c. 15 (A.B.109), § 428, eff. April 4, 2011, operative Oct. 1, 2011.)


VALIDITY



This section was held preempted by the federal Electronic Communications Privacy Act (ECPA) in the decision of Bunnell v. Motion Picture Ass'n of America, C.D.Cal.2007, 567 F.Supp.2d 1148.



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 631a to 631e. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 631a to 631e. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 631a to 631e. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631d


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 631a to 631e. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 631e


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 631a to 631e. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 632. Eavesdropping on or recording confidential communications


(a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.


(b) The term “person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.


(c) The term “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.


(d) Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.


(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.


(f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3585, § 1. Amended by Stats.1976, c. 1139, p. 5134, § 258, operative July 1, 1977; Stats.1985, c. 909, § 2.5; Stats.1990, c. 696 (A.B.3457), § 3; Stats.1992, c. 298 (A.B.2465), § 3; Stats.1994, c. 1010 (S.B.2053), § 194.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 632a to 632(4). Repealed by Stats.1911, c. 152, p. 319, § 1; Stats.1925, c. 170, p. 321, § 1; Stats.1933, c. 74, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632(4)


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 632a to 632(4). Repealed by Stats.1911, c. 152, p. 319, § 1; Stats.1925, c. 170, p. 321, § 1; Stats.1933, c. 74, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632.2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 632.2. Repealed by Stats.1990, c. 1342 (S.B.2501), § 3, operative Jan. 1, 1994


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 632.5. Cellular radio telephone interceptions; application of section


(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has been previously convicted of a violation of this section or Section 631, 632, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.


(b) In the following instances, this section shall not apply:


(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.


(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.


(3) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.


(c) As used in this section and Section 635, “cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.


CREDIT(S)



(Added by Stats.1985, c. 909, § 3. Amended by Stats.1992, c. 298 (A.B.2465), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 632.6. Cordless or cellular telephones; interception or receipt of communications without consent; punishment; exceptions


(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.


(b) This section shall not apply in any of the following instances:


(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.


(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.


(3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility.


(c) As used in this section and in Section 635, “cordless telephone” means a two-way low power communication system consisting of two parts--a “base” unit which connects to the public switched telephone network and a handset or “remote” unit--which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.


CREDIT(S)



(Added by Stats.1990, c. 696 (A.B.3457), § 4. Amended by Stats.1992, c. 298 (A.B.2465), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 632.7


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 632.7. Cordless or cellular radio telephones; intentional recordation of communications without consent; punishment; exceptions


(a) Every person who, without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of this section or ofSection 631, 632, 632.5, 632.6, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.


(b) This section shall not apply to any of the following:


(1) Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.


(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.


(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.


(c) As used in this section, each of the following terms have the following meaning:


(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.


(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.


(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.


CREDIT(S)



(Added by Stats.1992, c. 298 (A.B.2465), § 6. Amended by Stats.1993, c. 536 (A.B.1554), § 1, eff. Sept. 28, 1993.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633. Law enforcement officers; authorized use of electronic, etc., equipment


Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.


Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3586, § 1. Amended by Stats.1985, c. 909, § 4; Stats.1987, c. 828, § 39; Stats.1990, c. 696 (A.B.3457), § 5; Stats.1992, c. 298 (A.B.2465), § 7; Stats.2003, c. 468 (S.B.851), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633.05


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633.05. City attorney authority; overhearing or recording communication; admissibility of evidence


(a) Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record.


(b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record.


CREDIT(S)



(Added by Stats.2011, c. 659 (A.B.1010), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633.1. Airport law enforcement officer telephone call; recording; admissibility of evidence; application of section


(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision (d) of Section 830.33, acting within the scope of his or her authority, from recording any communication which is received on an incoming telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers. In order for a telephone call to be recorded under this subdivision, a series of electronic tones shall be used, placing the caller on notice that his or her telephone call is being recorded.


(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by an officer described in subdivision (a) if the evidence was received by means of recording any communication which is received on an incoming public telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers.


(c) This section shall only apply to airport law enforcement officers who are employed at an airport which maintains regularly scheduled international airport service and which maintains permanent facilities of the United States Customs Service.


CREDIT(S)



(Added by Stats.1987, c. 467, § 1. Amended by Stats.1992, c. 298 (A.B.2465), § 8; Stats.1995, c. 62 (S.B.1214), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633.5. Recording communications relating to commission of extortion, kidnapping, bribery, felony involving violence against the person, or violation of § 653m


Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, or a violation of Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, a violation of Section 653m, or any crime in connection therewith.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3586, § 1. Amended by Stats.1985, c. 909, § 5; Stats.1990, c. 696 (A.B.3457), § 6; Stats.1992, c. 298 (A.B.2465), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633.6


Effective: January 1, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633.6. Domestic violence restraining order; permission to record prohibited communications by perpetrator


(a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.


(b) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.


CREDIT(S)



(Added by Stats.1999, c. 367 (A.B.207), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 633.8


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 633.8. Emergency situations involving taking of hostage or barricading; use of electronic amplifying or recording devices to eavesdrop and record oral communications permitted; conditions for use by designated peace officers; orders approving use; manner of recording; effect on admissibility of evidence


(a) It is the intent of the Legislature in enacting this section to provide law enforcement with the ability to use electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location. It is the intent of the Legislature that eavesdropping on oral communications pursuant to this section comply with paragraph (7) of Section 2518 of Title 18 of the United States Code.


(b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a designated peace officer described in subdivision (c) may use, or authorize the use of, an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication within a particular location in response to an emergency situation involving the taking of a hostage or hostages or the barricading of a location if all of the following conditions are satisfied:


(1) The officer reasonably determines that an emergency situation exists involving the immediate danger of death or serious physical injury to any person, within the meaning of Section 2518(7)(a)(i) of Title 18 of the United States Code.


(2) The officer reasonably determines that the emergency situation requires that the eavesdropping on oral communication occur immediately.


(3) There are grounds upon which an order could be obtained pursuant to Section 2516(2) of Title 18 of the United States Code in regard to the offenses enumerated therein.


(c) Only a peace officer who has been designated by either a district attorney in the county where the emergency exists, or by the Attorney General to make the necessary determinations pursuant to paragraphs (1), (2), and (3) of subdivision (b) may make those determinations for purposes of this section.


(d) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists, a peace officer shall not be required to knock and announce his or her presence before entering, installing, and using any electronic amplifying or recording devices.


(e) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists and an eavesdropping device has been deployed, an application for an order approving the eavesdropping shall be made within 48 hours of the beginning of the eavesdropping and shall comply with the requirements of Section 629.50. A court may grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code.


(f) The contents of any oral communications overheard pursuant to this section shall be recorded on tape or other comparable device. The recording of the contents shall be done so as to protect the recording from editing or other alterations.


(g) For purposes of this section, a “barricading” occurs when a person refuses to come out from a covered or enclosed position. Barricading also occurs when a person is held against his or her will and the captor has not made a demand.


(h) For purposes of this section, a “hostage situation” occurs when a person is held against his or her will and the captor has made a demand.


(i) A judge shall not grant an application made pursuant to this section in anticipation that an emergency situation will arise. A judge shall grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code, and only if the peace officer has fully complied with the requirements of this section. If an application is granted pursuant to this section, an inventory shall be served pursuant to Section 629.68.


(j) This section does not require that a peace officer designated pursuant to subdivision (c) undergo training pursuant to Section 629.94.


(k) A peace officer who has been designated pursuant to subdivision (c) to use an eavesdropping device shall cease use of the device upon the termination of the barricade or hostage situation, or upon the denial by a judge of an application for an order to approve the eavesdropping, whichever is earlier.


(l) Nothing in this section shall be deemed to affect the admissibility or inadmissibility of evidence.


CREDIT(S)



(Added by Stats.2010, c. 380 (A.B.2210), § 1. Amended by Stats.2011, c. 304 (S.B.428), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 634


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 634. Trespass for the purpose of committing prohibited acts; punishment


Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3587, § 1. Amended by Stats.1976, c. 1139, p. 5135, § 259, operative July 1, 1977; Stats.1985, c. 909, § 6; Stats.1990, c. 696 (A.B.3457), § 7; Stats.1992, c. 298 (A.B.2465), § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 634 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 634   1/2 . Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 635


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 635. Manufacture, sale and possession of eavesdropping devices; punishment; recidivists; exceptions


(a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.


(b) This section does not apply to either of the following:


(1) An act otherwise prohibited by this section when performed by any of the following:


(A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or facilities of the utility.


(B) A state, county, or municipal law enforcement agency or an agency of the federal government.


(C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government.


(2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3587, § 1. Amended by Stats.1976, c. 1139, p. 5135, § 260, operative July 1, 1977; Stats.1985, c. 909, § 7; Stats.1990, c. 696 (A.B.3457), § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 635 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 635   1/2 . Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 636. Eavesdropping or recording conversation between prisoner and attorney, religious adviser, or physician; offenses; exceptions


(a) Every person who, without permission from all parties to the conversation, eavesdrops on or records, by means of an electronic device, a conversation, or any portion thereof, between a person who is in the physical custody of a law enforcement officer or other public officer, or who is on the property of a law enforcement agency or other public agency, and that person's attorney, religious adviser, or licensed physician, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.


(b) Every person who, intentionally and without permission from all parties to the conversation, nonelectronically eavesdrops upon a conversation, or any portion thereof, that occurs between a person who is in the physical custody of a law enforcement officer or other public officer and that person's attorney, religious adviser, or licensed physician, is guilty of a public offense. This subdivision applies to conversations that occur in a place, and under circumstances, where there exists a reasonable expectation of privacy, including a custody holding area, holding area, or anteroom. This subdivision does not apply to conversations that are inadvertently overheard or that take place in a courtroom or other room used for adjudicatory proceedings. A person who is convicted of violating this subdivision shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not to exceed one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that fine and imprisonment.


(c) This section shall not apply to any employee of a public utility engaged in the business of providing service and facilities for telephone or telegraph communications while engaged in the construction, maintenance, conduct, or operation of the service or facilities of that public utility who listens in to conversations for the limited purpose of testing or servicing equipment.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3588, § 1. Amended by Stats.1995, c. 129 (A.B.1892), § 1; Stats.2011, c. 15 (A.B.109), § 429, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 636a to 636c. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 636a to 636c. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 636a to 636c. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 636   1/2 . Repealed by Stats.1925, c. 172, p. 323, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 636.5


Effective: January 1, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 636.5. Public safety radio communications; prohibited interceptions; penalty


Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor.


Nothing in this section shall preclude prosecution of any person under Section 31 or 32.


As used in this section, “public safety radio service communication” means a communication authorized by the Federal Communications Commission to be transmitted by a station in the public safety radio service.


CREDIT(S)



(Added by Stats.1976, c. 1129, p. 5044, § 1. Amended by Stats.1991, c. 515 (S.B.554), § 1; Stats.1999, c. 853 (S.B.832), § 13.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637. Disclosure of telegraphic or telephonic message; punishment; exception


Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3588, § 1. Amended by Stats.1976, c. 1139, p. 5136, § 261, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 430, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637d


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637e


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637f


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637 1/2a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§§ 637a to 637   1/2 a. Repealed by Stats.1933, c. 73, p. 511, § 1421


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.1. Telegraphic or telephonic message; opening or procuring improper delivery; punishment


Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in Section 637.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3588, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.2. Civil action by person injured; injunction


(a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts:


(1) Five thousand dollars ($5,000).


(2) Three times the amount of actual damages, if any, sustained by the plaintiff.


(b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a).


(c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.


CREDIT(S)



(Added by Stats.1967, c. 1509, p. 3588, § 1. Amended by Stats.1992, c. 298 (A.B.2465), § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.3


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.3. Voice prints or other voice stress patterns; use of systems to record or examine without consent; damages


(a) No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation.


(b) This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties.


(c) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.


CREDIT(S)



(Added by Stats.1978, c. 1251, p. 4066, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.4


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.4. Polygraph examination of complaining witness to sex offense as prerequisite to filing accusatory pleading; prohibition; damages


(a) No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining witness, in a case involving the use of force, violence, duress, menace, or threat of great bodily harm in the commission of any sex offense, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading.


(b) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.


CREDIT(S)



(Added by Stats.1980, c. 880, p. 2761, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.5


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.5. Satellite or cable television corporations; use of electronic devices to observe, listen to, record or monitor events or conversations; use of information regarding subscribers; notice of right to privacy; civil liability; misdemeanor; punishment


(a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall:


(1) Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber's residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality.


(2) Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber's television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber's express written consent.


(b) Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. However, a satellite or cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the subscriber information.


(c) A satellite or cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for information are made, a satellite or cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law.


Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).


(d) Any individually identifiable subscriber information gathered by a satellite or cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or cable television corporation shall correct the information.


(e) Upon a subscriber's application for satellite or cable television service, including, but not limited to, interactive service, a satellite or cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber's right to privacy protection afforded by this section.


(f) As used in this section:


(1) “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 of the Public Utilities Code.


(2) “Individually identifiable information” means any information identifying an individual or his or her use of any service provided by a satellite or cable system other than the mere fact that the individual is a satellite or cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service.


(3) “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local.


(4) “Interactive service” means any service offered by a satellite or cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or cable television corporation, or vice versa.


(g) Nothing in this section shall be construed to limit the ability of a satellite or cable television corporation to market satellite or cable television or ancillary services to its subscribers.


(h) Any person receiving subscriber information from a satellite or cable television corporation shall be subject to the provisions of this section.


(i) Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or cable television corporation, service provider, or person that leases a channel or channels on a satellite or cable television system that violates the provisions of this section.


(j) Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.


(k) The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts.


(l) The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards.


CREDIT(S)



(Added by Stats.1982, c. 1519, p. 5892, § 1. Amended by Stats.1994, c. 1010 (S.B.2053), § 195; Stats.2001, c. 731 (S.B.1090), § 1; Stats.2002, c. 664 (A.B.3034), § 173; Stats.2006, c. 198 (A.B.3073), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.6. Personal information acquired to establish or implement carpooling or ridesharing programs; prohibition of disclosure; violations; penalties


(a) No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the individual's residence address, employment address, or hours of employment, for the purpose of assisting private entities in the establishment or implementation of carpooling or ridesharing programs, shall disclose that information to any other person or use that information for any other purpose without the prior written consent of the individual.


(b) As used in this section, “carpooling or ridesharing programs” include, but shall not be limited to, the formation of carpools, vanpools, buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting.


(c) Any person who violates this section is guilty of a misdemeanor, punishable by imprisonment in the county jail for not exceeding one year, or by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.


CREDIT(S)



(Added by Stats.1990, c. 304 (A.B.3984), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.7


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.7. Electronic tracking device


(a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.


(b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.


(c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.


(d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.


(e) A violation of this section is a misdemeanor.


(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code.


CREDIT(S)



(Added by Stats.1998, c. 449 (S.B.1667), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 637.9


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 637.9. Mailing or reference list brokers and dealers; background information concerning customer; protection of children


(a) Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as defined, knowingly does any of the following is guilty of a misdemeanor:


(1) Fails, prior to selling or distributing a list to a first-time buyer, to obtain the buyer's name, address, telephone number, tax identification number if the buyer is a forprofit entity, a sample of the type of material to be distributed using the list, or to make a good-faith effort to verify the nature and legitimacy of the business or organization to which the list is being sold or distributed.


(2) Knowingly provides access to personal information about children to any person who he or she knows is registered or required to register as a sex offender.


(b) Any person who uses personal information about a child that was obtained for commercial purposes to directly contact the child or the child's parent to offer a commercial product or service to the child and who knowingly fails to comply with the parent's request to take steps to limit access to personal information about a child only to authorized persons is guilty of a misdemeanor.


(c) Any person who knowingly distributes or receives any personal information about a child with knowledge that the information will be used to abuse or physically harm the child is guilty of a misdemeanor.


(d)(1) List brokers shall, upon a written request from a parent that specifically identifies the child, provide the parent with procedures that the parent must follow in order to withdraw consent to use personal information relating to his or her child. Any list broker who fails to discontinue disclosing personal information about a child within 20 days after being so requested in writing by the child's parent, is guilty of a misdemeanor.


(2) Any person who, through the mail, markets or sells products or services directed to children, shall maintain a list of all individuals, and their addresses, who have requested in writing that the person discontinue sending any marketing or sales materials to the individual or the individual's child or children. No person who is obligated to maintain that list shall cause any marketing or sales materials, other than those that are already in the process of dissemination, to be sent to any individual's child or children, after that individual has made that written request. Any person who is subject to the provisions of this paragraph, who fails to comply with the requirements of this paragraph or who violates the provisions of this paragraph is guilty of a misdemeanor.


(e) The following shall be exempt from subdivisions (a) and (b):


(1) Any federal, state, or local government agency or law enforcement agency.


(2) The National Center for Missing and Exploited Children.


(3) Any educational institution, consortia, organization, or professional association, which shall include, but not be limited to, the California community colleges; the California State University, and each campus, branch, and function thereof; each campus, branch, and function of the University of California; the California Maritime Academy; or any independent institution of higher education accredited by an agency recognized by the federal Department of Education. For the purposes of this paragraph, “independent institution of higher education” means any nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both undergraduate and graduate degrees, is formed as a nonprofit corporation in this state, and is accredited by an agency recognized by the federal Department of Education; or any private postsecondary vocational institution registered, approved, or exempted by the Bureau of Private Postsecondary Vocational Education.


(4) Any nonprofit organization that is exempt from taxation under Section 23701d of the Revenue and Taxation Code.


(f) As used in this section:


(1) “Child” means a person who is under 16 years of age.


(2) “Parent” shall include a legal guardian.


(3) “Personal information” means any information that identifies a child and that would suffice to locate and contact the child, including, but not limited to, the name, postal or electronic mail address, telephone number, social security number, date of birth, physical description of the child, or family income.


(4) “List” may include, but is not limited to, a collection of name and address records of individuals sharing a common interest, purchase history, demographic profile, membership, or affiliation.


CREDIT(S)



(Added by Stats.1998, c. 763 (A.B.1792), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 638


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 1.5. Invasion of Privacy (Refs & Annos)

§ 638. Purchase, sale or procurement of telephone calling pattern record or list without consent of subscriber; penalties; use as evidence; legislative intent


(a) Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment.


(b) Any personal information contained in a telephone calling pattern record or list that is obtained in violation of this section shall be inadmissible as evidence in any judicial, administrative, legislative, or other proceeding except when that information is offered as proof in an action or prosecution for a violation of this section, or when otherwise authorized by law, in any criminal prosecution.


(c) For purposes of this section:


(1) “Person” includes an individual, business association, partnership, limited partnership, corporation, limited liability company, or other legal entity.


(2) “Telephone calling pattern record or list” means information retained by a telephone company that relates to the telephone number dialed by the subscriber, or other person using the subscriber's telephone with permission, or the incoming number of a call directed to the subscriber, or other data related to such calls typically contained on a subscriber telephone bill such as the time the call started and ended, the duration of the call, any charges applied, and any information described in subdivision (a) of Section 2891 of the Public Utilities Code whether the call was made from or to a telephone connected to the public switched telephone network, a cordless telephone, as defined in Section 632.6, a telephony device operating over the Internet utilizing voice over Internet protocol, a satellite telephone, or commercially available interconnected mobile phone service that provides access to the public switched telephone network via a mobile communication device employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services, and digital Specialized Mobile Radio.


(3) “Telephone company” means a telephone corporation as defined in Section 234 of the Public Utilities Code or any other person that provides residential or commercial telephone service to a subscriber utilizing any of the technologies or methods enumerated in paragraph (2).


(4) For purposes of this section, “purchase” and “sell” shall not include information provided to a collection agency or assignee of the debt by the telephone corporation, and used exclusively for the collection of the unpaid debt assigned by the telephone corporation, provided that the collection agency or assignee of the debt shall be liable for any disclosure of the information that is in violation of this section.


(d) An employer of, or entity contracting with, a person who violates subdivision (a) shall only be subject to prosecution pursuant to that provision if the employer or contracting entity knowingly allowed the employee or contractor to engage in conduct that violated subdivision (a).


(e) It is the intent of the Legislature to ensure that telephone companies maintain telephone calling pattern records or lists in the strictest confidence, and protect the privacy of their subscribers with all due care. While it is not the intent of the Legislature in this act to preclude the sharing of information that is currently allowed by both state and federal laws and rules governing those records, it is the Legislature's intent in this act to preclude any unauthorized purchase or sale of that information.


(f) This section shall not be construed to prevent a law enforcement or prosecutorial agency, or any officer, employee, or agent thereof from obtaining telephone records in connection with the performance of the official duties of the agency consistent with any other applicable state and federal law.


(g) Nothing in this section shall preclude prosecution under any other provision of law.


(h) The Legislature hereby finds and declares that, notwithstanding the prohibition on specific means of making available or obtaining personal calling records pursuant to this section, the disclosure of personal calling records through any other means is no less harmful to the privacy and security interests of Californians. This section is not intended to limit the scope or force of Section 2891 of the Public Utilities Code in any way.


CREDIT(S)



(Added by Stats.2006, c. 626 (S.B.202), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 638a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 638a. Repealed by Stats.1989, c. 897, § 24


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 639


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 639. Bribery of director, officer or employee of financial institution to procure loan or extension of credit


Every person who gives, offers, or agrees to give to any director, officer, or employee of a financial institution any emolument, gratuity, or reward, or any money, property, or thing of value for his own personal benefit or of personal advantage, for procuring or endeavoring to procure for any person a loan or extension of credit from such financial institution is guilty of a felony.


As used in this section and Section 639a, “financial institution” means any person or persons engaged in the business of making loans or extending credit or procuring the making of loans or extension of credit, including, but not limited to, state and federal banks, savings and loan associations, trust companies, industrial loan companies, personal property brokers, consumer finance lenders, commercial finance lenders, credit unions, escrow companies, title insurance companies, insurance companies, small business investment companies, pawnbrokers, and retirement funds.


As used in this section and Section 639a the word “person” includes any person, firm, partnership, association, corporation, limited liability company, company, syndicate, estate, trust, business trust, or organization of any kind.


CREDIT(S)



(Added by Stats.1965, c. 264, p. 1261, § 1. Amended by Stats.1967, c. 1023, p. 2616, § 1; Stats.1981, c. 724, p. 2868, § 12; Stats.1982, c. 1082, p. 3944, § 26; Stats.1994, c. 1010 (S.B.2053), § 196.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 639a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 639a. Solicitation of bribe by director, officer or employee of financial institution


Any officer, director or employee of a financial institution who asks, receives, consents, or agrees to receive any commission, emolument, gratuity, or reward or any money, property, or thing of value for his own personal benefit or of personal advantage for procuring or endeavoring to procure for any person a loan from such financial institution is guilty of a felony.


CREDIT(S)



(Added by Stats.1967, c. 1023, p. 2617, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640. Acts committed on or in facilities or vehicles of public transportation systems; infractions; fines or community service; administrative penalty


(a)(1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator's hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator's hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.


(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.


(b)(1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.


(2) Disturbing another person by loud or unreasonable noise.


(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.


(4) Expectorating upon a system facility or vehicle.


(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.


(6) Sale or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.


(c)(1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.


(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.


(3)(A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.


(B) In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.


(d)(1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.


(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.


(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.


(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.


(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.


(e) Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code and shall not apply to minors.


(f) For purposes of this section, a “facility or vehicle of a public transportation system” means any of the following:


(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.


(2) A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.


(3) A facility or vehicle of the Southern California Regional Rail Authority, whether owned or leased.


(4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.


CREDIT(S)



(Added by Stats.1981, c. 766, p. 2979, § 1. Amended by Stats.1983, c. 576, § 1; Stats.1985, c. 251, § 1; Stats.1988, c. 311, § 1; Stats.1989, c. 1151, § 1; Stats.1990, c. 261 (A.B.3844), § 1; Stats.1994, c. 541 (S.B.1501), § 1; Stats.2000, c. 860 (A.B.2908), § 1; Stats.2006, c. 258 (S.B.1749), § 1; Stats.2010, c. 493 (S.B.1320), § 1; Stats.2010, c. 675 (A.B.2324), § 3.5; Stats.2011, c. 100 (A.B.426), § 1; Stats.2012, c. 366 (A.B.492), § 1; Stats.2012, c. 750 (A.B.2247), § 1.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640a. Coin operated vending machines, etc.; use of slugs, counterfeited or foreign coins, etc.; manufacture or distribution of slugs


1. Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic vending machine, slot machine or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine or receptacle, or who shall take, obtain or receive from or in connection with any automatic vending machine, slot machine or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine or receptacle shall be guilty of a misdemeanor.


2. Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any automatic vending machine, slot machine or other receptacle, depository or contrivance designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, or who, knowing or having cause to believe that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such automatic vending machine, slot machine or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor.


CREDIT(S)



(Added by Stats.1925, c. 291, p. 483, § 1. Amended by Stats.1957, c. 2096, p. 3720, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640b. Coin-box telephone; use of slugs, counterfeited or foreign coins, etc.; manufacture or distribution of slugs


1. Any person who knowingly, wilfully and with intent to defraud the owner, lessee or licensee of any coin-box telephone, shall operate or cause to be operated, attempt to operate, or attempt to cause to be operated, any coin-box telephone by means of any slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by such owner, lessee or licensee, or any person who, knowingly, wilfully and with intent to defraud the owner, lessee or licensee of any coin-box telephone, shall take, obtain or receive from or in connection with any such coin-box telephone, the use or enjoyment of any telephone or telegraph facilities or service, without depositing in or surrendering to such coin-box telephone lawful coin of the United States of America to the amount required therefor by such owner, lessee or licensee, shall be guilty of a misdemeanor.


2. Any person who, with the intent to cheat or defraud the owner, lessee or licensee or other person entitled to the contents of any coin-box telephone, or who, knowing or having cause to believe that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such coin-box telephone, shall be guilty of a misdemeanor.


CREDIT(S)



(Added by Stats.1957, c. 2096, p. 3720, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640.2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640.2. Writings stamped or attached to consumer products or product containers; penalty; exceptions


(a) Any person who stamps, prints, places, or inserts any writing in or on any product or box, package, or other container containing a consumer product offered for sale is guilty of a misdemeanor.


(b) This section does not apply if the owner or manager of the premises where the product is stored or sold, or his or her designee, or the product manufacturer or authorized distributor or retailer of the product consents to the placing or inserting of the writing.


(c) As used in this section, “writing” means any form of representation or communication, including handbills, notices, or advertising, that contains letters, words, or pictorial representations.


CREDIT(S)



(Added by Stats.1996, c. 140 (A.B.2140), § 1, eff. July 12, 1996.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640.5. Graffiti; government facilities or vehicles; penalties; community service; graffiti abatement programs


(a)(1) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or the interior or exterior of the facilities or vehicles of a public transportation system as defined by Section 99211 of the Public Utilities Code, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000) and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. This subdivision does not preclude application of Section 594.


(2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(b)(1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment.


(2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(c)(1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment.


(2) In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(d)(1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person.


(2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause.


(e) Any fine levied for a violation of subdivision (a), (b), or (c) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti or other inscribed material or replacement or repair of the property defaced by the graffiti or other inscribed material. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs.


Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian.


(f) As used in this section, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.


(g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling.


CREDIT(S)



(Added by Stats.1990, c. 261 (A.B.3844), § 2. Amended by Stats.1991, c. 556 (A.B.446), § 1; Stats.1993, c. 597 (S.B.374), § 1; Stats.1993, c. 605 (A.B.1179), § 8.5; Stats.1994, c. 909 (S.B.1779), § 7; Stats.1996, c. 600 (A.B.2295), § 6; Stats.1996, c. 847 (A.B.2433), § 1.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640.6. Graffiti; penalties; community service; graffiti abatement program


(a)(1) Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of Section 594.


In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than his or her hours of school attendance or employment.


(2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(b)(1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor, punishable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment.


(2) In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 180 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(c)(1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment.


(2) In lieu of the community service that may be ordered pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for 240 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.


(d) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person.


(e) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause.


Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian.


(f) As used in this section, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.


(g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling.


CREDIT(S)



(Added by Stats.1991, c. 556 (A.B.446), § 2. Amended by Stats.1993, c. 597 (S.B.374), § 2; Stats.1993, c. 605 (A.B.1179), § 9.5; Stats.1994, c. 909 (S.B.1779), § 8; Stats.1996, c. 600 (A.B.2295), § 7; Stats.1996, c. 847 (A.B.2433), § 2.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640.7


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640.7. Violations of §§ 594, 640.5, and 640.6 on or within 100 feet of a highway or appurtenances; penalty


Any person who violates Section 594,640.5, or640.6 on or within 100 feet of a highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, excluding signs naming streets, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. A second conviction is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.


CREDIT(S)



(Added by Stats.1993, c. 605 (A.B.1179), § 10. Amended by Stats.1998, c. 852 (S.B.1229), § 3; Stats.1998, c. 853 (A.B.1386), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 640.8


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 640.8. Graffiti; freeways and appurtenances; penalties; community service


Any person who violates Section 594, 640.5, or 640.6, on a freeway, or its appurtenances, including sound walls, overpasses, overpass supports, guardrails, signs, signals, and other traffic control devices, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than his or her hours of school attendance or employment.


CREDIT(S)



(Added by Stats.1996, c. 847 (A.B.2433), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 641


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 641. Bribery of telegraph or telephone employee to disclose private message; use of information; punishment


Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph or telephone agent, operator, or employee to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any agent, operator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him or her by reason of his or her trust as agent, operator, or employee, or uses or attempts to use any information so obtained, is punishable as provided in Section 639.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1905, c. 528, p. 691, § 7; Stats.1987, c. 828, § 40.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 641.3


Effective: January 25, 2010



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 641.3. Commercial bribery; monetary value; punishment; definitions


(a) Any employee who solicits, accepts, or agrees to accept money or any thing of value from a person other than his or her employer, other than in trust for the employer, corruptly and without the knowledge or consent of the employer, in return for using or agreeing to use his or her position for the benefit of that other person, and any person who offers or gives an employee money or any thing of value under those circumstances, is guilty of commercial bribery.


(b) This section does not apply where the amount of money or monetary worth of the thing of value is two hundred fifty dollars ($250) or less.


(c) Commercial bribery is punishable by imprisonment in the county jail for not more than one year if the amount of the bribe is one thousand dollars ($1,000) or less, or by imprisonment in the county jail, or in the state prison for 16 months, or two or three years if the amount of the bribe exceeds one thousand dollars ($1,000).


(d) For purposes of this section:


(1) “Employee” means an officer, director, agent, trustee, partner, or employee.


(2) “Employer” means a corporation, association, organization, trust, partnership, or sole proprietorship.


(3) “Corruptly” means that the person specifically intends to injure or defraud (A) his or her employer, (B) the employer of the person to whom he or she offers, gives, or agrees to give the money or a thing of value, (C) the employer of the person from whom he or she requests, receives, or agrees to receive the money or a thing of value, or (D) a competitor of any such employer.


CREDIT(S)



(Added by Stats.1989, c. 308, § 1. Amended by Stats.2009-2010, 3rd Ex.Sess., c. 28 (S.B.18), § 35, eff. Jan. 25, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 641.4


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 641.4. Commercial bribery; title business; construction of section


(a) An employee of a title insurer, underwritten title company, or controlled escrow company who corruptly violates Section 12404 of the Insurance Code by paying, directly or indirectly, a commission, compensation, or other consideration to a licensee, as defined in Section 10011 of the Business and Professions Code, or a licensee who corruptly violates Section 10177.4 of the Business and Professions Code by receiving from an employee of a title insurer, underwritten title company, or controlled escrow company a commission, compensation, or other consideration, as an inducement for the placement or referral of title business, is guilty of commercial bribery.


(b) For purposes of this section, commercial bribery is punishable by imprisonment in a county jail for not more than one year, or by a fine of ten thousand dollars ($10,000) for each unlawful transaction, or by both a fine and imprisonment.


(c) For purposes of this section, “title business” has the same meaning as that used in Section 12404 of the Insurance Code.


(d) This section shall not preclude prosecution under any other law.


(e) This section shall not be construed to supersede or affect Section 641.3. A person may be charged with a violation of this section and Section 641.3. However, a defendant may not be punished under this section and Section 641.3 for the same act that constitutes a violation of both this section and Section 641.3.


CREDIT(S)



(Added by Stats.1997, c. 718 (A.B.308), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 641.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 641.5. Use of chlorinated, hydrocarbon type solvents; restrictions


(a) In any clothes cleaning establishment in which more than one gallon of a volatile, commercially moisture-free solvent of the chlorinated hydrocarbon type is used for dry cleaning, the performance of all the dry cleaning, drying, and deodorizing processes shall be completed entirely within fluid-tight machines or apparatus vented to the open air at a point not less than eight feet from any window or other opening and so used and operated as to prevent the escape of fumes, gases, or vapors into workrooms or workplaces.


(b) Except when operations are performed as provided in subdivision (a), no person shall operate a clothes cleaning establishment in which more than one gallon of a volatile, commercially moisture-free solvent of the chlorinated hydrocarbon type is used for dry cleaning except under either of the following conditions:


(1) All of the dry cleaning, drying, and deodorizing processes are performed in a single room or compartment designed and ventilated in such a manner that dangerous toxic concentrations of vapors will not accumulate in working areas.


(2) The dry cleaning processes are performed in fluid-tight machines or apparatus designed, installed, and operated in a manner that will prevent the escape of dangerous toxic concentrations of vapors to the working areas.


(c) “Volatile, commercially moisture-free solvent” means either of the following:


(1) Any commercially moisture-free liquid, volatile product or substance having the capacity to evaporate and, during evaporation, to generate and emit a gas or vapor.


(2) Any solvent commonly known to the clothes cleaning industry as a “chlorinated hydrocarbon solvent.”


(d) Any violation of this section is a misdemeanor.


CREDIT(S)



(Added by Stats.1986, c. 478, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 641.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 641.6. Onsite drycleaning; use of certain chemicals as cleaning agents prohibited


Notwithstanding any other provision of law, no person engaged in the business of dry cleaning shall use carbon tetrachloride or trichlorethylene as a cleaning agent when engaged in onsite dry cleaning. For purposes of this section, “onsite dry cleaning” means dry cleaning which is performed in a residence or any commercial or public building other than a clothes cleaning establishment or plant. A violation of this section is a misdemeanor.


CREDIT(S)



(Added by Stats.1986, c. 478, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 642


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 642. Theft of articles from dead bodies


Every person who wilfully and maliciously removes and keeps possession of and appropriates for his own use articles of value from a dead human body, the theft of which articles would be petty theft is guilty of a misdemeanor, or if the theft of the articles would be grand theft, a felony. This section shall not apply to articles removed at the request or direction of one of the persons enumerated in section 7111 of the Health and Safety Code.


CREDIT(S)



(Added by Stats.1939, c. 691, p. 2209, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 643


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 643. Disposal of fetal remains


No person knowingly shall dispose of fetal remains in a public or private dump, refuse, or disposal site or place open to public view. For the purposes of this section, “fetal remains” means the lifeless product of conception regardless of the duration of the pregnancy.


Any violation of this section is a misdemeanor.


CREDIT(S)



(Added by Stats.1971, c. 377, p. 744, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 643a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§§ 643a to 643.5. Repealed by Stats.1968, c. 461, p. 1094, §§ 4 to 6


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 643b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§§ 643a to 643.5. Repealed by Stats.1968, c. 461, p. 1094, §§ 4 to 6


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 643.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§§ 643a to 643.5. Repealed by Stats.1968, c. 461, p. 1094, §§ 4 to 6


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 644


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 644. Repealed by Stats.1976, c. 1139, p. 5136, § 261.5, operative July 1, 1977


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 645


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 645. Sex offenses; parole; medroxyprogesterone acetate treatment or equivalent; protocols


(a) Any person guilty of a first conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, may, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.


(b) Any person guilty of a second conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, shall, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law.


(c) This section shall apply to the following offenses:


(1) Subdivision (c) or (d) of Section 286.


(2) Paragraph (1) of subdivision (b) of Section 288.


(3) Subdivision (c) or (d) of Section 288a.


(4) Subdivision (a) or (j) of Section 289.


(d) The parolee shall begin medroxyprogesterone acetate treatment one week prior to his or her release from confinement in the state prison or other institution and shall continue treatments until the Department of Corrections demonstrates to the Board of Prison Terms that this treatment is no longer necessary.


(e) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this section.


(f) The Department of Corrections shall administer this section and implement the protocols required by this section. Nothing in the protocols shall require an employee of the Department of Corrections who is a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the Osteopathic Initiative Act to participate against his or her will in the administration of the provisions of this section. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this section shall acknowledge the receipt of this information.


CREDIT(S)



(Added by Stats.1996, c. 596 (A.B.3339), § 2. Amended by Stats.2001, c. 854 (S.B.205), § 34.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646. Solicitation of personal injury claims with intent to sue out of state; offense; punishment


It is unlawful for any person with the intent, or for the purpose of instituting a suit thereon outside of this state, to seek or solicit the business of collecting any claim for damages for personal injury sustained within this state, or for death resulting therefrom, with the intention of instituting suit thereon outside of this state, in cases where such right of action rests in a resident of this state, or his legal representative, and is against a person, copartnership, or corporation subject to personal service within this state.


Any person violating any of the provisions of this section is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail not less than 30 days nor more than six months, or by both fine and imprisonment at the discretion of the court but within said limits.


CREDIT(S)



(Added by Stats.1953, c. 32, p. 640, § 15. Amended by Stats.1983, c. 1092, § 314, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.5. Solicitation of employment from injured person or on his behalf to investigate accident resulting in injury or death; misdemeanor


No person shall knowingly and directly solicit employment from any injured person or from any other person to obtain authorization on behalf of the injured person, as an investigator to investigate the accident or act which resulted in injury or death to such person or damage to the property of such person. Nothing in this section shall prohibit the soliciting of employment as an investigator from such injured person's attorney.


Any person violating any provision of this section is guilty of a misdemeanor.


This section shall not apply to any business agent or attorney employed by a labor organization.


CREDIT(S)



(Added by Stats.1971, c. 694, p. 1352, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.6. Solicitation of injured person or on his behalf for sale or use of photographs relating to accident resulting in injury or death; misdemeanor


No person shall knowingly and directly solicit any injured person, or anyone acting on behalf of any injured person, for the sale or use of photographs relating to the accident which resulted in the injury or death of such injured person.


Any person violating any provision of this section is guilty of a misdemeanor. Nothing in this section shall prohibit a person, other than a public employee acting within the scope of his or her employment, from soliciting the injured person's attorney for the sale or use of such photographs.


CREDIT(S)



(Added by Stats.1971, c. 694, p. 1352, § 3. Amended by Stats.1976, c. 495, p. 1237, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.9


Effective: January 1, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.9. Stalking


(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.


(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.


(c)(1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.


(2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.


(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.


(e) For the purposes of this section, “harasses” means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.


(f) For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”


(g) For the purposes of this section, “credible threat” means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.”


(h) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.


(i) This section shall not apply to conduct that occurs during labor picketing.


(j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.


(k)(1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.


(2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.


(l) For purposes of this section, “immediate family” means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.


(m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.


CREDIT(S)



(Added by Stats.1990, c. 1527 (S.B.2184), § 1. Amended by Stats.1992, c. 627 (S.B.1342), § 1; Stats.1993, c. 581 (A.B.1178), § 1; Stats.1993-94, 1st Ex.Sess., c.12 (A.B.95), § 1; Stats.1994, c. 931, § 1.5; Stats.1995, c. 438 (A.B.985), § 2; Stats.1998, c. 825 (S.B.1796), § 4; Stats.1998, c. 826 (A.B.2351), § 1; Stats.2000, c. 669 (A.B.2425), § 1; Stats.2002, c. 832 (S.B.1320), § 1; Stats.2007, c. 579 (S.B.172), § 39, eff. Oct. 13, 2007; Stats.2007, c. 582 (A.B.289), § 2.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.91


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.91. Stalking; emergency protective orders; issuance; expiration; service; filing; enforcement; liability; scope of section; punishment


(a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order where a peace officer, as defined in Section 830.1, 830.2, or 830.32, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person's allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family, within the meaning of Section 646.9.


(b) A peace officer who requests an emergency protective order shall reduce the order to writing and sign it.


(c) An emergency protective order shall include all of the following:


(1) A statement of the grounds asserted for the order.


(2) The date and time the order expires.


(3) The address of the superior court for the district or county in which the protected party resides.


(4) The following statements, which shall be printed in English and Spanish:


(A) “To the protected person: This order will last until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.”


(B) “To the restrained person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application. You may not own, possess, purchase or receive, or attempt to purchase or receive a firearm while this order is in effect.”


(d) An emergency protective order may be issued under this section only if the judicial officer finds both of the following:


(1) That reasonable grounds have been asserted to believe that an immediate and present danger of stalking, as defined in Section 646.9, exists.


(2) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of the stalking activity.


(e) An emergency protective order may include either of the following specific orders as appropriate:


(1) A harassment protective order as described in Section 527.6 of the Code of Civil Procedure.


(2) A workplace violence protective order as described in Section 527.8 of the Code of Civil Procedure.


(f) An emergency protective order shall be issued without prejudice to any person.


(g) An emergency protective order expires at the earlier of the following times:


(1) The close of judicial business on the fifth court day following the day of its issuance.


(2) The seventh calendar day following the day of its issuance.


(h) A peace officer who requests an emergency protective order shall do all of the following:


(1) Serve the order on the restrained person, if the restrained person can reasonably be located.


(2) Give a copy of the order to the protected person, or, if the protected person is a minor child, to a parent or guardian of the protected child if the parent or guardian can reasonably be located, or to a person having temporary custody of the child.


(3) File a copy of the order with the court as soon as practicable after issuance.


(i) A peace officer shall use every reasonable means to enforce an emergency protective order.


(j) A peace officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.


(k) A peace officer who requests an emergency protective order under this section shall carry copies of the order while on duty.


(l) A peace officer described in subdivision (a) or (b) of Section 830.32 who requests an emergency protective order pursuant to this section shall also notify the sheriff or police chief of the city in whose jurisdiction the peace officer's college or school is located after issuance of the order.


(m) “Judicial officer,” as used in this section, means a judge, commissioner, or referee.


(n) A person subject to an emergency protective order under this section shall not own, possess, purchase, or receive a firearm while the order is in effect.


(o) Nothing in this section shall be construed to permit a court to issue an emergency protective order prohibiting speech or other activities that are constitutionally protected or protected by the laws of this state or by the United States or activities occurring during a labor dispute, as defined by Section 527.3 of the Code of Civil Procedure, including, but not limited to, picketing and hand billing.


(p) The Judicial Council shall develop forms, instructions, and rules for the scheduling of hearings and other procedures established pursuant to this section.


(q) Any intentional disobedience of any emergency protective order granted under this section is punishable pursuant to Section 166. Nothing in this subdivision shall be construed to prevent punishment under Section 646.9, in lieu of punishment under this section, if a violation of Section 646.9 is also pled and proven.


CREDIT(S)



(Added by Stats.1997, c. 169 (A.B.350), § 2. Amended by Stats.1999, c. 659 (S.B.355), § 2; Stats.2003, c. 495 (A.B.1290), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.91a


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.91a. Addresses or locations of persons protected under court order; prohibition upon certain enjoined parties from acting to obtain such information


(a) The court shall order that any party enjoined pursuant to Section 646.91 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order.


(b) The Judicial Council shall promulgate forms necessary to effectuate this section.


CREDIT(S)



(Formerly § 646.91A, added by Stats.2005, c. 472 (A.B.978), § 5. Renumbered § 646.91a and amended by Stats.2006, c. 901 (S.B.1422), § 6.1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.92


Effective: September 29, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.92. Notification to victim or witness of release of person convicted of stalking or domestic violence


(a)(1) The Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections shall give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of violating Section 646.9 or convicted of a felony offense involving domestic violence, as defined in Section 6211 of the Family Code, or any change in the parole status or relevant change in the parole location of the convicted person, or if the convicted person absconds from supervision while on parole, to any person the court identifies as a victim of the offense, a family member of the victim, or a witness to the offense by telephone, electronic mail, or certified mail at his or her last known address, upon request and using the method of communication selected by the requesting party, if that method is available. A victim, family member, or witness shall keep the department or county sheriff informed of his or her current contact information to be entitled to receive notice. A victim may designate another person for the purpose of receiving notification. The department, county sheriff, or director of the local department of corrections, shall make reasonable attempts to locate a person who has requested notification but whose contact information is incorrect or not current. However, the duty to keep the department or county sheriff informed of current contact information shall remain with the victim.


(2) Following notification by the department pursuant to Section 3058.61, in the event the victim had not originally requested notification under this section, the sheriff or the chief of police, as appropriate, shall make an attempt to advise the victim or, if the victim is a minor, the parent or guardian of the victim, of the victim's right to notification under this section.


(b) All information relating to any person who receives notice under this section shall remain confidential and shall not be made available to the person convicted of violating this section.


(c) For purposes of this section, “release” includes a release from the state prison or a county jail because time has been served, a release from the state prison or a county jail to parole or probation supervision, or an escape from an institution or reentry facility.


(d) The department or county sheriff shall give notice of an escape from an institution or reentry facility of any person convicted of violating Section 646.9 or convicted of a felony offense involving domestic violence, as defined in Section 6211 of the Family Code, to the notice recipients described in subdivision (a).


(e) Substantial compliance satisfies the notification requirements of subdivision (a).


CREDIT(S)



(Added by Stats.1995, c. 438 (A.B.985), § 3. Amended by Stats.2000, c. 561 (S.B.580), § 1; Stats.2011, c. 364 (S.B.852), § 1, eff. Sept. 29, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.93


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.93. Telephone number available to public and victims for bail status inquiries; notification of victim of bail hearing; additional conditions of release


(a)(1) In those counties where the arrestee is initially incarcerated in a jail operated by the county sheriff, the sheriff shall designate a telephone number that shall be available to the public to inquire about bail status or to determine if the person arrested has been released and if not yet released, the scheduled release date, if known. This subdivision does not require a county sheriff or jail administrator to establish a new telephone number but shall require that the information contained on the victim resource card, as defined in Section 264.2, specify the phone number that a victim should call to obtain this information. This subdivision shall not require the county sheriff or municipal police departments to produce new victim resource cards containing a designated phone number for the public to inquire about the bail or custody status of a person who has been arrested until their existing supply of victim resource cards has been exhausted.


(2) In those counties where the arrestee is initially incarcerated in an incarceration facility other than a jail operated by the county sheriff and in those counties that do not operate a Victim Notification (VNE) system, a telephone number shall be available to the public to inquire about bail status or to determine if the person arrested has been released and if not yet released, the scheduled release date, if known. This subdivision does not require a municipal police agency or jail administrator to establish a new telephone number but shall require that the information contained on the victim resource card, as defined in Section 264.2, specify the phone number that a victim should call to obtain this information. This subdivision shall not require the county sheriff or municipal police departments to produce new victim resource cards containing a designated phone number for the public to inquire about the bail or custody status of a person who has been arrested until their existing supply of victim resource cards has been exhausted.


(3) If an arrestee is transferred to another incarceration facility and is no longer in the custody of the initial arresting agency, the transfer date and new incarceration location shall be made available through the telephone number designated by the arresting agency.


(4) The resource card provided to victims pursuant to Section 264.2 shall list the designated telephone numbers to which this section refers.


(b) Any request to lower bail shall be heard in open court in accordance with Section 1270.1. In addition, the prosecutor shall make all reasonable efforts to notify the victim or victims of the bail hearing. The victims may be present at the hearing and shall be permitted to address the court on the issue of bail.


(c) Unless good cause is shown not to impose the following conditions, the judge shall impose as additional conditions of release on bail that:


(1) The defendant shall not initiate contact in person, by telephone, or any other means with the alleged victims.


(2) The defendant shall not knowingly go within 100 yards of the alleged victims, their residence, or place of employment.


(3) The defendant shall not possess any firearms or other deadly or dangerous weapons.


(4) The defendant shall obey all laws.


(5) The defendant, upon request at the time of his or her appearance in court, shall provide the court with an address where he or she is residing or will reside, a business address and telephone number if employed, and a residence telephone number if the defendant's residence has a telephone.


A showing by declaration that any of these conditions are violated shall, unless good cause is shown, result in the issuance of a no-bail warrant.


CREDIT(S)



(Added by Stats.1999, c. 703 (A.B.1284), § 3. Amended by Stats.2000, c. 669 (A.B.2425), § 2; Stats.2001, c. 854 (S.B.205), § 35.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 646.94


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 646.94. Parolee convicted of stalking; specialized parole supervision program; specialized services


(a) Contingent upon a Budget Act appropriation, the Department of Corrections shall ensure that any parolee convicted of violating Section 646.9 on or after January 1, 2002, who is deemed to pose a high risk of committing a repeat stalking offense be placed on an intensive and specialized parole supervision program for a period not to exceed the period of parole.


(b)(1) The program shall include referral to specialized services, for example substance abuse treatment, for offenders needing those specialized services.


(2) Parolees participating in this program shall be required to participate in relapse prevention classes as a condition of parole.


(3) Parole agents may conduct group counseling sessions as part of the program.


(4) The department may include other appropriate offenders in the treatment program if doing so facilitates the effectiveness of the treatment program.


(c) The program shall be established with the assistance and supervision of the staff of the department primarily by obtaining the services of mental health providers specializing in the treatment of stalking patients. Each parolee placed into this program shall be required to participate in clinical counseling programs aimed at reducing the likelihood that the parolee will commit or attempt to commit acts of violence or stalk their victim.


(d) The department may require persons subject to this section to pay some or all of the costs associated with this treatment, subject to the person's ability to pay. “Ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing mental health treatment, and shall include, but shall not be limited to, consideration of all of the following factors:


(1) Present financial position.


(2) Reasonably discernible future financial position.


(3) Likelihood that the person shall be able to obtain employment after the date of parole.


(4) Any other factor or factors that may bear upon the person's financial capability to reimburse the department for the costs.


(e) For purposes of this section, a mental health provider specializing in the treatment of stalking patients shall meet all of the following requirements:


(1) Be a licensed clinical social worker, as defined in Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, a clinical psychologist, as defined in Section 1316.5 of the Health and Safety Code, or a physician and surgeon engaged in the practice of psychiatry.


(2) Have clinical experience in the area of assessment and treatment of stalking patients.


(3) Have two letters of reference from professionals who can attest to the applicant's experience in counseling stalking patients.


(f) The program shall target parolees convicted of violating Section 646.9 who meet the following conditions:


(1) The offender has been subject to a clinical assessment.


(2) A review of the offender's criminal history indicates that the offender poses a high risk of committing further acts of stalking or acts of violence against his or her victim or other persons upon his or her release on parole.


(3) The parolee, based on his or her clinical assessment, may be amenable to treatment.


(g) On or before January 1, 2006, the Department of Corrections shall evaluate the intensive and specialized parole supervision program and make a report to the Legislature regarding the results of the program, including, but not limited to, the recidivism rate for repeat stalking related offenses committed by persons placed into the program and a cost-benefit analysis of the program.


(h) This section shall become operative upon the appropriation of sufficient funds in the Budget Act to implement this section.


CREDIT(S)



(Added by Stats.2000, c. 669 (A.B.2425), § 3. Amended by Stats.2001, c. 159 (S.B.662), § 163.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647. Disorderly conduct


Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:


(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.


(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.


(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.


(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.


(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.


(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.


(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force which would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. No person who has been placed in civil protective custody shall thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons:


(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.


(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f).


(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.


(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.


(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.


(j)(1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.


(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.


(3)(A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person.


(B) Neither of the following is a defense to the crime specified in this paragraph:


(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these.


(ii) The victim was not in a state of full or partial undress.


(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.


In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.


In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the court may also allow the person to drive in that person's scope of employment.


(l)(1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.


(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1961, c. 560, p. 1672, § 2. Amended by Stats.1965, c. 1959, p. 4487, § 1; Stats.1967, c. 1317, p. 3140, § 1; Stats.1969, c. 204, p. 488, § 1; Stats.1969, c. 1319, p. 2657, §§ 1, 2; Stats.1970, c. 26, p. 43, § 1, eff. March 23, 1970; Stats.1971, c. 1581, p. 3187, § 1; Stats.1977, c. 426, p. 1441, § 1; Stats.1984, c. 1633, § 1; Stats.1984, c. 1635, § 80; Stats.1986, c. 264, § 1; Stats.1986, c. 1276, § 1; Stats.1987, c. 828, § 41; Stats.1988, c. 524, § 1; Stats.1993-94, 1st Ex.Sess., c. 21 (A.B.116), § 1; Stats.1995, c. 91 (S.B.975), § 126; Stats.1996, c. 1019 (A.B.2949), § 2; Stats.1996, c. 1020 (A.B.2051), § 2; Stats.1998, c. 758 (A.B.1788), § 1; Stats.1999, c. 231 (A.B.182), § 1; Stats.2004, c. 666 (S.B.1484), § 1; Stats.2007, c. 302 (S.B.425), § 11; Stats.2011, c. 658 (A.B.665), § 1.)


VALIDITY



A prior version of subdivision (e) of this section, relating to identification of loiterers, was held unconstitutional in the case of Kolender v. Lawson, U.S.Cal.1983, 103 S.Ct. 1855, 461 U.S. 352, 75 L.Ed.2d 903.



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647a. Transportation of person to nearest homeless shelter by peace officer; inquiry; liability


(a) Any peace officer, as defined in subdivision (a) of Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any person, as quickly as is feasible, to the nearest homeless shelter, or any runaway youth or youth in crisis to the nearest runaway shelter, if the officer inquires whether the person desires the transportation, and the person does not object to the transportation. Any officer exercising due care and precaution shall not be liable for any damages or injury incurred during transportation.


(b) Notwithstanding any other provision of law, this section shall become operative in a county only if the board of supervisors adopts the provisions of this section by ordinance. The ordinance shall include a provision requiring peace officers to determine the availability of space at the nearest homeless or runaway shelter prior to transporting any person.


CREDIT(S)



(Added by Stats.1994, c. 1102 (S.B.2083), § 1. Amended by Stats.1998, c. 1065 (A.B.2495), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647b. Loitering about adult schools; molesting of pupils


Every person who loiters about any school in which adults are in attendance at courses established pursuant to Chapter 10 (commencing with Section 52500) of Part 28 of the Education Code, and who annoys or molests any person in attendance therein shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.


CREDIT(S)



(Added by Stats.1965, c. 1706, p. 3840, § 2. Amended by Stats.1983, c. 1092, § 316, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1987, c. 828, § 42.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647c. Obstruction of street, sidewalk or other place open to public


Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor.


Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public.


CREDIT(S)



(Added by Stats.1967, c. 931, p. 2412, § 1. Amended by Stats.1968, c. 122, p. 335, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647d


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647d. County alcohol treatment and recovery program; ordinance; convictions of violations of § 647(f); imprisonment or commitment to program


(a) Notwithstanding any other provision of law, subdivision (b) shall become operative in a county only if the board of supervisors adopts the provisions of subdivision (b) by ordinance after a finding that sufficient alcohol treatment and recovery facilities exist or will exist to accommodate the persons described in that subdivision.


(b) In any accusatory pleading charging a violation of subdivision (f) of Section 647, if the defendant has been previously convicted two or more times of a violation of subdivision (f) of Section 647 within the previous 12 months, each such previous conviction shall be charged in the accusatory pleading. If two or more of the previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in the county jail for a period of not less than 90 days. The trial court may grant probation or suspend the execution of sentence imposed upon the defendant if the court, as a condition of the probation or suspension, orders the defendant to spend 60 days in an alcohol treatment and recovery program in a facility which, as a minimum, meets the standards described in the guidelines for alcoholic recovery home programs issued by the Division of Alcohol Programs of the Department of Alcohol and Drug Abuse.


(c) The provisions of Section 4019 shall apply to the conditional attendance of an alcohol treatment and recovery program described in subdivision (b).


CREDIT(S)



(Added by Stats.1981, c. 1009, p. 3906, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647e


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647e. Alcoholic beverages; possession of opened container on premises of or on sidewalk adjacent to premises of retail package licensee; regulation by local ordinance


(a) A city, county, or city and county may by local ordinance provide that no person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of such an ordinance shall be guilty of an infraction.


(b) As used in subdivision (a), “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subdivision (a) are applicable. Any local ordinance adopted pursuant to this section shall require posting of the premises.


(c) The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises.


Nothing in this section shall affect the power of a county or a city, or city and county, to regulate the possession of an opened alcoholic beverage in any public place or in a place open to the public.


CREDIT(S)



(Added by Stats.1983, c. 514, § 1, eff. July 28, 1983.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647f


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647f. Prostitution; accusatory pleading; previous sex offense conviction; blood test AIDS positive; felony


In any accusatory pleading charging a violation of subdivision (b) of Section 647, if the defendant has been previously convicted one or more times of a violation of that subdivision or of any other offense listed in subdivision (d) of Section 1202.1, and in connection with one or more of those convictions a blood test was administered pursuant to Section 1202.1or 1202.6 with positive test results, of which the defendant was informed, the previous conviction and positive blood test results, of which the defendant was informed, shall be charged in the accusatory pleading. If the previous conviction and informed test results are found to be true by the trier of fact or are admitted by the defendant, the defendant is guilty of a felony.


CREDIT(S)



(Added by Stats.1988, c. 1597, § 1. Amended by Stats.1989, c. 765, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647.1. Solicitation to engage in lewd conduct or prostitution; penalty


In addition to any fine assessed under Section 647, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a) or (b) of Section 647, or, if the offense involves intravenous use of a controlled substance, subdivision (f) of Section 647, with the proceeds of this fine to be used in accordance with Section 1463.23.


The court shall, however, take into consideration the defendant's ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section.


CREDIT(S)



(Added by Stats.1988, c. 1243, § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647.2


Effective: July 1, 1999



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647.2. Disorderly conduct; participation in youthful drunk driver visitation program as condition of probation


If a person is convicted of a violation of subdivision (f) of Section 647 and is granted probation, the court may order, with the consent of the defendant, as a term and condition of probation, in addition to any other term and condition required or authorized by law, that the defendant participate in the program prescribed in Section 23509 of the Vehicle Code.


CREDIT(S)



(Added by Stats.1992, c. 432 (A.B.2361), § 2. Amended by Stats.1998, c. 118 (S.B.1186), § 1.21, operative July 1, 1999.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647.6


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647.6. Annoying or molesting child under 18; punishment


(a)(1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.


(2) Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age, would be a violation of this section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by both that fine and imprisonment.


(b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000).


(c)(1) Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison.


(2) Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or 289, any of which involved a minor under 16 years of age, or a previous felony conviction under this section, a conviction under Section 288, or a felony conviction under Section 311.4 involving a minor under 14 years of age shall be punished by imprisonment in the state prison for two, four, or six years.


(d)(1) In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective.


(2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, “contact with the victim” includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts.


(e) Nothing in this section prohibits prosecution under any other provision of law.


CREDIT(S)



(Formerly § 647a, added by Stats.1929, c. 376, p. 697, § 1. Amended by Stats.1947, c. 730, p. 1783, § 1; Stats.1949, 1st Ex.Sess., c. 14, p. 28, § 1, eff. Jan. 6, 1950; Stats.1950, 1st Ex.Sess., c. 34, p. 476, § 1; Stats.1951, c. 1200, p. 3048, § 1; Stats.1952, 1st Ex.Sess., c. 23, § 5; Stats.1955, c. 169, p. 639, § 3; Stats.1957, c. 1735, p. 3120, § 1; Stats.1967, c. 154, p. 1241, § 1; Stats.1976, c. 1139, p. 5136, § 262, operative July 1, 1977; Stats.1982, c. 1113, p. 4032, § 3; Stats.1983, c. 1092, § 315, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1986, c. 264, § 2; Stats.1987, c. 423, § 1; Stats.1987, c. 1394, § 1. Renumbered § 647.6 and amended by Stats.1987, c. 1418, § 4.3. Amended by Stats.1995, c. 48 (A.B.1491), § 1; Stats.2000, c. 657 (S.B.1784), § 1; Stats.2006, c. 337 (S.B.1128), § 26, eff. Sept. 20, 2006; Stats.2011, c. 15 (A.B.109), § 431, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2012, c. 43 (S.B.1023), § 20, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 647.7


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 647.7. Disorderly conduct convictions; probation conditions; counseling; subsequent violations; punishment


(a) In any case in which a person is convicted of violating subdivision (i) or (j) of Section 647, the court may require counseling as a condition of probation. Any defendant so ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.


(b) Every person who, having been convicted of violating subdivision (i) or (j) of Section 647, commits a second or subsequent violation of subdivision (i) or (j) of Section 647, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in subdivision (c).


(c) Every person who, having been previously convicted of violating subdivision (i) or (j) of Section 647, commits a violation of paragraph (3) of subdivision (j) of Section 647 regardless of whether it is a first, second, or subsequent violation of that paragraph, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1997, c. 237 (A.B.950), § 1. Amended by Stats.2004, c. 666 (S.B.1484), § 2; Stats.2011, c. 296 (A.B.1023), § 209.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 648


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 648. Making, issuing or circulating unauthorized money


Every person who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States, for the first offense, is guilty of a misdemeanor, and for each and every subsequent offense, is guilty of felony.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 648a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 648a. Slugs or tokens, illegal use, sale, issuance, or circulation; conformance to size, shape, weight, construction requirements


(a) Every person who has in his or her possession for any illegal purpose or who makes, sells, issues, or puts in circulation any slug or token that does not conform to the limitations on size, shape, weight, construction, and use specified in subdivision (b) is guilty of a misdemeanor. The term “slug” and the term “token,” as used in this section, mean any piece of metal or other material not a coin of the United States or a foreign country. However, tokens sold by and accepted as fares by electric railways and lettered checks having a returnable trade value shall not be subject to the provisions of this section.


(b)(1) The slug or token shall either be clearly identified with the name and location of the establishment from which it originates on at least one side or shall contain an identifying mark or logo that clearly indicates the identity of the manufacturer.


(2) The slug or token shall not be within any of the following diameter ranges in inches:


(A) 0.680-0.775.


(B) 0.810-0.860.


(C) 0.910-0.980.


(D) 1.018-1.068.


(E) 1.180-1.230.


(F) 1.475-1.525.


(3) The slug or token shall not be manufactured from a three-layered material consisting of a copper-nickel alloy clad on both sides of a pure core, nor from a copper-based material except if the total of zinc, nickel, aluminum, magnesium, and other alloying materials is at least 20 percent of the token's weight.


(4) The slug or token shall not possess sufficient magnetic properties so as to be accepted by a coin mechanism.


(5) The design on the slug or token shall not resemble any current or past foreign or United States coinage.


(6) Establishments using these slugs or tokens shall prominently and conspicuously post signs on their premises notifying patrons that federal law prohibits the use of the slugs or tokens outside the premises for any monetary purpose.


(7) The issuing establishment shall not accept slugs or tokens as payment for any goods or services offered by the establishment with the exception of the specific use for which the slugs or tokens were designed.


CREDIT(S)



(Added by Stats.1931, c. 1200, p. 2513, § 1. Amended by Stats.1997, c. 354 (S.B.631), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 649


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 649. Misdirection of prospective hotel guests by taxicab operators, etc.


Any person engaged in the transportation of persons by taxicab or other means of conveyance who knowingly misdirects a prospective guest of any hotel, inn, boardinghouse or lodginghouse or knowingly takes such a prospective guest to a hotel, inn, boardinghouse or lodginghouse different from that of his instructions from such prospective guest is guilty of a misdemeanor.


CREDIT(S)



(Added by Stats.1953, c. 32, p. 641, § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 649a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 649a. Inducing misdirection of prospective guests


Any person engaged in the operation of any hotel, inn, boardinghouse or lodginghouse who pays another any compensation for inducing or attempting to induce, by false statement or misrepresentation, prospective guests of a given hotel, inn, boardinghouse or lodginghouse to enter, lodge at or become a guest of any other hotel, inn, boardinghouse or lodginghouse is guilty of a misdemeanor.


CREDIT(S)



(Added by Stats.1953, c. 32, p. 641, § 17.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 650


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 650. Repealed by Stats.1991, c. 186 (A.B.436), § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 650a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 650a. Repealed by Stats.1984, c. 438, § 9


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 650 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 650   1/2 . Renumbered Penal Code § 650.5 and amended by Stats.1987, c. 828, § 43


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 650.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 650.5. Repealed by Stats.1991, c. 186 (A.B.436), § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 651


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 651. Federal order stamps; unauthorized use; exception; definition


It is a misdemeanor for any person to buy, receive, sell, give away, dispose of, exchange or barter any Federal order stamps except for the foods or cotton goods for which they are issued.


This section does not apply to any person buying, receiving, selling, giving away, disposing of, exchanging or bartering any Federal order stamps subsequent to the redemption of such stamps in the manner provided by State or Federal law for the foods or cotton goods for which they are issued.


As used in this section, Federal order stamps refers to stamps issued by the United States Department of Agriculture or its duly authorized agent for food and surplus food or cotton and surplus cotton.


CREDIT(S)



(Added by Stats.1941, c. 682, p. 2151, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 652


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 652. Body piercing of minor


(a) It shall be an infraction for any person to perform or offer to perform body piercing upon a person under the age of 18 years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or guardian.


(b) This section does not apply to the body piercing of an emancipated minor.


(c) As used in this section, “body piercing” means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear.


(d) Neither the minor upon whom the body piercing was performed, nor the parent or guardian of that minor, nor any other minor is liable for punishment under this section.


CREDIT(S)



(Added by Stats.2005, c. 307 (A.B.646), § 2. Amended by Stats.2006, c. 538 (S.B.1852), § 502.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653. Tattooing person under age 18


Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor.


As used in this section, to “tattoo” means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.


This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice.


CREDIT(S)



(Added by Stats.1955, c. 1422, p. 2590, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653b


Effective: January 1, 2010



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653b. Loitering about schools or public places; punishment; registered sex offenders; persons registered for criminal street gang related offenses


(a) Except as provided in subdivision (b) or (c), every person who loiters about any school or public place at or near which children attend or normally congregate and who remains at any school or public place at or near which children attend or normally congregate, or who reenters or comes upon a school or place within 72 hours, after being asked to leave by the chief administrative official of that school or, in the absence of the chief administrative official, the person acting as the chief administrative official, or by a member of the security patrol of the school district who has been given authorization, in writing, by the chief administrative official of that school to act as his or her agent in performing this duty, or a city police officer, or sheriff or deputy sheriff, or Department of the California Highway Patrol peace officer is a vagrant, and is punishable by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail for a period not exceeding six months, or by both that fine and imprisonment.


(b) Every person required to register as a sex offender who violates subdivision (a) shall be punished as follows:


(1) Upon a first conviction, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment.


(2) If the defendant has been previously convicted once of a violation of this section or former Section 653g, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 10 days.


(3) If the defendant has been previously convicted two or more times of a violation of this section or former Section 653g, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 90 days.


(c) Any person required to register with the chief of police or sheriff pursuant to Section 186.30 who violates subdivision (a) shall be punished as follows:


(1) Upon first conviction, by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.


(2) Upon a second conviction, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. The court shall consider a period of imprisonment of at least 10 days.


(3) If the defendant has been previously convicted two or more times, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. The court shall consider a period of imprisonment of at least 90 days.


(d) As used in this section, “loiter” means to delay, to linger, or to idle about a school or public place without lawful business for being present.


(e) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.


CREDIT(S)



(Formerly § 653g, added by Stats.1967, c. 154, p. 1241, § 2. Amended by Stats.1970, c. 977, p. 1747, § 1; Stats.1979, c. 548, p. 1752, § 2; Stats.1983, c. 1092, § 318, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1992, c. 887 (A.B.3816), § 10; Gov.Reorg.Plan No. 1 of 1995, § 47, eff. July 12, 1995; Stats.1996, c. 305 (A.B.3103), § 48. Renumbered § 653b and amended by Stats.2006, c. 337 (S.B.1128), § 27, eff. Sept. 20, 2006. Amended by Stats.2009, c. 592 (S.B.492), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653c


Effective: September 20, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653c. Sexual abuser of elder or dependent adult; entry onto grounds of day care or residential facility where elder or dependent adults are present; registration; authority of facility administrator; punishment for violation


(a) No person required to register as a sex offender pursuant to Section 290 for an offense committed against an elder or dependent adult, as defined in Section 368, other than a resident of the facility, shall enter or remain on the grounds of a day care or residential facility where elders or dependent adults are regularly present or living, without having registered with the facility administrator or his or her designees, except to proceed expeditiously to the office of the facility administrator or designee for the purpose of registering.


(b) In order to register pursuant to subdivision (a), a sex offender shall advise the facility administrator or designee that he or she is a sex offender; provide his or her name, address, and purpose for entering the facility; and provide proof of identity.


(c) The facility administrator may refuse to register, impose restrictions on registration, or revoke the registration of a sex offender if he or she has a reasonable basis for concluding that the offender's presence or acts would disrupt, or have disrupted, the facility, any resident, employee, volunteer, or visitor; would result, or has resulted, in damage to property; the offender's presence at the facility would interfere, or has interfered, with the peaceful conduct of the activities of the facility; or would otherwise place at risk the facility, or any employee, volunteer or visitor.


(d) Punishment for any violation of this section shall be as follows:


(1) Upon a first conviction by a fine of not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment.


(2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 10 days.


(3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 90 days.


(e) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.


CREDIT(S)



(Added by Stats.2006, c. 337 (S.B.1128), § 28, eff. Sept. 20, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653c-1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653c-1. Repealed by Stats.1937, c. 90, p. 328, § 8100


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653d


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653d. Sale of mining machinery; failure to give buyer bill of sale or to keep record


Every person who sells machinery used or to be used for mining purposes who fails to give to the buyer, at the time of sale, a bill of sale for the machinery, or who fails to keep a written record of the sale, giving the date thereof, describing the machinery, and showing the name and address of the buyer, and every buyer of such machinery, if in this State, who fails to keep a record of his purchase of such machinery, giving the name and address of the seller, describing the machinery, and showing the date of the purchase, is guilty of a misdemeanor.


CREDIT(S)



(Added by Stats.1959, c. 222, p. 2130, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653e


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653e. Repealed by Stats.1937, c. 90, p. 328, § 8100


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653f


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653f. Soliciting commission of certain offenses; punishment; degree of proof


(a) Every person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of a bribe, or to commit or join in the commission of carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or instrument or by means of force likely to produce great bodily injury, or, by the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from attending upon, or testifying at, any trial, proceeding, or inquiry authorized by law, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or the amount which could have been assessed for commission of the offense itself, whichever is greater, or by both the fine and imprisonment.


(b) Every person who, with the intent that the crime be committed, solicits another to commit or join in the commission of murder shall be punished by imprisonment in the state prison for three, six, or nine years.


(c) Every person who, with the intent that the crime be committed, solicits another to commit rape by force or violence, sodomy by force or violence, oral copulation by force or violence, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for two, three, or four years.


(d)(1) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of the Health and Safety Code shall be punished by imprisonment in a county jail not exceeding six months. Every person, who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.


(2) This subdivision does not apply where the term of imprisonment imposed under other provisions of law would result in a longer term of imprisonment.


(e) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 14014 of the Welfare and Institutions Code shall be punished by imprisonment in a county jail for not exceeding six months. Every person who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.


(f) An offense charged in violation of subdivision (a), (b), or (c) shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances. An offense charged in violation of subdivision (d) or (e) shall be proven by the testimony of one witness and corroborating circumstances.


CREDIT(S)



(Added by Stats.1929, c. 303, p. 612, § 1. Amended by Stats.1970, c. 682, p. 1311, § 1; Stats.1976, c. 1139, p. 5136, § 263, operative July 1, 1977; Stats.1977, c. 163, p. 632, § 2; Stats.1978, c. 579, p. 1986, § 26; Stats.1979, c. 944, p. 3257, § 9; Stats.1982, c. 1096, p. 3994, § 1; Stats.1983, c. 1092, § 317, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1987, c. 1021, § 1; Stats.1987, c. 1367, § 2, eff. Sept. 29, 1987; Stats.1989, c. 897, § 25; Stats.1993, c. 610 (A.B.6), § 8, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 8, eff. Oct. 1, 1993; Stats.1993, c. 821 (S.B.1131), § 1.5; Stats.2011, c. 15 (A.B.109), § 432, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2012, c. 43 (S.B.1023), § 21, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653g


Effective: September 20, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653g. Renumbered § 653b and amended by Stats.2006, c. 337 (S.B.1128), § 27, eff. Sept. 20, 2006


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653h


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653h. Misappropriation of recorded music for commercial advantage or private financial gain; penalties


(a) Every person is guilty of a public offense punishable as provided in subdivisions (b) and (c), who:


(1) Knowingly and willfully transfers or causes to be transferred any sounds that have been recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for commercial advantage or private financial gain through public performance, the article on which the sounds are so transferred, without the consent of the owner.


(2) Transports for monetary or like consideration within this state or causes to be transported within this state any such article with the knowledge that the sounds thereon have been so transferred without the consent of the owner.


(b) Any person who has been convicted of a violation of subdivision (a), shall be punished by imprisonment in the county jail not to exceed one year, by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment, if the offense involves the transfer or transportation, or conduct causing that transfer or transportation, of not less than 1,000 of the articles described in subdivision (a).


(c) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (b), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment.


(d) Every person who offers for sale or resale, or sells or resells, or causes the sale or resale, or rents, or possesses for these purposes, any article described in subdivision (a) with knowledge that the sounds thereon have been so transferred without the consent of the owner is guilty of a public offense.


(1) A violation of subdivision (d) involving not less than 100 of those articles shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A second or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50, 000), or by both that fine and imprisonment.


(2) A person who has been convicted of any violation of this subdivision not described in paragraph (1) shall be punished by imprisonment in the county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A second conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A third or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.


(e) As used in this section, “person” means any individual, partnership, partnership's member or employee, corporation, limited liability company, association or corporation or association employee, officer or director; “owner” means the person who owns the original master recording embodied in the master phonograph record, master disc, master tape, master film or other article used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is or can be recorded, and from which the transferred recorded sounds are directly or indirectly derived; and “master recording” means the original fixation of sounds upon a recording from which copies can be made.


(f) This section shall neither enlarge nor diminish the right of parties in private litigation.


(g) This section does not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission or related uses, or for archival purposes.


(h) This section does not apply to any not-for-profit educational institution or any federal or state governmental entity, if the institution or entity has as a primary purpose the advancement of the public's knowledge and the dissemination of information regarding America's musical cultural heritage, provided that this purpose is clearly set forth in the institution's or entity's charter, bylaws, certificate of incorporation, or similar document, and the institution or entity has, prior to the transfer, made a good faith effort to identify and locate the owner or owners of the sound recordings to be transferred and, provided that the owner or owners could not be and have not been located. Nothing in this section shall be construed to relieve an institution or entity of its contractual or other obligation to compensate the owners of sound recordings to be transferred. In order to continue the exemption permitted by this subdivision, the institution or entity shall make continuing efforts to locate such owners and shall make an annual public notice of the fact of the transfers in newspapers of general circulation serving the jurisdictions where the owners were incorporated or doing business at the time of initial affixations. The institution or entity shall keep on file a record of the efforts made to locate such owners for inspection by appropriate governmental agencies.


(i) This section applies only to those articles that were initially mastered prior to February 15, 1972.


CREDIT(S)



(Added by Stats.1968, c. 585, p. 1256, § 1. Amended by Stats.1975, c. 1132, p. 2803, § 1; Stats.1977, c. 165, p. 643, § 10, eff. June 29, 1977, operative July 1, 1977; Stats.1982, c. 824, p. 3132, § 1; Stats.1984, c. 1078, § 1; Stats.1984, c. 1432, § 5; Stats.1985, c. 364, § 1; Stats.1988, c. 1257, § 1; Stats.1994, c. 1010 (S.B.2053), § 197; Stats.2010, c. 351 (A.B.819), § 3, eff. Sept. 27, 2010; Stats.2011, c. 15 (A.B.109), § 433, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653i


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653i. Leaving scene of ski accident; infraction; punishment


Any person who is involved in a skiing accident and who leaves the scene of the accident knowing or having reason to believe that any other person involved in the accident is in need of medical and other assistance, except to notify the proper authorities or to obtain assistance, shall be guilty of an infraction punishable by fine not exceeding one thousand dollars ($1,000).


CREDIT(S)



(Added by Stats.1977, c. 870, p. 2631, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653j


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653j. Soliciting, inducing, encouraging, or intimidating minor to commit certain felonies; punishment


(a) Every person 18 years of age or older who, in any voluntary manner, solicits, induces, encourages, or intimidates any minor with the intent that the minor shall commit a felony in violation of paragraph (1) of subdivision (c) of Section 136.1 or Section 187, 211, 215, 245, 246, 451, 459, or 520 of the Penal Code, or Section 10851 of the Vehicle Code, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a period of three, five, or seven years. If the minor is 16 years of age or older at the time of the offense, this section shall only apply when the adult is at least five years older than the minor at the time the offense is committed.


(b) In no case shall the court impose a sentence pursuant to subdivision (a) which exceeds the maximum penalty prescribed for the felony offense for which the minor was solicited, induced, encouraged, or intimidated to commit.


(c) Whenever a sentence is imposed under subdivision (a), the court shall consider the severity of the underlying crime as one of the circumstances in aggravation.


CREDIT(S)



(Formerly § 653l, added by Stats.1987, c. 1087, § 1. Renumbered § 653j and amended by Stats.1989, c. 897, § 26. Amended by Stats.1993, c. 610 (A.B.6), § 9, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 9, eff. Oct. 1, 1993; Stats.2011, c. 15 (A.B.109), § 434, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653k


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653k. Repealed by Stats.2010, c. 711 (S.B.1080), § 2, operative Jan. 1, 2012


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653l


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653l. Renumbered Penal Code § 653x and amended by Stats.1995, c. 91 (S.B.975), § 127


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653m


Effective: January 1, 2009



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653m. Telephone calls or contact by electronic communication device with intent to annoy


(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.


(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.


(c) Any offense committed by use of a telephone may be deemed to have been committed when and where the telephone call or calls were made or received. Any offense committed by use of an electronic communication device or medium, including the Internet, may be deemed to have been committed when and where the electronic communication or communications were originally sent or first viewed by the recipient.


(d) Subdivision (a) or (b) is violated when the person acting with intent to annoy makes a telephone call or contact by means of an electronic communication device requesting a return call and performs the acts prohibited under subdivision (a) or (b) upon receiving the return call.


(e) Subdivision (a) or (b) is violated when a person knowingly permits any telephone or electronic communication under the person's control to be used for the purposes prohibited by those subdivisions.


(f) If probation is granted, or the execution or imposition of sentence is suspended, for any person convicted under this section, the court may order as a condition of probation that the person participate in counseling.


(g) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, facsimile machines, pagers, personal digital assistants, smartphones, and any other device that transfers signs, signals, writing, images, sounds, or data. “Electronic communication device” also includes, but is not limited to, videophones, TTY/TDD devices, and all other devices used to aid or assist communication to or from deaf or disabled persons. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.


CREDIT(S)



(Added by Stats.1963, c. 801, p. 1832, § 1. Amended by Stats.1978, c. 1022, p. 3157, § 1; Stats.1990, c. 383 (A.B.3437), § 1; Stats.1992, c. 1136 (S.B.1541), § 7; Stats.1993, c. 589 (A.B.2211), § 116; Stats.1998, c. 825 (S.B.1796), § 5; Stats.1998, c. 826 (A.B.2351), § 2; Stats.1999, c. 83 (S.B.966), § 147; Stats.2008, c. 109 (S.B.129), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653n


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653n. Installation or maintenance of two-way mirrors in restrooms, toilets, hotel rooms, etc.


Any person who installs or who maintains after April 1, 1970, any two-way mirror permitting observation of any restroom, toilet, bathroom, washroom, shower, locker room, fitting room, motel room, or hotel room, is guilty of a misdemeanor.


This section does not apply to such areas (a) in state or local public penal, correctional, custodial, or medical institutions which are used by, or for the treatment of, persons who are committed or voluntarily confined to such institutions or voluntarily receive treatment therein; (b) in private custodial or medical institutions, which are used by, or for the treatment of, persons who are committed or voluntarily confined to such institutions or voluntarily receive treatment therein; (c) in public or private treatment facilities which are used by, or for the treatment of, persons who are committed or voluntarily confined to such facilities or voluntarily receive treatment therein; (d) in buildings operated by state or local law enforcement agencies; or (e) in public or private educational institutions.


“Two-way mirror” as used in this section means a mirror or other surface which permits any person on one side thereof to see through it under certain conditions of lighting, while any person on the other side thereof or other surface at that time can see only the usual mirror or other surface reflection.


CREDIT(S)



(Added by Stats.1969, c. 428, p. 957, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653o


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653o. Illegal importation of dead body or parts or products thereof of specified species



<Section operative until Jan. 1, 2016. See, also, section operative Jan. 1, 2016.>


(a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.


(b)(1) Commencing January 1, 2015, it shall be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator.


(2) This subdivision shall not be construed to authorize the importation or sale of any alligator or crocodilian species, or any products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or any products thereof, in violation of any federal law or any international treaty to which the United States is a party.


(c)(1) This section shall not apply to kangaroos that may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions, provided that the Department of Fish and Game is annually informed in writing, by May 1, by the Australian government that the commercial harvest of kangaroos in any future year will not exceed the official quota for that year, consistent with Australian national and state law, and of the sustainability principles on which that quota is based.


(2) If the department fails to receive the report described in paragraph (1), the department shall inform the Australian national government that future importation of kangaroos that otherwise may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions shall be halted and their importation into this state for commercial purposes, possession with intent to sell, or sale within the state will be subject to the provisions of this section.


(d) Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation.


(e) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.


(f) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.


CREDIT(S)



(Added by Stats.1970, c. 1557, p. 3186, § 1, operative Dec. 1, 1970. Amended by Stats.1971, c. 1283, p. 2511, § 1; Stats.1972, c. 119, p. 160, § 2; Stats.1976, c. 692, p. 1696, § 1, operative June 1, 1977; Stats.1980, c. 494, p. 1032, § 1; Stats.1981, c. 714, p. 2726, § 326; Stats.2006, c. 660 (S.B.1485), § 1; Stats.2007, c. 576 (S.B.880), § 1; Stats.2009, c. 15 (S.B.609), § 1; Stats.2010, c. 412 (S.B.1345), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653o


Effective: January 1, 2016



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653o. Illegal importation of dead body or parts or products thereof of specified species



<Section operative Jan. 1, 2016. See, also, section operative until Jan. 1, 2016.>


(a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.


(b)(1) Commencing January 1, 2015, it shall be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator.


(2) This subdivision shall not be construed to authorize the importation or sale of any alligator or crocodilian species, or any products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or any products thereof, in violation of any federal law or any international treaty to which the United States is a party.


(c) Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation.


(d) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.


(e) This section shall become operative on January 1, 2016.


CREDIT(S)



(Added by Stats.2007, c. 576 (S.B.880), § 2, operative Jan. 1, 2011. Amended by Stats.2009, c. 15 (S.B.609), § 2, eff. Jan. 1, 2011; Stats.2010, c. 412 (S.B.1345), § 2, operative Jan. 1, 2016.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653p


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653p. Animals, reptiles, etc.; endangered species; prohibited possession


It is unlawful to possess with the intent to sell, or to sell, within the state, the dead body, or any part or product thereof, of any species or subspecies of any fish, bird, mammal, amphibian, reptile, mollusk, invertebrate, or plant, the importation of which is illegal under the Federal Endangered Species Act of 1973 (Title 16, United States Code Sec. 1531 et seq.) and subsequent amendments, [FN1] or under the Marine Mammal Protection Act of 1972 (Title 16, United States Code Sec. 1361 et seq.), [FN2] or which is listed in the Federal Register by the Secretary of the Interior pursuant to the above acts. The violation of any federal regulations adopted pursuant to the above acts shall also be deemed a violation of this section and shall be prosecuted by the appropriate state or local officials.


CREDIT(S)



(Added by Stats.1970, c. 1557, p. 3186, § 2, operative Dec. 1, 1970. Amended by Stats.1976, c. 692, p. 1696, § 2, operative Jan. 1, 1977.)


[FN1] 16 U.S.C.A. § 1531 et seq.



[FN2] 16 U.S.C.A. § 1361 et seq.



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653q


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653q. Seals; importation, possession or sale of dead body or parts


It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.


Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail for not to exceed six months, or both such fine and imprisonment, for each violation.


CREDIT(S)



(Added by Stats.1971, c. 1200, p. 2296, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653r


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653r. Sale of endangered species; misdemeanor


Notwithstanding the provisions of Section 3 of Chapter 1557 of the Statutes of 1970, it shall be unlawful to possess with intent to sell, or to sell, within this state, after June 1, 1972, the dead body, or any part or product thereof, of any fish, bird, amphibian, reptile, or mammal specified in Section 653o or 653p.


Violation of this section constitutes a misdemeanor.


CREDIT(S)



(Added by Stats.1971, c. 1283, p. 2512, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653s


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653s. Articles containing unauthorized recordation of sounds of live performances; transportation; definitions; presumption of ownership; proper witnesses; violations; punishment


(a) Any person who transports or causes to be transported for monetary or other consideration within this state, any article containing sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in subdivision (g) or (h).


(b) As used in this section and Section 653u:


(1) “Live performance” means the recitation, rendering, or playing of a series of musical, spoken, or other sounds in any audible sequence thereof.


(2) “Article” means the original disc, wire, tape, film, phonograph record, or other recording device used to record or master the sounds of the live performance and any copy or reproduction thereof which duplicates, in whole or in part, the original.


(3) “Person” means any individual, partnership, partnership member or employee, corporation, association, or corporation or association employee, officer, or director, limited liability company, or limited liability company manager or officer.


(c) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds.


(d) For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent.


Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.


(e) This section shall neither enlarge nor diminish the rights and remedies of parties to a recording or master recording which they might otherwise possess by law.


(f) This section shall not apply to persons engaged in radio or television broadcasting or cablecasting who record or fix the sounds of a live performance for, or in connection with, broadcast or cable transmission and related uses in educational television or radio programs, for archival purposes, or for news programs or purposes if the recordation or master recording is not commercially distributed independent of the broadcast or cablecast by or through the broadcasting or cablecasting entity to subscribers or the general public.


(g) Any person who has been convicted of a violation of subdivision (a), shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both, if the offense involves the transportation or causing to be transported of not less than 1,000 articles described in subdivision (a).


(h) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (g) shall be punished by imprisonment in the county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (g) shall be punished by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed two hundred thousand dollars ($200, 000), or by both that fine and imprisonment.


(i) Every person who offers for sale or resale, or sells or resells, or causes the sale or resale, or rents, or possesses for these purposes, any article described in subdivision (a) with knowledge that the sounds thereon have been so recorded or mastered without the consent of the owner of the sounds of a live performance is guilty of a public offense.


(1) A violation of subdivision (i) involving not less than 100 of those articles shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A second or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50, 000), or by both.


(2) A person who has been convicted of any violation of this subdivision not described in paragraph (1) shall be punished by imprisonment in the county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A second conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A third or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1978, c. 1299, p. 4252, § 1. Amended by Stats.1984, c. 1078, § 2; Stats.1988, c. 1257, § 2; Stats.1994, c. 1200 (S.B.469), § 37, eff. Sept. 30, 1994; Stats.2010, c. 351 (A.B.819), § 4, eff. Sept. 27, 2010; Stats.2011, c. 15 (A.B.109), § 435, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653t


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653t. Amateur or citizen's band radio; emergency communication interference; violation; penalty


(a) A person commits a public offense if the person knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over an amateur or a citizen's band radio frequency, the purpose of which communication is to inform or inquire about an emergency.


(b) For purposes of this section, “emergency” means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury, in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of extensive damage or destruction, or in which that injury or destruction has occurred and the person transmitting is attempting to summon assistance.


(c) A violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), by imprisonment in a county jail not to exceed six months, or by both, unless, as a result of the commission of the offense, serious bodily injury or property loss in excess of ten thousand dollars ($10,000) occurs, in which event the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.


(d) Any person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of an emergency communication over a public safety radio frequency, when the offense results in serious bodily injury or property loss in excess of ten thousand dollars ($10,000), is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.


CREDIT(S)



(Added by Stats.1980, c. 625, p. 1711, § 1. Amended by Stats.1994, c. 217 (S.B.522), § 1; Stats.1997, c. 111 (S.B.282), § 2; Stats.1999, c. 853 (S.B.832), § 14; Stats.2002, c. 787 (S.B.1798), § 15; Stats.2011, c. 15 (A.B.109), § 436, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653u


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653u. Sounds of live performances; unauthorized recordation or fixation; presumption of ownership; proper witnesses; violations; penalties


(a) Any person who records or masters or causes to be recorded or mastered on any article with the intent to sell for commercial advantage or private financial gain, the sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in subdivisions (d) and (e).


(b) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds.


(c)(1) For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent.


(2) Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.


(d) Any person who has been convicted of a violation of subdivision (a) shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment, if the offense involves the recording, mastering, or causing to be recorded or mastered at least 1,000 articles described in subdivision (a).


(e) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (d), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (d) shall be punished by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 or by a fine not to exceed two hundred thousand dollars ($200, 000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1984, c. 1078, § 3. Amended by Stats.1988, c. 1257, § 3; Stats.2010, c. 351 (A.B.819), § 5, eff. Sept. 27, 2010; Stats.2011, c. 15 (A.B.109), § 437, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653v


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653v. Violation of §§ 653h, 653s, 653u, or 653w; forfeiture and destruction of articles used in connection with violation


Whenever any person is convicted of any violation of Section 653h, 653s, 653u, or 653w the court, in its judgment of conviction, shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all articles, including, but not limited to, phonograph records, discs, wires, tapes, films, or any other article upon which sounds or images can be recorded or stored, and any and all electronic, mechanical, or other devices for manufacturing, reproducing or assembling these articles, which were used in connection with, or which were part of, any violation of Section 653h, 653s, 653u, or 653w.


CREDIT(S)



(Added by Stats.1984, c. 1078, § 4. Amended by Stats.1985, c. 364, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653w


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653w. Failure to disclose origin of recording or audiovisual work; violations; punishment


(a)(1) A person is guilty of failure to disclose the origin of a recording or audiovisual work if, for commercial advantage or private financial gain, he or she knowingly advertises or offers for sale or resale, or sells or resells, or causes the rental, sale, or resale of, or rents, or manufactures, or possesses for these purposes, any recording or audiovisual work, the outside cover, box, jacket, or label of which does not clearly and conspicuously disclose the actual true name and address of the manufacturer thereof and the name of the actual author, artist, performer, producer, programmer, or group thereon. This section does not require the original manufacturer or authorized licensees of software producers to disclose the contributing authors or programmers.


(2) As used in this section, “recording” means any tangible medium upon which information or sounds are recorded or otherwise stored, including, but not limited to, any phonograph record, disc, tape, audio cassette, wire, film, memory card, flash drive, hard drive, data storage device, or other medium on which information or sounds are recorded or otherwise stored, but does not include sounds accompanying a motion picture or other audiovisual work.


(3) As used in this section, “audiovisual works” are the physical embodiment of works that consist of related images that are intrinsically intended to be shown using machines or devices, such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films, tapes, discs, memory cards, flash drives, hard drives, data storage devices, or other devices, on which the works are embodied.


(b) Any person who has been convicted of a violation of subdivision (a) shall be punished as follows:


(1) If the offense involves the advertisement, offer for sale or resale, sale, rental, manufacture, or possession for these purposes, of at least 100 articles of audio recordings or 100 articles of audiovisual works described in subdivision (a), the person shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment.


(2) Any other violation of subdivision (a) not described in paragraph (1), shall, upon a first offense, be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.


(3) A second or subsequent conviction under subdivision (a) not described in paragraph (1), shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment.


CREDIT(S)



(Added by Stats.1984, c. 1078, § 5. Amended by Stats.1986, c. 367, § 1; Stats.1988, c. 1257, § 4; Stats.1990, c. 942 (S.B.2073), § 1; Stats.1997, c. 303 (A.B.298), § 1; Stats.2006, c. 9 (A.B.64), § 1; Stats.2010, c. 351 (A.B.819), § 6, eff. Sept. 27, 2010; Stats.2010, c. 480 (S.B.830), § 1.5; Stats.2011, c. 15 (A.B.109), § 438, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653x


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653x. Telephone calls to 911; intent to annoy or harass; emergency response costs


(a) Any person who telephones the 911 emergency line with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. Nothing in this section shall apply to telephone calls made in good faith.


(b) An intent to annoy or harass is established by proof of repeated calls over a period of time, however short, that are unreasonable under the circumstances.


(c) Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response.


CREDIT(S)



(Formerly § 653l, added by Stats.1994, c. 262 (A.B.2741), § 1. Renumbered § 653x and amended by Stats.1995, c. 91 (S.B.975), § 127.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653y


Effective: January 1, 2009



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653y. Telephone calls to 911; use of system for other than emergency; violations; penalty


(a) Any person who knowingly allows the use or who uses the 911 telephone system for any reason other than because of an emergency is guilty of an infraction, punishable as follows:


(1) For a first violation, a written warning shall be issued to the violator by the public safety entity originally receiving the call describing the punishment for subsequent violations. The written warning shall inform the recipient to notify the issuing agency that the warning was issued inappropriately if the recipient did not make, or knowingly allow the use of the 911 telephone system for, the nonemergency 911 call. The law enforcement agency may provide educational materials regarding the appropriate use of the 911 telephone system.


(2) For a second or subsequent violation, a citation may be issued by the public safety entity originally receiving the call pursuant to which the violator shall be subject to the following penalties that may be reduced by a court upon consideration of the violator's ability to pay:


(A) For a second violation, a fine of fifty dollars ($50).


(B) For a third violation, a fine of one hundred dollars ($100).


(C) For a fourth or subsequent violation, a fine of two hundred and fifty dollars ($250).


(b) The parent or legal guardian having custody and control of an unemancipated minor who violates this section shall be jointly and severally liable with the minor for the fine imposed pursuant to this section.


(c) For purposes of this section, “emergency” means any condition in which emergency services will result in the saving of a life, a reduction in the destruction of property, quicker apprehension of criminals, or assistance with potentially life-threatening medical problems, a fire, a need for rescue, an imminent potential crime, or a similar situation in which immediate assistance is required.


(d) Notwithstanding subdivision (a), this section shall not apply to a telephone corporation or any other entity for acts or omissions relating to the routine maintenance, repair, or operation of the 911 or 311 telephone system.


CREDIT(S)



(Added by Stats.2004, c. 295 (A.B.911), § 2. Amended by Stats.2008, c. 89 (A.B.1976), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653z


Effective: September 27, 2010



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653z. Operation of recording device in a motion picture theater


(a) Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.


(b) For the purposes of this section, the following terms have the following meanings:


(1) “Recording device” means a photographic, digital or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture.


(2) “Motion picture theater” means a theater or other premises in which a motion picture is exhibited.


(c) Nothing in this section shall preclude prosecution under any other provision of law.


CREDIT(S)



(Added by Stats.2003, c. 670 (S.B.1032), § 1. Amended by Stats.2010, c. 351 (A.B.819), § 7, eff. Sept. 27, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653aa


Effective: September 27, 2010



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653aa. Knowing electronic dissemination of all or substantially all of commercial recording or audiovisual work; punishment; minors; rights of copyright owner; deletion or destruction of files; Internet service providers


(a) Any person, except a minor, who is located in California, who, knowing that a particular recording or audiovisual work is commercial, knowingly electronically disseminates all or substantially all of that commercial recording or audiovisual work to more than 10 other people without disclosing his or her e-mail address, and the title of the recording or audiovisual work is punishable by a fine not exceeding five thousand dollars ($5,000), imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.


(b) Any minor who violates subdivision (a) is punishable by a fine not exceeding five hundred dollars ($500). Any minor who commits a third or subsequent violation of subdivision (a) is punishable by a fine not exceeding two thousand dollars ($2,000), imprisonment in a county jail for a period not to exceed one year, or by both that imprisonment and fine.


(c) Subdivisions (a) and (b) do not apply:


(1) To a person who electronically disseminates a commercial recording or audiovisual work to his or her immediate family, or within his or her personal network, defined as a restricted access network controlled by and accessible to only that person or people in his or her immediate household.


(2) If the copyright owner, or a person acting under the authority of the copyright owner, of a commercial recording or audiovisual work has explicitly given permission for all or substantially all of that recording or audiovisual work to be freely disseminated electronically by or to anyone without limitation.


(3) To a person who has been licensed either by the copyright owner or a person acting under the authority of the copyright owner to disseminate electronically all or substantially all of a commercial audiovisual work or recording.


(4) To the licensed electronic dissemination of a commercial audiovisual work or recording by means of a cable television service offered over a cable system or direct to home satellite service as defined in Title 47 of the United States Code.


(d) Nothing in this section shall restrict the copyright owner from disseminating his or her own copyrighted material.


(e) Upon conviction for a violation of this section, in addition to the penalty prescribed, the court shall order the permanent deletion or destruction of any electronic file containing a commercial recording or audiovisual work, the dissemination of which was the basis of the violation. This subdivision shall not apply to the copyright owner or to a person acting under the authority of the copyright owner.


(f) An Internet service provider does not violate, and does not aid and abet a violation of subdivision (a), and subdivision (a) shall not be enforced against an Internet service provider, to the extent that the Internet service provider enables a user of its service to electronically disseminate an audiovisual work or sound recording, if the Internet service provider maintains its valid e-mail address or other means of electronic notification on its Internet Web site in a location that is accessible to the public.


For the purposes of this section, “Internet service provider” means an entity, to the extent that the entity is transmitting, routing, or providing connections for Internet communications initiated by or at the direction of another person, between or among points specified by a user, of material placed online by a user, storing or hosting that material at the direction of a user, or referring or linking users to that material.


(g) For purposes of this section:


(1) “Recording” means the electronic or physical embodiment of any recorded images, sounds, or images and sounds, but does not include audiovisual works or sounds accompanying audiovisual works.


(2) “Audiovisual work” means the electronic or physical embodiment of motion pictures, television programs, video or computer games, or other audiovisual presentations that consist of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, or a computer program, software, or system, as defined in Section 502, together with accompanying sounds, if any.


(3) “Commercial recording or audiovisual work” means a recording or audiovisual work whose copyright owner, or assignee, authorized agent, or licensee, has made or intends to make available for sale, rental, or for performance or exhibition to the public under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether the person who electronically disseminates it seeks commercial advantage or private financial gain from that dissemination.


(4) “Electronic dissemination” means initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution on the Internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work.


(5) “E-mail address” means a valid e-mail address, or the valid e-mail address of the holder of the account from which the dissemination took place.


(6) “Disclosing” means providing information in, attached to, or discernable or available in or through the process of disseminating or obtaining a commercial recording or audiovisual work in a manner that is accessible by any person engaged in disseminating or receiving the commercial recording or audiovisual work.


(h) Nothing in this section shall preclude prosecution under any other provision of law.


CREDIT(S)



(Added by Stats.2004, c. 617 (S.B.1506), § 1. Amended by Stats.2010, c. 351 (A.B.819), § 8, eff. Sept. 27, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.1


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653.1. Balloons; electrically conductive material or appurtenance; sale, distribution or release outdoors


(a) No person shall sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:


(1) Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.


(2) Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.


(3) A printed identification of the manufacturer of the balloon.


(b) No person shall sell or distribute any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance.


(c) No person shall sell or distribute any balloon that is constructed of electrically conductive material and filled with a gas lighter than air and that is attached to another balloon constructed of electrically conductive material and filled with a gas lighter than air.


(d) No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement.


(e) Any person who violates subdivision (a), (b), (c), or (d) shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates subdivision (a), (b), (c), or (d) who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) shall be guilty of a misdemeanor.


(f) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.


CREDIT(S)



(Added by Stats.1990, c. 1559 (S.B.1990), § 1. Amended by Stats.2004, c. 193 (S.B.111), § 141.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.2


Effective: January 1, 2010



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653.2. Electronic communication device; prohibited distribution or publication of personal identifying information; definitions


(a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.


(b) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs) , video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code.


(c) For purposes of this section, the following terms apply:


(1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.


(2) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose.


CREDIT(S)



(Added by Stats.2008, c. 583 (A.B.919), § 1. Amended by Stats.2009, c. 140 (A.B.1164), § 144.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653 1/2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653   1/2 . Renumbered Penal Code § 653.5 and amended by Stats.1987, c. 828, § 44


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2. Of Other and Miscellaneous Offenses (Refs & Annos)

§ 653.5. Repealed by Stats.1988, c. 1199, § 24, operative July 1, 1989


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 2.5, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.20


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.20. Definitions


For purposes of this chapter, the following definitions apply:


(a) “Commit prostitution” means to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public.


(b) “Public place” means an area open to the public, or an alley, plaza, park, driveway, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment, or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.


(c) “Loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.


CREDIT(S)



(Added by Stats.1995, c. 981 (A.B.1035), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.22


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.22. Offense; intent; relevant circumstances


(a) It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting in a manner and under circumstances which openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution.


(b) Among the circumstances that may be considered in determining whether a person loiters with the intent to commit prostitution are that the person:


(1) Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution.


(2) Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution.


(3) Has been convicted of violating this section, subdivision (a) or (b) of Section 647, or any other offense relating to or involving prostitution, within five years of the arrest under this section.


(4) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution.


(5) Has engaged, within six months prior to the arrest under this section, in any behavior described in this subdivision, with the exception of paragraph (3), or in any other behavior indicative of prostitution activity.


(c) The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is in itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.


CREDIT(S)



(Added by Stats.1995, c. 981 (A.B.1035), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.23


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.23. Supervising or otherwise aiding a prostitute


(a) It is unlawful for any person to do either of the following:


(1) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.


(2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.


(b) Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following:


(1) Repeatedly speaks or communicates with another person who is acting in violation of subdivision (a) of Section 653.22.


(2) Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (a) of Section 653.22.


(3) Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.


(4) Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.


(5) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.


(6) Receives or appears to receive money from another person who is acting in violation of subdivision (a) of Section 653.22.


(7) Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to or on behalf of two or more persons who are in violation of subdivision (a) of Section 653.22.


(8) Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section.


(9) Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity.


(c) The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case.


(d) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense.


CREDIT(S)



(Added by Stats.1998, c. 460 (A.B.1695), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.24


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.24. Severability


If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion of the chapter.


CREDIT(S)



(Added by Stats.1995, c. 981 (A.B.1035), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.26


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.26. Violation; offense


A violation of any provision of this chapter is a misdemeanor.


CREDIT(S)



(Added by Stats.1995, c. 981 (A.B.1035), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.28


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense (Refs & Annos)

§ 653.28. Local laws; preemption


Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local governing body from adopting and enforcing laws consistent with these chapters relating to prostitution or prostitution-related activity. Where local laws duplicate or supplement this chapter or Chapter 2 (commencing with Section 639), these chapters shall be construed as providing alternative remedies and not to preempt the field.


CREDIT(S)



(Added by Stats.1995, c. 981 (A.B.1035), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 3, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.55


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.55. Preparation of immigration matter; false or misleading statements; misdemeanor


It is a misdemeanor for any person for compensation to knowingly make a false or misleading material statement or assertion of fact in the preparation of an immigration matter which statement or assertion is detrimentally relied upon by another. Such a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2146, § 1. Amended by Stats.1976, c. 1125, p. 5039, § 22.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.56


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.56. Definitions


For purposes of this chapter:


(a) “Compensation” means money, property, or anything else of value.


(b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Immigration and Customs Enforcement, the United States Department of State, or the United States Department of Labor.


(c) “Person” means any individual, firm, partnership, corporation, limited liability company, association, other organization, or any employee or agent thereof.


(d) “Preparation” means giving advice on an immigration matter and includes drafting an application, brief, document, petition, or other paper, or completing a form provided by a federal or state agency in an immigration matter.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2146, § 1. Amended by Stats.1994, c. 1010 (S.B.2053), § 198; Stats.2011, c. 296 (A.B.1023), § 210.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.57


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.57. Enjoining violations of chapter


Any person violating the provisions of this chapter may be enjoined by any superior court of competent jurisdiction upon an action for injunction, brought by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state, and the superior court shall, after proof of violation, issue an injunction or other appropriate order restraining such conduct.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2146, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.58


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.58. Violation of injunction; penalty


Any person who intentionally violates any injunction issued pursuant to Section 653.57 shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2147, § 1. Amended by Stats.1976, c. 1125, p. 5038, § 23.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.59


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.59. Violations; penalty


Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state in any court of competent jurisdiction. If the civil action was brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State General Fund. If the civil action was brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the civil action was brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city.


The action may be brought upon the complaint of any person acting for the interests of itself, or members, or the general public.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2147, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.60


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.60. Damages for injuries


Any person injured by violation of this chapter may recover: (a) his actual damages or five hundred dollars ($500), whichever is greater; and (b) the costs of the suit, including reasonable attorney's fees.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2147, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.61


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 3. Immigration Matters (Refs & Annos)

§ 653.61. Cumulative remedies or penalties


The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.


CREDIT(S)



(Added by Stats.1974, c. 999, p. 2147, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 15, Ch. 4, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 4. Crimes Committed While in Custody in Correctional Facilities



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.75


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 4. Crimes Committed While in Custody in Correctional Facilities (Refs & Annos)

§ 653.75. Public offenses; punishment


Any person who commits any public offense while in custody in any local detention facility, as defined in Section 6031.4, or any state prison, as defined in Section 4504, is guilty of a crime. That crime shall be punished as provided in the section prescribing the punishment for that public offense.


CREDIT(S)



(Added by Stats.1987, c. 1005, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 653.77


Effective: November 4, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 15. Miscellaneous Crimes

Chapter 4. Crimes Committed While in Custody in Correctional Facilities (Refs & Annos)

§ 653.77. Rejected, eff. Nov. 4, 2008


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 654. Offenses punishable in different ways by different provisions; double jeopardy; denial of probation


(a) An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.


(b) Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5137, § 264, operative July 1, 1977; Stats.1977, c. 165, p. 644, § 11, eff. June 29, 1977, operative July 1, 1977; Stats.1997, c. 410 (S.B.914), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§§ 654a to 654c. Repealed by Stats.1941, c. 63, p. 729, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§§ 654a to 654c. Repealed by Stats.1941, c. 63, p. 729, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654c


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§§ 654a to 654c. Repealed by Stats.1941, c. 63, p. 729, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 654.1. Uncertified highway carriers of persons; sale or offer of transportation


It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless such transportation is to be furnished or provided solely by, and such sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of such certificate or permit to provide such transportation.


CREDIT(S)



(Added by Stats.1947, c. 1215, p. 2724, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654.2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 654.2. Uncertified highway carriers of persons; exceptions


The provisions of Section 654.1 of the Penal Code shall not apply to the selling, furnishing, or providing of transportation of any person or persons in any of the following circumstances:


(a) When no compensation is paid or to be paid, either directly or indirectly, for the transportation.


(b) For the furnishing or providing of transportation to or from work of employees engaged in farmwork on any farm of the State of California.


(c) For the furnishing or providing of transportation to and from work of employees of any nonprofit cooperative association, organized pursuant to any law of the State of California.


(d) For the transportation of persons wholly or substantially within the limits of a single municipality or of contiguous municipalities.


(e) For transportation of persons over a route wholly or partly within a national park or state park where the transportation is sold in conjunction with, or as part of, a rail trip or trip over a regularly operated motorbus transportation system or line.


(f) For the transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. “Profit,” as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.


CREDIT(S)



(Added by Stats.1947, c. 1215, p. 2724, § 3. Amended by Stats.1975, c. 319, p. 764, § 1; Stats.1975, c. 686, p. 1634, § 4; Stats.1982, c. 46, p. 137, § 1; Stats.1982, c. 185, p. 563, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 654.3


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 654.3. Uncertified highway carriers of persons; violations; punishment; subsequent offenses; eligibility to probation


Violation of Section 654.1 shall be a misdemeanor, and upon first conviction the punishment shall be a fine of not over five hundred dollars ($500), or imprisonment in jail for not over 90 days, or both such fine and imprisonment. Upon second conviction the punishment shall be imprisonment in jail for not less than 30 days and not more than 180 days. Upon a third or subsequent conviction the punishment shall be confinement in jail for not less than 90 days and not more than one year, and a person suffering three or more convictions shall not be eligible to probation, the provisions of any law to the contrary notwithstanding.


CREDIT(S)



(Added by Stats.1947, c. 1215, p. 2725, § 4. Amended by Stats.1983, c. 1092, § 319, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 655


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 655. Offenses also punishable by foreign law; effect


An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, Government, or country, unless the contrary is expressly declared.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 656


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 656. Offenses also punishable by laws of the United States or another state or U.S. territory; double jeopardy


Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of the United States, or of another state or territory of the United States based upon the act or omission in respect to which he or she is on trial, he or she has been acquitted or convicted, it is a sufficient defense.


CREDIT(S)



(Enacted in 1872. Amended by Stats.2004, c. 511 (A.B.1432), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 656.5


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 656.5. Offenses also punishable by foreign countries; time credit


Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime, and for any additional time credits that would have actually been awarded had the person been incarcerated in California.


CREDIT(S)



(Added by Stats.2004, c. 511 (A.B.1432), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 656.6


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 656.6. Offenses also punishable by foreign countries; return of defendant; international treaties or laws


No international treaties or laws shall be violated to secure the return of a person who has been convicted in another country of a crime committed in California in order to prosecute the person in California.


CREDIT(S)



(Added by Stats.2004, c. 511 (A.B.1432), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 657


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 657. Offenses also punishable as contempt


A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 658


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 658. Mitigation of punishment; prior punishment for contempt


When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 659


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 659. Misdemeanor; counseling or aiding; offense


Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 660


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 660. Criminal sending of letters; completion of offense


In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any Post Office or any other place, or delivered to any person, with intent that it shall be forwarded.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 661


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

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Title 16. General Provisions

§ 661. Public officers; removal for neglect or violation of official duty; discretion of court


In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county, city, or township, where it is not so expressly provided, they may, in the discretion of the Court, be removed from office.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 662


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

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§ 662. Performance by agent; nonperformance by principal not punishable


No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 663


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

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§ 663. Attempts; conviction though offense perpetrated; discretion of court


Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the Court, in its discretion, discharges the jury and directs such person to be tried for such crime.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 664


Effective: October 1, 2011



West's Annotated California Codes Currentness

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Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 664. Attempts; punishment


Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:


(a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other one in which the maximum sentence is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional term provided in this section for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.


(b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted.


(c) If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted.


(d) If a crime is divided into degrees, an attempt to commit the crime may be of any of those degrees, and the punishment for the attempt shall be determined as provided by this section.


(e) Notwithstanding subdivision (a), if attempted murder is committed upon a peace officer or firefighter, as those terms are defined in paragraphs (7) and (9) of subdivision (a) of Section 190.2, a custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5, a custody assistant, as that term is defined in subdivision (a) of Section 831.7, or a nonsworn uniformed employee of a sheriff's department whose job entails the care or control of inmates in a detention facility, as defined in subdivision (c) of Section 289.6, and the person who commits the offense knows or reasonably should know that the victim is a peace officer, firefighter, custodial officer, custody assistant, or nonsworn uniformed employee of a sheriff's department engaged in the performance of his or her duties, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole.


This subdivision shall apply if it is proven that a direct but ineffectual act was committed by one person toward killing another human being and the person committing the act harbored express malice aforethought, namely, a specific intent to unlawfully kill another human being. The Legislature finds and declares that this paragraph is declaratory of existing law.


(f) Notwithstanding subdivision (a), if the elements of subdivision (e) are proven in an attempted murder and it is also charged and admitted or found to be true by the trier of fact that the attempted murder was willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce this minimum term of 15 years in state prison, and the person shall not be released prior to serving 15 years' confinement.


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(Enacted in 1872. Amended by Stats.1923, c. 295, p. 625, § 1; Stats.1931, c. 481, p. 1050, § 1; Stats.1953, c. 713, p. 1983, § 1; Stats.1976, c. 1139, p. 5137, § 265, operative July 1, 1977; Stats.1977, c. 165, p. 644, § 12, eff. June 29, 1977, operative July 1, 1977; Stats.1978, c. 579, p. 1980, § 27; Stats.1978, c. 1166, p. 3771, § 2; Stats.1986, c. 519, § 2; Stats.1994, c. 793 (A.B.2433), § 1; Stats.1997, c. 412 (A.B.445), § 1; Stats.2005, c. 52 (A.B.999), § 1; Stats.2006, c. 468 (S.B.1184), § 1; Stats.2011, c. 15 (A.B.109), § 439, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 665


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 665. Attempts; commission of a different crime; effect


Sections 663 and 664 do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.


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(Enacted in 1872. Amended by Stats.1987, c. 828, § 45.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 666


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 666. Petty theft; prior conviction of certain offenses; punishment


(a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punishable by imprisonment in the county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.


(b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.


(1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.


(2) This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.


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(Enacted in 1872. Amended by Stats.1903, c. 95, p. 107 § 1; Stats.1905, c. 506, p. 667, § 1; Stats.1909, c. 234, p. 360, § 1; Stats.1931, c. 481, p. 1051, § 2; Stats.1939, c. 390, p. 1722, § 1; Stats.1957, c. 1284, p. 2607, § 1; Stats.1976, c. 1139, p. 5137, § 266, operative July 1, 1977; Stats.1977, c. 296, p. 1196, § 1, eff. July 8, 1977, operative July 1, 1977; Stats.1986, c. 402, § 1; Stats.1988, c. 831, § 1; Stats.1993, c. 610 (A.B.6), § 9.5, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 10, eff. Oct. 1, 1993; Stats.2000, c. 135 (A.B.2539), § 134; Stats.2010, c. 219 (A.B.1844), § 15, eff. Sept. 9, 2010; Stats.2011, c. 15 (A.B.109), § 440, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 21, eff. June 30, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 666.5


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 666.5. Prior felony theft conviction involving vehicle, trailer, construction equipment or vessel known to be stolen; punishment; allegation and proof


(a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.


(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.


(c) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.


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(Added by Stats.1993, c. 1125 (A.B.1630), § 11, eff. 0ct. 11, 1993, operative Jan. 1, 1997. Amended by Stats.1995, c. 101 (S.B.317), § 2, operative Jan. 1, 1997; Stats.1996, c. 660 (A.B.3170), § 2; Stats.1998, c. 710 (A.B.2390), § 2; Stats.1999, c. 706 (A.B.1236), § 6, eff. Oct. 10, 1999; Stats.2011, c. 15 (A.B.109), § 441, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 666.7


Effective: January 1, 2007



West's Annotated California Codes Currentness

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Title 16. General Provisions

§ 666.7. Repealed by Stats.2006, c. 901 (S.B.1422), § 7


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667


Effective: November 7, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667. Habitual criminals; enhancement of sentence; amendment of section


(a)(1) In compliance with subdivision (b) of Section 1385, any person convicted of a serious felony who previously has been convicted of a serious felony in this state or of any offense committed in another jurisdiction which includes all of the elements of any serious felony, shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately. The terms of the present offense and each enhancement shall run consecutively.


(2) This subdivision shall not be applied when the punishment imposed under other provisions of law would result in a longer term of imprisonment. There is no requirement of prior incarceration or commitment for this subdivision to apply.


(3) The Legislature may increase the length of the enhancement of sentence provided in this subdivision by a statute passed by majority vote of each house thereof.


(4) As used in this subdivision, “serious felony” means a serious felony listed in subdivision (c) of Section 1192.7.


(5) This subdivision shall not apply to a person convicted of selling, furnishing, administering, or giving, or offering to sell, furnish, administer, or give to a minor any methamphetamine-related drug or any precursors of methamphetamine unless the prior conviction was for a serious felony described in subparagraph (24) of subdivision (c) of Section 1192.7.


(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of one or more serious and/or violent felony offenses.


(c) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior serious and/or violent felony convictions as defined in subdivision (d), the court shall adhere to each of the following:


(1) There shall not be an aggregate term limitation for purposes of consecutive sentencing for any subsequent felony conviction.


(2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense.


(3) The length of time between the prior serious and/or violent felony conviction and the current felony conviction shall not affect the imposition of sentence.


(4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code.


(5) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not exceed one-fifth of the total term of imprisonment imposed and shall not accrue until the defendant is physically placed in the state prison.


(6) If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to subdivision (e).


(7) If there is a current conviction for more than one serious or violent felony as described in paragraph (6), the court shall impose the sentence for each conviction consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law.


(8) Any sentence imposed pursuant to subdivision (e) will be imposed consecutive to any other sentence which the defendant is already serving, unless otherwise provided by law.


(d) Notwithstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious and/or violent felony shall be defined as:


(1) Any offense defined in subdivision (c) of Section 667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state. The determination of whether a prior conviction is a prior felony conviction for purposes of subdivisions (b) to (i), inclusive, shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. None of the following dispositions shall affect the determination that a prior conviction is a prior felony for purposes of subdivisions (b) to (i), inclusive:


(A) The suspension of imposition of judgment or sentence.


(B) The stay of execution of sentence.


(C) The commitment to the State Department of Health Services as a mentally disordered sex offender following a conviction of a felony.


(D) The commitment to the California Rehabilitation Center or any other facility whose function is rehabilitative diversion from the state prison.


(2) A prior conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison shall constitute a prior conviction of a particular serious and/or violent felony if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of a particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined insubdivision (c) of Section 1192.7.


(3) A prior juvenile adjudication shall constitute a prior serious and/or violent felony conviction for purposes of sentence enhancement if:


(A) The juvenile was 16 years of age or older at the time he or she committed the prior offense.


(B) The prior offense is listed in subdivision (b) of Section 707 of the Welfare and Institutions Code or described in paragraph (1) or (2) as a serious and/or violent felony.


(C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law.


(D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.


(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions which may apply, the following shall apply where a defendant has one or more prior serious and/or violent felony convictions:


(1) If a defendant has one prior serious and/or violent felony conviction as defined in subdivision (d) that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction.


(2)(A) Except as provided in subparagraph (C), if a defendant has two or more prior serious and/or violent felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greatest of:


(i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior serious and/or violent felony convictions.


(ii) Imprisonment in the state prison for 25 years.


(iii) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046.


(B) The indeterminate term described in subparagraph (A) shall be served consecutive to any other term of imprisonment for which a consecutive term may be imposed by law. Any other term imposed subsequent to any indeterminate term described in subparagraph (A) shall not be merged therein but shall commence at the time the person would otherwise have been released from prison.


(C) If a defendant has two or more prior serious and/or violent felony convictions as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 that have been pled and proved, and the current offense is not a serious or violent felony as defined in subdivision (d), the defendant shall be sentenced pursuant to paragraph (1) of subdivision (e) unless the prosecution pleads and proves any of the following:


(i) The current offense is a controlled substance charge, in which an allegation under Section 11370.4 or 11379.8 of the Health and Safety Code was admitted or found true.


(ii) The current offense is a felony sex offense, defined in subdivision (d) of Section 261.5 or Section 262, or any felony offense that results in mandatory registration as a sex offender pursuant to subdivision (c) of Section 290 except for violations of Sections 266 and 285, paragraph (1) of subdivision (b) and subdivision (e) of Section 286, paragraph (1) of subdivision (b) and subdivision (e) of Section 288a, Section 311.11, and Section 314.


(iii) During the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person.


(iv) The defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies:


(I) A “sexually violent offense” as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.


(II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by Section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289.


(III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288.


(IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive.


(V) Solicitation to commit murder as defined in Section 653f.


(VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245.


(VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418.


(VIII) Any serious and/or violent felony offense punishable in California by life imprisonment or death.


(f)(1) Notwithstanding any other law, subdivisions (b) to (i), inclusive, shall be applied in every case in which a defendant has one or more prior serious and/or violent felony convictions as defined in subdivision (d). The prosecuting attorney shall plead and prove each prior serious and/or violent felony conviction except as provided in paragraph (2).


(2) The prosecuting attorney may move to dismiss or strike a prior serious and/or violent felony conviction allegation in the furtherance of justice pursuant to Section 1385, or if there is insufficient evidence to prove the prior serious and/or violent felony conviction. If upon the satisfaction of the court that there is insufficient evidence to prove the prior serious and/or violent felony conviction, the court may dismiss or strike the allegation. Nothing in this section shall be read to alter a court's authority under Section 1385.


(g) Prior serious and/or violent felony convictions shall not be used in plea bargaining as defined in subdivision (b) of Section 1192.7. The prosecution shall plead and prove all known prior felony serious and/or violent convictions and shall not enter into any agreement to strike or seek the dismissal of any prior serious and/or violent felony conviction allegation except as provided in paragraph (2) of subdivision (f).


(h) All references to existing statutes in subdivisions (c) to (g), inclusive, are to statutes as they existed on November 7, 2012.


(i) If any provision of subdivisions (b) to (h), inclusive, or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of those subdivisions which can be given effect without the invalid provision or application, and to this end the provisions of those subdivisions are severable.


(j) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.


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(Added by Initiative Measure, approved by the people, June 8, 1982. Amended by Stats.1986, c. 85, § 1.5, eff. May 6, 1986; Stats.1989, c. 1043, § 1; Stats.1994, c. 12 (A.B.971), § 1, eff. March 7, 1994; Initiative Measure (Prop. 36, § 2, approved Nov. 6, 2012, eff. Nov. 7, 2012).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.1


Effective: November 7, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.1. References to statutes in specified provisions of § 667


Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on November 7, 2012.


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(Added by Initiative Measure (Prop. 21, § 14, approved March 7, 2000, eff. March 8, 2000). Amended by Stats.2006, c. 337 (S.B.1128), § 29, eff. Sept. 20, 2006; Initiative Measure (Prop. 36, § 3, approved Nov. 6, 2012, eff. Nov. 7, 2012).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.5


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.5. Prior prison terms; enhancement of prison terms for new offenses


Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:


(a) Where one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction.


(b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when sentence is not suspended for any felony; provided that no additional term shall be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or when sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.


(c) For the purpose of this section, “violent felony” shall mean any of the following:


(1) Murder or voluntary manslaughter.


(2) Mayhem.


(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.


(4) Sodomy as defined in subdivision (c) or (d) of Section 286.


(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.


(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.


(7) Any felony punishable by death or imprisonment in the state prison for life.


(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.


(9) Any robbery.


(10) Arson, in violation of subdivision (a) or (b) of Section 451.


(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.


(12) Attempted murder.


(13) A violation of Section 18745, 18750, or 18755.


(14) Kidnapping.


(15) Assault with the intent to commit a specified felony, in violation of Section 220.


(16) Continuous sexual abuse of a child, in violation of Section 288.5.


(17) Carjacking, as defined in subdivision (a) of Section 215.


(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.


(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.


(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.


(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.


(22) Any violation of Section 12022.53.


(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person.


(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.


(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.


(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.


(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.


(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.


(i) For the purposes of this section, a commitment to the State Department of Mental Health as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.


(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.


(k)(1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.


(2) This subdivision shall not apply when a full, separate, and consecutive term is imposed pursuant to any other provision of law.


CREDIT(S)



(Added by Stats.1976, c. 1139, p. 5137, § 268, operative July 1, 1977. Amended by Stats.1977, c. 2, p. 4, § 1, eff. Dec. 16, 1976, operative July 1, 1977; Stats.1977, c. 165, p. 644, § 13, eff. June 29, 1977, operative July 1, 1977; Stats.1980, c. 587, p. 1596, § 3; Stats.1983, c. 229, § 1; Stats.1985, c. 402, § 1; Stats.1986, c. 645, § 1; Stats.1987, c. 611, § 1; Stats.1988, c. 70, § 1; Stats.1988, c. 89, § 1.5; Stats.1988, c. 432, § 1; Stats.1988, c. 1484, § 1; Stats.1988, c. 1487, § 1.1; Stats.1989, c. 1012, § 1; Stats.1990, c. 18 (A.B.662), § 1; Stats.1991, c. 451 (A.B.1393), § 1; Stats.1993, c. 162 (A.B.112), § 3; Stats.1993, c. 298 (A.B.31), § 2; Stats.1993, c. 610 (A.B.6), § 10, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 11, eff. Oct. 1, 1993; Stats.1994, c. 1188 (S.B.59), § 6; Stats.1997, c. 371 (A.B.793), § 1; Stats.1997, c. 504 (A.B.115), § 2; Initiative Measure (Prop.21, § 15, approved March 7, 2000, eff. March 8, 2000); Stats.2002, c. 606 (A.B.1838), § 2, eff. Sept. 17, 2002; Stats.2006, c. 337 (S.B.1128), § 30, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 9, approved Nov. 7, 2006, eff. Nov. 8, 2006); Stats.2010, c. 178 (S.B.1115), § 63, operative Jan. 1, 2012; Stats.2011, c. 15 (A.B.109), § 443, eff. April 4, 2011, operative Jan. 1, 2012; Stats.2011, c. 39 (A.B.117), § 23, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011-2012, 1st Ex.Sess., c. 12 (A.B.17), § 10, eff. Sept. 21, 2011, operative Jan. 1, 2012; Stats.2012, c. 24 (A.B.1470), § 19, eff. June 27, 2012; Stats.2012, c. 43 (S.B.1023), § 22, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.51


Effective: November 8, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.51. Lewd or lascivious acts with child under age 14; enhancement for prior convictions; term of imprisonment


(a) Any person who is convicted of violating Section 288or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified in subdivision (b).


(b) Section 261, 262,264.1, 269,285, 286, 288, 288a, 288.5, or 289, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses specified in this subdivision.


(c) A violation of Section 288or 288.5 by a person who has been previously convicted two or more times of an offense specified in subdivision (b) shall be punished by imprisonment in the state prison for 15 years to life.


CREDIT(S)



(Added by Stats.1981, c. 1064, p. 4093, § 2. Amended by Stats.1986, c. 1426, § 1; Stats.1989, c. 1402, § 6; Stats.1994, c. 800 (A.B.3191), § 1; Stats.2006, c. 337 (S.B.1128), § 31, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 10, approved Nov. 7, 2006, eff. Nov. 8, 2006).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.6


Effective: November 8, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.6. Prior sex offenses; enhancement of prison terms for new offenses; consecutive terms for certain offenses; test for determining whether crimes against single victim were committed on separate occasions; additional fine for Victim-Witness Assistance Fund


(a) Any person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall receive a five-year enhancement for each of those prior convictions.


(b) Any person who is convicted of an offense specified in subdivision (e) and who has served two or more prior prison terms as defined in Section 667.5 for any of those offenses shall receive a 10-year enhancement for each of those prior terms.


(c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of an offense specified in subdivision (e) if the crimes involve the same victim on the same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment, and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.


(d) A full, separate, and consecutive term shall be imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims or involve the same victim on separate occasions.


In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon his or her actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned his or her opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions.


The term shall be served consecutively to any other term of imprisonment and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.


(e) This section shall apply to the following offenses:


(1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261.


(2) Spousal rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of Section 262.


(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.


(4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 286.


(5) Lewd or lascivious act, in violation of subdivision (b) of Section 288.


(6) Continuous sexual abuse of a child, in violation of Section 288.5.


(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 288a.


(8) Sexual penetration, in violation of subdivision (a) or (g) of Section 289.


(9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220.


(10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.


(f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs established pursuant to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.


CREDIT(S)



(Added by Stats.1979, c. 944, p. 3258, § 10. Amended by Stats.1985, c. 401, § 1, eff. July 30, 1985; Stats.1986, c. 1431, § 1; Stats.1987, c. 1068, § 4; Stats.1988, c. 1185, § 1; Stats.1989, c. 1402, § 7; Stats.1993, c. 127 (S.B.468), § 1; Stats.1994, c. 1188 (S.B.59), § 7; Stats.2002, c. 787 (S.B.1798), § 16; Stats.2006, c. 337 (S.B.1128), § 32, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 11, approved Nov. 7, 2006, eff. Nov. 8, 2006).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.61


Effective: September 29, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.61. Felony sex offenses; punishment; specified circumstances; striking offenses; probation


(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.


(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.


(c) This section shall apply to any of the following offenses:


(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.


(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.


(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.


(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288.


(5) Sexual penetration, in violation of subdivision (a) of Section 289.


(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.


(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a.


(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288.


(9) Continuous sexual abuse of a child, in violation of Section 288.5.


(d) The following circumstances shall apply to the offenses specified in subdivision (c):


(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).


(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).


(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.


(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).


(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.


(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.


(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age.


(e) The following circumstances shall apply to the offenses specified in subdivision (c):


(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.


(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.


(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.


(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.


(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.


(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.


(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).


(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law.


(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.


(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section.


(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.


(j)(1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.


(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.


(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).


(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life.


(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life.


(n) Subdivisions (l) and (m) shall apply to any of the following offenses:


(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261.


(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262.


(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.


(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.


(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.


(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a.


(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.


CREDIT(S)



(Added by Stats.1993-94, 1st Ex.Sess., c. 14 (S.B.26), § 1. Amended by Stats.1997, c. 817 (A.B.59), § 6; Stats.1998, c. 936 (A.B.105), § 9, eff. Sept. 28, 1998; Stats.2006, c. 337 (S.B.1128), § 33, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 12, approved Nov. 7, 2006, eff. Nov. 8, 2006); Stats.2010, c. 219 (A.B.1844), § 16, eff. Sept. 9, 2010; Stats.2011, c. 361 (S.B.576), § 5, eff. Sept. 29, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.7


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.7. Habitual offenders; felonies involving great bodily injury


(a) Any person convicted of a felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7, or personally used force which was likely to produce great bodily injury, who has served two or more prior separate prison terms as defined in Section 667. 5 for the crime of murder; attempted murder; voluntary manslaughter; mayhem; rape by force, violence, or fear of immediate and unlawful bodily injury on the victim or another person; oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; lewd acts on a child under the age of 14 years by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; a violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; kidnapping as punished in former subdivision (d) of Section 208, or for ransom, extortion, or robbery; robbery involving the use of force or a deadly weapon; carjacking involving the use of a deadly weapon; assault with intent to commit murder; assault with a deadly weapon; assault with a force likely to produce great bodily injury; assault with intent to commit rape, sodomy, oral copulation, sexual penetration in violation of Section 289, or lewd and lascivious acts on a child; arson of a structure; escape or attempted escape by an inmate with force or violence in violation of subdivision (a) of Section 4530, or of Section 4532; exploding a destructive device with intent to murder in violation of Section 18745; exploding a destructive device which causes bodily injury in violation of Section 18750, or mayhem or great bodily injury in violation of Section 18755; exploding a destructive device with intent to injure, intimidate, or terrify, in violation of Section 18740; any felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7; or any felony punishable by death or life imprisonment with or without the possibility of parole is a habitual offender and shall be punished as follows:


(1) A person who served two prior separate prison terms shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 20 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046, whichever is greatest. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time.


(2) Any person convicted of a felony specified in this subdivision who has served three or more prior separate prison terms, as defined in Section 667.5, for the crimes specified in subdivision (a) of this section shall be punished by imprisonment in the state prison for life without the possibility of parole.


(b) This section shall not prevent the imposition of the punishment of death or imprisonment for life without the possibility of parole. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.


CREDIT(S)



(Added by Stats.1981, c. 1108, p. 4330, § 1. Amended by Stats.1986, c. 1299, § 8; Stats.1986, c. 1425, § 1; Stats.1986, c. 1440, § 2; Stats.1987, c. 56, § 123; Stats.1993, c. 299 (A.B.178), § 1; Stats.1993, c. 610 (A.B.6), § 11, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 12, eff. Oct. 1, 1993; Stats.1997, c. 817 (A.B.59), § 7; Stats.1998, c. 936 (A.B.105), § 10, eff. Sept. 28, 1998; Stats.2001, c. 854 (S.B.205), § 37; Stats.2006, c. 901 (S.B.1422), § 8; Stats.2010, c. 178 (S.B.1115), § 64, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.70


Effective: October 10, 1999



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.70. Murder; habitual offender sentence; good behavior and participation credits


Any person who is convicted of murder, which was committed prior to June 3, 1998, and sentenced pursuant to paragraph (1) of subdivision (a) of Section 667.7, shall be eligible only for credit pursuant to subdivisions (a), (b), and (c) of Section 2931.


CREDIT(S)



(Added by Stats.1993, c. 576 (S.B.208), § 1. Amended by Stats.1999, c. 706 (A.B.1236), § 8, eff. Oct. 10, 1999.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.71


Effective: November 8, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.71. Habitual sexual offenders; punishment


(a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (c) and who is convicted in the present proceeding of one of those offenses.


(b) A habitual sexual offender shall be punished by imprisonment in the state prison for 25 years to life.


(c) This section shall apply to any of the following offenses:


(1) Rape, in violation of paragraph (2)or (6) of subdivision (a) of Section 261.


(2) Spousal rape, in violation of paragraph (1)or (4) of subdivision (a) of Section 262.


(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.


(4) Lewd or lascivious act, in violation of subdivision (a) or (b) of Section 288.


(5) Sexual penetration, in violation of subdivision (a)or (j) of Section 289.


(6) Continuous sexual abuse of a child, in violation of Section 288.5.


(7) Sodomy, in violation of subdivision (c)or (d) of Section 286.


(8) Oral copulation, in violation of subdivision (c) or (d) of Section 288a.


(9) Kidnapping, in violation of subdivision (b) of Section 207.


(10) Kidnapping, in violation of former subdivision (d) of Section 208 (kidnapping to commit specified sex offenses).


(11) Kidnapping, in violation of subdivision (b) of Section 209 with the intent to commit a specified sexual offense.


(12) Aggravated sexual assault of a child, in violation of Section 269.


(13) An offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.


(d) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any prior conviction specified in subdivision (c) for any person who is subject to punishment under this section.


(e) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section.


(f) This section shall apply only if the defendant's status as a habitual sexual offender is alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact.


CREDIT(S)



(Added by Stats.1993, c. 590 (S.B.41), § 2. Amended by Stats.1994, c. 446 (A.B.2261), § 1; Stats.1994, c. 447 (A.B.1029), § 2; Stats.1993-94, 1st Ex.Sess., c. 14 (S.B.26), § 2; Stats.1997, c. 817 (A.B.59), § 8; Stats.1998, c. 925 (A.B.1290), § 3; Stats.2000, c. 287 (S.B.1955), § 10; Stats.2006, c. 337 (S.B.1128), § 34, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 13, approved Nov. 7, 2006, eff. Nov. 8, 2006).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.72


Effective: October 10, 1999



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.72. Repealed by Stats.1999, c. 706 (A.B.1236), § 9, eff. Oct. 10, 1999


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.75


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.75. Drug offenses involving minors; habitual offenders; life sentence


Any person convicted of a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who has previously served two or more prior separate prison terms, as defined in Section 667.5, for a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code, may be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 17 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, whichever is greatest. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.


CREDIT(S)



(Added by Stats.1987, c. 729, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.8


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.8. Kidnapping victims to commit felony sexual offenses; victims under 14 years of age at time offense committed; additional terms


(a) Except as provided in subdivision (b), any person convicted of a felony violation of Section 261, 262, 264.1, 286, 288a, or 289 who, for the purpose of committing that sexual offense, kidnapped the victim in violation of Section 207or 209, shall be punished by an additional term of nine years.


(b) Any person convicted of a felony violation of subdivision (c) of Section 286, Section 288, or subdivision (c) of Section 288a who, for the purpose of committing that sexual offense, kidnapped the victim, who was under the age of 14 years at the time of the offense, in violation of Section 207or 209, shall be punished by an additional term of 15 years. This subdivision is not applicable to conduct proscribed by Section 277, 278, or 278.5.


(c) The following shall govern the imposition of an enhancement pursuant to this section:


(1) Only one enhancement shall be imposed for a victim per incident.


(2) If there are two or more victims, one enhancement can be imposed for each victim per incident.


(3) The enhancement may be in addition to the punishment for either, but not both, of the following:


(A) A violation of Section 207or 209.


(B) A violation of the sexual offenses enumerated in this section.


CREDIT(S)



(Added by Stats.1983, c. 950, § 1. Amended by Stats.1986, c. 249, § 8, eff. July 3, 1986; Stats.1993-94, 1st Ex.Sess., c. 18 (A.B.19), § 1; Stats.1994, c. 1188 (S.B.59), § 8.5; Stats.1997, c. 817 (A.B.59), § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.83


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.83. Repealed by Stats.1997, c. 817 (A.B.59), § 10, operative Jan. 1, 1999


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.85


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.85. Kidnapping child under age of 14 years; additional term


Any person convicted of a violation of Section 207or 209, who kidnapped or carried away any child under the age of 14 years with the intent to permanently deprive the parent or legal guardian custody of that child, shall be punished by imprisonment in the state prison for an additional five years.


CREDIT(S)



(Added by Stats.1985, c. 1384, § 1. Amended by Stats.1997, c. 817 (A.B.59), § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.9


Effective: January 1, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.9. Conviction of certain crimes against persons 65 years of age or older, blind, deaf, developmentally disabled, paraplegic, quadriplegic, or under the age of 14 years; prior conviction; sentence enhancements


(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.


(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.


(c) Subdivisions (a) and (b) apply to the following crimes:


(1) Mayhem, in violation of Section 203 or 205.


(2) Kidnapping, in violation of Section 207, 209, or 209.5.


(3) Robbery, in violation of Section 211.


(4) Carjacking, in violation of Section 215.


(5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.


(6) Spousal rape, in violation ofparagraph (1) or (4) of subdivision (a) of Section 262.


(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1.


(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.


(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a.


(10) Sexual penetration, in violation of subdivision (a) of Section 289.


(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.


(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:


(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.


(2) Likely to continue indefinitely.


(3) Results in substantial functional limitation in three or more of the following areas of life activity:


(A) Self-care.


(B) Receptive and expressive language.


(C) Learning.


(D) Mobility.


(E) Self-direction.


(F) Capacity for independent living.


(G) Economic self-sufficiency.


CREDIT(S)



(Added by Stats.1985, c. 1086, § 2. Amended by Stats.1986, c. 1299, § 9; Stats.1987, c. 1462, § 1; Stats.1992, c. 265 (S.B.1288), § 2; Stats.1992, c. 741 (A.B.1611), § 1.5; Stats.1993, c. 610 (A.B.6), § 12, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 13, eff. Oct. 1, 1993; Stats.1994, c. 224 (S.B.1436), § 1; Stats.1994, c. 1188 (S.B.59), § 9; Stats.1999, c. 569 (A.B.313), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.10


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.10. Conviction of offense set forth in § 289 against specified persons; sentence enhancement


(a) Any person who has a prior conviction of the offense set forth in Section 289 and who commits that crime against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, as defined in subdivision (d) of Section 667.9, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 289.


(b) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.


CREDIT(S)



(Added by Stats.1985, c. 1086, § 3. Amended by Stats.1992, c. 265 (S.B.1288), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.15


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.15. Sex offenses involving minors; exhibition of sexually-explicit material during the commission or attempted commission of the offense; intent: sentence enhancement upon conviction


Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any matter, as defined in subdivision (d) of Section 311.11, the production of which involves the use of a person under the age of 14 years, knowing that the matter depicts a person under the age of 14 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the minor, or with the intent, or for the purpose, of seducing the minor, shall be punished for a violation of this section as follows:


(a) If convicted of the commission or attempted commission of a violation of Section 288, the adult shall receive an additional term of one year, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.


(b) If convicted of the commission or attempted commission of a violation of Section 288.5, the adult shall receive an additional term of two years, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.5.


CREDIT(S)



(Added by Stats.1993, c. 591 (A.B.25), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.16


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.16. Natural disasters; fraudulent activities involving repairs of residential or nonresidential structures; sentence enhancements


(a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall receive a one-year enhancement in addition and consecutive to the penalty prescribed. The additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.


(b) This enhancement applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.


(c) Notwithstanding any other law, the court may strike the additional term provided in subdivision (a) if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.


CREDIT(S)



(Added by Stats.1994, c. 175 (S.B.634), § 5, eff. July 11, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.17


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.17. Impersonating an officer; wearing badge, etc.; punishment


Any person who violates the provisions of Section 538d during the commission of a felony shall receive an additional one-year term of imprisonment to be imposed consecutive to the term imposed for the felony, in lieu of the penalty that would have been imposed under Section 538d.


CREDIT(S)



(Added by Stats.1998, c. 279 (S.B.1390), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 667.21


Effective: November 4, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 667.21. Rejected, eff. Nov. 4, 2008


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 668


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 668. Prior foreign conviction; punishment for subsequent offense


Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, that person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if that prior conviction had taken place in a court of this state. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term or a term pursuant to subdivision (h) of Section 1170.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1927, c. 633, p. 1065, § 1; Stats.1951, c. 671, p. 1879, § 1; Stats.1976, c. 1139, p. 5139, § 269, operative July 1, 1977; Stats.1994, c. 179 (A.B.3591), § 1, eff. July 11, 1994; Stats.1999, c. 350 (S.B.786), § 1, eff. Sept. 7, 1999; Stats.2011, c. 15 (A.B.109), § 444, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 668.5


Effective: September 7, 1999



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 668.5. Prior felony convictions under predecessor statutes


An offense specified as a prior felony conviction by reference to a specific code section shall include any prior felony conviction under any predecessor statute of that specified offense that includes all of the elements of that specified offense. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term.


CREDIT(S)



(Added by Stats.1999, c. 350 (S.B.786), § 2, eff. Sept. 7, 1999.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 669


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 669. Conviction of multiple offenses; direction for concurrent or consecutive terms; life term; proceeding on discovery of prior conviction after sentence for subsequent offense; duty of Department of Corrections and Rehabilitation


(a) When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same judge or by different judges, the second or other subsequent judgment upon which sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run concurrently or consecutively. Life sentences, whether with or without the possibility of parole, may be imposed to run consecutively with one another, with any term imposed for applicable enhancements, or with any other term of imprisonment for a felony conviction. Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first and no part thereof shall be credited toward the person's eligibility for parole as calculated pursuant to Section 3046 or pursuant to any other section of law that establishes a minimum period of confinement under the life sentence before eligibility for parole.


(b) In the event that the court at the time of pronouncing the second or other judgment upon that person had no knowledge of a prior existing judgment or judgments, or having knowledge, fails to determine how the terms of imprisonment shall run in relation to each other, then, upon that failure to determine, or upon that prior judgment or judgments being brought to the attention of the court at any time prior to the expiration of 60 days from and after the actual commencement of imprisonment upon the second or other subsequent judgments, the court shall, in the absence of the defendant and within 60 days of the notice, determine how the term of imprisonment upon the second or other subsequent judgment shall run with reference to the prior incompleted term or terms of imprisonment. Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently.


(c) The Department of Corrections and Rehabilitation shall advise the court pronouncing the second or other subsequent judgment of the existence of all prior judgments against the defendant, the terms of imprisonment of which have not been completely served.


(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1927, c. 626, p. 1056, § 1; Stats.1931, c. 481, p. 1052, § 4; Stats.1935, c. 576, p. 1670, § 1; Stats.1941, c. 742, p. 2262, § 1; Stats.1943, c. 219, p. 1122, § 1; Stats.1978, c. 579, p. 1987, § 28; Stats.1985. c. 463, § 1; Stats.1987, c. 706, § 1; Stats.1987, c. 1423, § 1.5; Stats.1988, c. 1484, § 2; Stats.1992, c. 133 (A.B.2155), § 1; Stats.1997, c. 750 (S.B.721), § 1; Stats.2012, c. 43 (S.B.1023), § 23, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 670


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 670. State of emergency; fraud of owners or lessees of residential or nonresidential structures; penalties


(a) Any person who violates Section 7158 or 7159 of, or subdivision (b), (c), (d), or (e) of Section 7161 of, the Business and Professions Code or Section 470, 484, 487, or 532 of this code as part of a plan or scheme to defraud an owner or lessee of a residential or nonresidential structure in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster specified in subdivision (b), shall be subject to the penalties and enhancements specified in subdivisions (c) and (d). The existence of any fact which would bring a person under this section shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury.


(b) This section applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.


(c) The maximum or prescribed amounts of fines for offenses subject to this section shall be doubled. If the person has been previously convicted of a felony offense specified in subdivision (a), the person shall receive a one-year enhancement in addition to, and to run consecutively to, the term of imprisonment for any felony otherwise prescribed by this subdivision.


(d) Additionally, the court shall order any person sentenced pursuant to this section to make full restitution to the victim or to make restitution to the victim based on the person's ability to pay, as defined in subdivision (b) of Section 1203.1b. The payment of the restitution ordered by the court pursuant to this subdivision shall be made a condition of any probation granted by the court for an offense punishable under this section. Notwithstanding any other provision of law, the period of probation shall be at least five years or until full restitution is made to the victim, whichever first occurs.


(e) Notwithstanding any other provision of law, the prosecuting agency shall be entitled to recover its costs of investigation and prosecution from any fines imposed for a conviction under this section.


CREDIT(S)



(Added by Stats.1989-1990, 1st Ex.Sess., c. 36 (A.B.9), § 4, eff. Sept. 24, 1990. Amended by Stats.2001, c. 854 (S.B.205), § 38.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 671


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 671. Repealed by Stats.1976, c. 1139, p. 5139, § 270, operative July 1, 1977


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 672


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 672. Offenses for which no fine prescribed; fine authorized in addition to imprisonment


Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1949, c. 670, p. 1169, § 1; Stats.1983, c. 1092, § 320, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 673


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 673. Cruel, corporal or unusual punishments; treatment impairing health


It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any other state, county, or city institution any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate, or person confined; and punishment by the use of the strait jacket, gag, thumbscrew, shower bath or the tricing up of a prisoner, inmate or person confined is hereby prohibited. Any person who violates the provisions of this section or who aids, abets, or attempts in any way to contribute to the violation of this section shall be guilty of a misdemeanor.


CREDIT(S)



(Formerly § 681, added by Stats.1913, c. 583, p. 1010, § 1. Amended by Stats.1933, c. 919, p. 2396, § 1; Stats.1941, c. 106, p. 1083, § 12. Renumbered § 673 and amended by Stats.1953, c. 615, p. 1861, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 674


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 674. Day care facility providers; conviction of specified sex offenses on minors; additional penalty


(a) Any person who is a primary care provider in a day care facility and who is convicted of a felony violation of Section 261, 285, 286, 288, 288a, or 289, where the victim of the crime was a minor entrusted to his or her care by the minor's parent or guardian, a court, any public agency charged with the provision of social services, or a probation department, may be punished by an additional term of two years.


(b) If the crime described in subdivision (a) was committed while voluntarily acting in concert with another, the person so convicted may be punished by an additional term of three years.


(c) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement.


CREDIT(S)



(Added by Stats.1985, c. 1010, § 1. Amended by Stats.1995, c. 377 (S.B.1095), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 675


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 675. Additional term of imprisonment for specified sexual offenses committed with minor for money or other consideration


(a) Any person suffering a felony conviction for a violation of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 286, subdivision (a) or paragraph (1) of subdivision (c) of Section 288, or paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 288a, where the offense was committed with a minor for money or other consideration, is punishable by an additional term of imprisonment in the state prison of one year.


(b) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement.


CREDIT(S)



(Added by Stats.2004, c. 769 (A.B.3042), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 676


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§§ 676, 677. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 677


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§§ 676, 677. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 678


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 16. General Provisions

§ 678. Grade or punishment of offense dependent upon value; estimation in lawful money


Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in lawful money of the United States.


CREDIT(S)



(Added by Code Am.1873-74, c. 614, p. 435, § 39. Amended by Stats.1953, c. 616, p. 1862, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 1, T. 17, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679. Legislative intent


In recognition of the civil and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the Legislature declares its intent, in the enactment of this title, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity. It is the further intent that the rights enumerated in Section 679.02 relating to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants. It is the intent of the Legislature to add to Section 679.02 references to new rights as or as soon after they are created. The failure to enumerate in that section a right which is enumerated elsewhere in the law shall not be deemed to diminish the importance or enforceability of that right.


CREDIT(S)



(Added by Stats.1986, c. 1427, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.01


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.01. Definitions


As used in this title, the following definitions shall control:


(a) “Crime” means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony.


(b) “Victim” means a person against whom a crime has been committed.


(c) “Witness” means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.


CREDIT(S)



(Added by Stats.1986, c. 1427, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.02


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.02. Statutory rights of victims and witnesses of crimes


(a) The following are hereby established as the statutory rights of victims and witnesses of crimes:


(1) To be notified as soon as feasible that a court proceeding to which he or she has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.


(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case, as provided by Section 11116.10.


(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express his or her views, have those views preserved by audio or video means as provided in Section 1191.16, and to have the court consider his or her statements, as provided by Sections 1191.1 and 1191.15.


(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express his or her views, as provided by Section 656.2 of the Welfare and Institutions Code.


(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear, either personally as provided by Section 3043 of this code, or by other means as provided by Sections 3043.2 and 3043.25 of this code, to reasonably express his or her views, and to have his or her statements considered, as provided by Section 3043 of this code and by Section 1767 of the Welfare and Institutions Code.


(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape as provided by Section 11155.


(7) To be notified that he or she may be entitled to witness fees and mileage, as provided by Section 1329.1.


(8) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and Section 1191.2 of this code.


(9) To the expeditious return of his or her property which has allegedly been stolen or embezzled, when it is no longer needed as evidence, as provided by Chapter 12 (commencing with Section 1407) and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.


(10) To an expeditious disposition of the criminal action.


(11) To be notified, if applicable, in accordance with Sections 679.03 and 3058.8 if the defendant is to be placed on parole.


(12) For the victim, upon request, to be notified of any pretrial disposition of the case, to the extent required by Section 28 of Article I of the California Constitution.


(A) A victim may request to be notified of a pretrial disposition.


(B) The victim may be notified by any reasonable means available.


Nothing in this paragraph is intended to affect the right of the people and the defendant to an expeditious disposition as provided in Section 1050.


(13) For the victim, to be notified by the district attorney's office of the right to request, upon a form provided by the district attorney's office, and receive a notice pursuant to paragraph (14), if the defendant is convicted of any of the following offenses:


(A) Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289, in violation of Section 220.


(B) A violation of Section 207 or 209 committed with the intent to commit a violation of Section 261, 262, 286, 288, 288a, or 289.


(C) Rape, in violation of Section 261.


(D) Oral copulation, in violation of Section 288a.


(E) Sodomy, in violation of Section 286.


(F) A violation of Section 288.


(G) A violation of Section 289.


(14) When a victim has requested notification pursuant to paragraph (13), the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.


(b) The rights set forth in subdivision (a) shall be set forth in the information and educational materials prepared pursuant to Section 13897.1. The information and educational materials shall be distributed to local law enforcement agencies and local victims' programs by the Victims' Legal Resource Center established pursuant to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.


(c) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.


(d) Nothing in this section is intended to affect the rights and services provided to victims and witnesses by the local assistance centers for victims and witnesses.


(e) The court shall not release statements, made pursuant to paragraph (3) or (4) of subdivision (a), to the public prior to the statement being heard in court.


CREDIT(S)



(Added by Stats.1986, c. 1427, § 1. Amended by Stats.1988, c. 33, § 1; Stats.1988, c. 137, § 1; Stats.1995, c. 411 (S.B.221), § 2; Stats.1997, c. 902 (A.B.152), § 1; Stats.1998, c. 928 (A.B.1927), § 2; Stats.2009-2010, 4th Ex.Sess., c. 12 (A.B.12), § 28, eff. July 28, 2009; Stats.2011, c. 77 (A.B.886), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.026


Effective: November 5, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.026. Informing crime victims of their rights; implementation


(a) It is the intent of the people of the State of California in enacting this section to implement the rights of victims of crime established in Section 28 of Article I of the California Constitution to be informed of the rights of crime victims enumerated in the Constitution and in the statutes of this state.


(b) Every victim of crime has the right to receive without cost or charge a list of the rights of victims of crime recognized in Section 28 of Article I of the California Constitution. These rights shall be known as “Marsy Rights.”


(c)(1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Marsy Rights” card described in paragraphs (3) and (4).


(2) The victim disclosures required under this section shall be available to the public at a state funded and maintained Web site authorized pursuant to Section 14260 of the Penal Code to be known as “Marsy's Page.”


(3) The Attorney General shall design and make available in “.pdf” or other imaging format to every agency listed in paragraph (1) a “Marsy Rights” card, which shall contain the rights of crime victims described in subdivision (b) of Section 28 of Article I of the California Constitution, information on the means by which a crime victim can access the web page described in paragraph (2), and a toll-free telephone number to enable a crime victim to contact a local victim's assistance office.


(4) Every law enforcement agency which investigates criminal activity shall, if provided without cost to the agency by any organization classified as a nonprofit organization under paragraph (3) of subdivision (c) of Section 501 of the Internal Revenue Code, make available and provide to every crime victim a “Victims' Survival and Resource Guide” pamphlet and/or video that has been approved by the Attorney General. The “Victims' Survival and Resource Guide” and video shall include an approved “Marsy Rights” card, a list of government agencies, nonprofit victims' rights groups, support groups, and local resources that assist crime victims, and any other information which the Attorney General determines might be helpful to victims of crime.


(5) Any agency described in paragraph (1) may in its discretion design and distribute to each victim of a criminal act its own Victims' Survival and Resource Guide and video, the contents of which have been approved by the Attorney General, in addition to or in lieu of the materials described in paragraph (4).


CREDIT(S)



(Added by Initiative Measure (Prop. 9, § 6.1, approved Nov. 4, 2008, eff. Nov. 5, 2008).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.03


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.03. Violent offense; notice to witnesses, victims, and next of kin of right to notice of offender's release or scheduled execution


(a) With respect to the conviction of a defendant involving a violent offense, as defined in Section 29905, the county district attorney, probation department, and victim-witness coordinator shall confer and establish an annual policy within existing resources to decide which one of their agencies shall inform each witness involved in the conviction who was threatened by the defendant following the defendant's arrest and each victim or next of kin of the victim of that offense of the right to request and receive a notice pursuant to Section 3058.8 or 3605. If no agreement is reached, the presiding judge shall designate the appropriate county agency or department to provide this notification.


(b) The Department of Corrections and Rehabilitation shall supply a form to the agency designated pursuant to subdivision (a) in order to enable persons specified in subdivision (a) to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. That agency shall give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. The department or the Board of Parole Hearings is responsible for notifying all victims, witnesses, or next of kin of victims who request to be notified of a violent offender's release or scheduled execution, as provided by Sections 3058.8 and 3605.


(c) All information relating to any person receiving notice pursuant to subdivision (b) shall remain confidential and is not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).


(d) Nothing in this section precludes a victim, witness, or next of kin of the victim from requesting notification using an automated electronic notification process, if available.


CREDIT(S)



(Added by Stats.1988, c. 137, § 2. Amended by Stats.1989, c. 624, § 1; Stats.1996, c. 885 (A.B.2328), § 1; Stats.1997, c. 100 (A.B.566), § 1; Stats.2010, c. 178 (S.B.1115), § 65, operative Jan. 1, 2012; Stats.2011, c. 364 (S.B.852), § 2, eff. Sept. 29, 2011, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.04


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.04. Victim of sexual assault; right to advocate and support person


(a) A victim of sexual assault as the result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 has the right to have victim advocates and a support person of the victim's choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “victim advocate” means a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a victim advocate working in a center established under Article 2 (commencing with Section 13835) of Chapter 4 of Title 6 of Part 4.


(b)(1) Prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of any offense specified in Section 264.2 shall be notified orally or in writing by the attending law enforcement authority or district attorney that the victim has the right to have victim advocates and a support person of the victim's choosing present at the interview or contact. This subdivision applies to investigators and agents employed or retained by law enforcement or the district attorney.


(2) At the time the victim is advised of his or her rights pursuant to paragraph (1), the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney.


(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section.


CREDIT(S)



(Added by Stats.1996, c. 1075 (S.B.1444), § 16. Amended by Stats.1997, c. 846 (A.B.807), § 2, eff. Oct. 10, 1997; Stats.1998, c. 456 (A.B.1115), § 2; Stats.2006, c. 689 (S.B.1743), § 12.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.05


Effective: January 1, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.05. Right to have domestic violence or abuse advocates present at interviews with law enforcement authorities; notice


(a) A victim of domestic violence or abuse, as defined in Sections 6203 or 6211 of the Family Code, or Section 13700 of the Penal Code, has the right to have a domestic violence advocate and a support person of the victim's choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the prosecutor if the law enforcement authority or the prosecutor determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “domestic violence advocate” means either a person employed by a program specified in Section 13835.2 for the purpose of rendering advice or assistance to victims of domestic violence, or a domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. Prior to being present at any interview conducted by law enforcement authorities, prosecutors, or defense attorneys, a domestic violence advocate shall advise the victim of any applicable limitations on the confidentiality of communications between the victim and the domestic violence advocate.


(b)(1) Prior to the commencement of the initial interview by law enforcement authorities or the prosecutor pertaining to any criminal action arising out of a domestic violence incident, a victim of domestic violence or abuse, as defined in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a domestic violence advocate and a support person of the victim's choosing present at the interview or contact. This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.


(2) At the time the victim is advised of his or her rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a domestic violence advocate and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney.


(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section.


CREDIT(S)



(Added by Stats.2004, c. 159 (S.B.1441), § 1. Amended by Stats.2005, c. 279 (S.B.1107), § 6; Stats.2005, c. 22 (S.B.1108), § 149; Stats.2007, c. 206 (S.B.407), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679.08


Effective: January 1, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679.08. Victim's Rights Card


(a)(1) Whenever there has been a crime committed against a victim, the law enforcement officer assigned to the case may provide the victim of the crime with a “Victim's Rights Card,” as specified in subdivision (b).


(2) This section shall be operative in a city or county only upon the adoption of a resolution by the city council or board of supervisors to that effect.


(3) This section shall not be interpreted as replacing or prohibiting any services currently offered to victims of crime by any agency or person affected by this section.


(b) A “Victim's Rights Card” means a card or paper that provides a printed notice with a disclaimer, in at least 10-point type, to a victim of a crime regarding potential services that may be available under existing state law to assist the victim. The printed notice shall include the following language or language substantially similar to the following:


“California law provides crime victims with important rights. If you are a victim of crime, you may be entitled to the assistance of a victim advocate who can answer many of the questions you might have about the criminal justice system.”


“Victim advocates can assist you with the following:


(1) Explaining what information you are entitled to receive while criminal proceedings are pending.


(2) Assisting you in applying for restitution to compensate you for crime-related losses.


(3) Communicating with the prosecution.


(4) Assisting you in receiving victim support services.


(5) Helping you prepare a victim impact statement before an offender is sentenced.”


“To speak with a victim advocate, please call any of the following numbers:”


[Set forth the name and phone number, including area code, of all victim advocate agencies in the local jurisdiction]


“PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO ASSIST THE VICTIM, BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM'S RIGHTS OR OF A VICTIM'S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC BENEFITS OR SERVICES.”


(c) Any act or omission covered by this section is a discretionary act pursuant to Section 820.2 of the Government Code.


CREDIT(S)



(Added by Stats.2006, c. 94 (A.B.2705), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 679a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 679a. Repealed by Stats.1941, c. 893, § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 680


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 17. Rights of Victims and Witnesses of Crime (Refs & Annos)

§ 680. Sexual Assault Victims' DNA Bill of Rights


(a) This section shall be known as and may be cited as the “Sexual Assault Victims' DNA Bill of Rights.”


(b) The Legislature finds and declares all of the following:


(1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a powerful law enforcement tool for identifying and prosecuting sexual assault offenders.


(2) Victims of sexual assaults have a strong interest in the investigation and prosecution of their cases.


(3) Law enforcement agencies have an obligation to victims of sexual assaults in the proper handling, retention and timely DNA testing of rape kit evidence or other crime scene evidence and to be responsive to victims concerning the developments of forensic testing and the investigation of their cases.


(4) The growth of the Department of Justice's Cal-DNA databank and the national databank through the Combined DNA Index System (CODIS) makes it possible for many sexual assault perpetrators to be identified after their first offense, provided that rape kit evidence is analyzed in a timely manner.


(5) Timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. It is the intent of the Legislature, in order to further public safety, to encourage DNA analysis of rape kit evidence within the time limits imposed by subparagraphs (A) and (B) of paragraph (1) of subdivision (i) of Section 803.


(6) A law enforcement agency assigned to investigate a sexual assault offense specified in Section 261, 261.5, 262, 286, 288a, or 289 should perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner in order to assure the longest possible statute of limitations, pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (i) of Section 803.


(7) For the purpose of this section, “law enforcement” means the law enforcement agency with the primary responsibility for investigating an alleged sexual assault.


(c)(1) Upon the request of a sexual assault victim the law enforcement agency investigating a violation of Section 261, 261.5, 262, 286, 288a, or 289 may inform the victim of the status of the DNA testing of the rape kit evidence or other crime scene evidence from the victim's case. The law enforcement agency may, at its discretion, require that the victim's request be in writing. The law enforcement agency may respond to the victim's request with either an oral or written communication, or by electronic mail, if an electronic mail address is available. Nothing in this subdivision requires that the law enforcement agency communicate with the victim or the victim's designee regarding the status of DNA testing absent a specific request from the victim or the victim's designee.


(2) Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims have the following rights:


(A) The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of the rape kit evidence or other crime scene evidence from their case.


(B) The right to be informed whether or not the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence has been entered into the Department of Justice Data Bank of case evidence.


(C) The right to be informed whether or not there is a match between the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Department of Justice Convicted Offender DNA Data Base, provided that disclosure would not impede or compromise an ongoing investigation.


(3) This subdivision is intended to encourage law enforcement agencies to notify victims of information which is in their possession. It is not intended to affect the manner of or frequency with which the Department of Justice provides this information to law enforcement agencies.


(d) If the law enforcement agency elects not to analyze DNA evidence within the time limits established by subparagraphs (A) and (B) of paragraph (1) of subdivision (i) of Section 803, a victim of a sexual assault offense specified in Section 261, 261.5, 262, 286, 288a, or 289, where the identity of the perpetrator is in issue, shall be informed, either orally or in writing, of that fact by the law enforcement agency.


(e) If the law enforcement agency intends to destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case prior to the expiration of the statute of limitations as set forth in Section 803, a victim of a violation of Section 261, 261.5, 262, 286, 288a, or 289 shall be given written notification by the law enforcement agency of that intention.


(f) Written notification under subdivision (d) or (e) shall be made at least 60 days prior to the destruction or disposal of the rape kit evidence or other crime scene evidence from an unsolved sexual assault case where the election not to analyze the DNA or the destruction or disposal occurs prior to the expiration of the statute of limitations specified in subdivision (i) of Section 803.


(g) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim's choosing, to act as a recipient of the above information required to be provided by this section.


(h) It is the intent of the Legislature that a law enforcement agency responsible for providing information under subdivision (c) do so in a timely manner and, upon request of the victim or the victim's designee, advise the victim or the victim's designee of any significant changes in the information of which the law enforcement agency is aware. In order to be entitled to receive notice under this section, the victim or the victim's designee shall keep appropriate authorities informed of the name, address, telephone number, and electronic mail address of the person to whom the information should be provided, and any changes of the name, address, telephone number, and electronic mail address, if an electronic mailing address is available.


(i) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside.


(j) The sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under this section is standing to file a writ of mandamus to require compliance with subdivision (d) or (e).


CREDIT(S)



(Added by Stats.2003, c. 537 (A.B.898), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Preliminary Provisions



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 681


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 681. Punishment; imposition only upon legal conviction


NO PERSON PUNISHABLE BUT ON LEGAL CONVICTION. No person can be punished for a public offense, except upon a legal conviction in a Court having jurisdiction thereof.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 681a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 681a. Repealed by Stats.1959, c. 1693, p. 4092, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 682


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 682. Prosecution by indictment or information; exceptions


Every public offense must be prosecuted by indictment or information, except:


1. Where proceedings are had for the removal of civil officers of the state;


2. Offenses arising in the militia when in actual service, and in the land and naval forces in the time of war, or which the state may keep, with the consent of Congress, in time of peace;


3. Misdemeanors and infractions;


4. A felony to which the defendant has pleaded guilty to the complaint before a magistrate, where permitted by law.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 10, § 1; Stats.1911, c. 53, p. 68, § 1; Stats.1935, c. 217, p. 873, § 1; Stats.1951, c. 1608, p. 3613, § 9; Stats.1998, c. 931 (S.B.2139), § 353, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 683


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 683. Criminal action defined


CRIMINAL ACTION DEFINED. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 684


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 684. Parties; people as prosecuting party


PARTIES TO A CRIMINAL ACTION. A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 685


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 685. Parties; defendant


THE PARTY PROSECUTED KNOWN AS DEFENDANT. The party prosecuted in a criminal action is designated in this Code as the defendant.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 686


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 686. Defendants' rights; speedy and public trial; counsel; production of witnesses; confronting adverse witnesses; hearsay evidence; depositions


In a criminal action the defendant is entitled:


1. To a speedy and public trial.


2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel, except that in a capital case he shall be represented in court by counsel at all stages of the preliminary and trial proceedings.


3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that:


(a) Hearsay evidence may be admitted to the extent that it is otherwise admissible in a criminal action under the law of this state.


(b) The deposition of a witness taken in the action may be read to the extent that it is otherwise admissible under the law of this state.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1911, c. 187, p. 364, § 1; Stats.1965, c. 299, p. 1368, § 139, operative Jan. 1, 1967; Stats.1971, c. 1800, p. 3897, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 686.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 686.1. Capital cases; representation by counsel at all stages of preliminary and trial proceedings


Notwithstanding any other provision of law, the defendant in a capital case shall be represented in court by counsel at all stages of the preliminary and trial proceedings.


CREDIT(S)



(Added by Stats.1971, c. 1800, p. 3898, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 686.2


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 686.2. Removal of spectators intimidating witnesses


(a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is intimidating a witness.


(b) The court may order the removal of a spectator only if it finds all of the following by clear and convincing evidence:


(1) The spectator to be removed is actually engaging in intimidation of the witness.


(2) The witness will not be able to give full, free, and complete testimony unless the spectator is removed.


(3) Removal of the spectator is the only reasonable means of ensuring that the witness may give full, free, and complete testimony.


(c) Subdivision (a) shall not be used as a means of excluding the press or a defendant from attendance at any portion of a criminal proceeding.


CREDIT(S)



(Added by Stats.1990, c. 785 (S.B.1917), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 686.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 686.5. Release or acquittal of person arrested; return to place of arrest


In any case in which a person is arrested and released without trial or in which a person is arrested, tried, and acquitted, if such person is indigent and is released or acquitted at a place to which he has been transported by the arresting agency and which is more than 25 airline miles from the place of his arrest, the arresting agency shall, at his request, return or provide for return of such person to the place of his arrest.


CREDIT(S)



(Added by Stats.1967, c. 1096, p. 2736, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 687


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 687. Double jeopardy


SECOND PROSECUTION FOR THE SAME OFFENSE PROHIBITED. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 688


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 688. Unnecessary restraint


No person charged with a public offense may be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1965, c. 299, p. 1368, § 140, operative Jan. 1, 1967.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 689


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 689. Conviction only by verdict, finding, or plea


No person can be convicted of a public offense unless by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived, or by a plea of guilty.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 7, p. 4, § 1; Stats.1931, c. 1211, p. 2569, § 1; Stats.1951, c. 1674, p. 3830, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 690


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 690. Applicability of part; exception


The provisions of Part 2 (commencing with Section 681) shall apply to all criminal actions and proceedings in all courts, except where jurisdictional limitations or the nature of specific provisions prevent, or special provision is made for particular courts or proceedings.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3830, § 3. Amended by Stats.1987, c. 828, § 46.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 691


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Preliminary Provisions (Refs & Annos)

§ 691. Words and phrases


The following words have in Part 2 (commencing with Section 681) the signification attached to them in this section, unless it is otherwise apparent from the context:


(a) The words “competent court” when used with reference to the jurisdiction over any public offense, mean any court the subject matter jurisdiction of which includes the offense so mentioned.


(b) The words “jurisdictional territory” when used with reference to a court, mean the city and county, county, city, township, or other limited territory over which the criminal jurisdiction of the court extends, as provided by law, and in case of a superior court mean the county in which the court sits.


(c) The words “accusatory pleading” include an indictment, an information, an accusation, and a complaint.


(d) The words “prosecuting attorney” include any attorney, whether designated as district attorney, city attorney, city prosecutor, prosecuting attorney, or by any other title, having by law the right or duty to prosecute, on behalf of the people, any charge of a public offense.


(e) The word “county” includes county, city and county, and city.


(f) “Felony case” means a criminal action in which a felony is charged and includes a criminal action in which a misdemeanor or infraction is charged in conjunction with a felony.


(g) “Misdemeanor or infraction case” means a criminal action in which a misdemeanor or infraction is charged and does not include a criminal action in which a felony is charged in conjunction with a misdemeanor or infraction.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3830, § 4. Amended by Stats.1965, c. 156, p. 1111, § 1; Stats.1987, c. 828, § 47; Stats.1998, c. 931 (S.B.2139), § 354, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 692


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 1. Of Lawful Resistance

§ 692. Parties authorized


LAWFUL RESISTANCE, BY WHOM MADE. Lawful resistance to the commission of a public offense may be made:


1. By the party about to be injured;


2. By other parties.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 693


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 1. Of Lawful Resistance

§ 693. Party about to be injured; circumstances in which authorized


BY THE PARTY, IN WHAT CASES AND TO WHAT EXTENT. Resistance sufficient to prevent the offense may be made by the party about to be injured:


1. To prevent an offense against his person, or his family, or some member thereof.


2. To prevent an illegal attempt by force to take or injure property in his lawful possession.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 694


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 1. Of Lawful Resistance

§ 694. Other parties; circumstances in which authorized


BY OTHER PARTIES, IN WHAT CASES. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 697


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 2. Of the Intervention of the Officers of Justice

§ 697. Methods


INTERVENTION OF OFFICERS, IN WHAT CASES. Public offenses may be prevented by the intervention of the officers of justice:


1. By requiring security to keep the peace;


2. By forming a police in cities and towns, and by requiring their attendance in exposed places;


3. By suppressing riots.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 698


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 2. Of the Intervention of the Officers of Justice

§ 698. Justification of persons aiding officers


PERSONS ACTING IN THEIR AID JUSTIFIED. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 1, Ch. 3, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 701


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 701. Information of threatened offense


INFORMATION OF THREATENED OFFENSE. An information may be laid before any of the magistrates mentioned in Section 808, that a person has threatened to commit an offense against the person or property of another.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 701.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 701.5. Use of minor informants; conditions


(a) Notwithstanding subdivision (b), no peace officer or agent of a peace officer shall use a person who is 12 years of age or younger as a minor informant.


(b) No peace officer or agent of a peace officer shall use a person under the age of 18 years as a minor informant, except as authorized pursuant to the Stop Tobacco Access to Kids Enforcement Act (Division 8.5 (commencing with Section 22950) of the Business and Professions Code) for the purposes of that act, unless the peace officer or agent of a peace officer has obtained an order from the court authorizing the minor's cooperation.


(c) Prior to issuing any order pursuant to subdivision (b), the court shall find, after consideration of (1) the age and maturity of the minor, (2) the gravity of the minor's alleged offense, (3) the safety of the public, and (4) the interests of justice, that the agreement to act as a minor informant is voluntary and is being entered into knowingly and intelligently.


(d) Prior to the court making the finding required in subdivision (c), all of the following conditions shall be satisfied:


(1) The court has found probable cause that the minor committed the alleged offense. The finding of probable cause shall only be for the purpose of issuing the order pursuant to subdivision (b), and shall not prejudice the minor in any future proceedings.


(2) The court has advised the minor of the mandatory minimum and maximum sentence for the alleged offense.


(3) The court has disclosed the benefit the minor may obtain by cooperating with the peace officer or agent of a peace officer.


(4) The minor's parent or guardian has consented to the agreement by the minor unless the parent or guardian is a suspect in the criminal investigation.


(e) For purposes of this section, “minor informant” means a minor who participates, on behalf of a law enforcement agency, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the minor's participation in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the minor is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the minor.


CREDIT(S)



(Added by Stats.1998, c. 833 (A.B.2816), § 1, eff. Sept. 25, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 702


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 702. Examination of informer and witnesses; depositions


EXAMINATION OF COMPLAINANT AND WITNESSES. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 703


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 703. Warrant; issuance; direction; contents


If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any marshal, or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him or her before the magistrate.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1996, c. 872 (A.B.3472), § 113.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 704


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 704. Charge disputed; taking testimony; shorthand reporter; authentication of deposition or testimony


When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence shall be reduced to writing and subscribed by the witnesses. The magistrate may, in his or her discretion, order the testimony and proceedings to be taken down in shorthand, and for that purpose he or she may appoint a shorthand reporter. The deposition or testimony of the witnesses shall be authenticated in the form prescribed in Section 869.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1917, c. 105, p. 146, § 1; Stats.1987, c. 828, § 48.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 705


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 705. Discharge for lack of grounds


PERSON COMPLAINED OF, WHEN TO BE DISCHARGED. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 706


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 706. Undertaking; amount; duration; extension


If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, to keep the peace towards the people of this state, and particularly towards the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1982, c. 517, p. 2406, § 315.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 707


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 707. Discharge upon giving undertaking; commitment for refusal to give


EFFECT OF GIVING OR REFUSING TO GIVE SECURITY. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 708


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 708. Discharge upon giving undertaking after commitment


PERSON COMMITTED FOR NOT GIVING SECURITY, HOW DISCHARGED. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 709


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 709. Undertaking; filing


UNDERTAKING TO BE FILED IN CLERK'S OFFICE. The undertaking must be filed by the magistrate in the office of the Clerk of the county.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 710


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 710. Assault or threat in presence of court; order to give security; commitment upon refusal


SECURITY, WHEN REQUIRED FOR ASSAULT COMMITTED IN THE PRESENCE OF A COURT OR MAGISTRATE. A person who, in the presence of a Court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the Court or magistrate to give security, as in this Chapter provided, and if he refuse [FN1] to do so, may be committed as provided in Section 707.


[FN1] So in original.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 711


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 711. Undertaking; breach


UNDERTAKING, WHEN BROKEN. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 712


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 712. Undertaking; order for prosecution; action by district attorney


Upon the District Attorney's producing evidence of such conviction to the Superior Court of the County, the Court must order the undertaking to be prosecuted, and the District Attorney must thereupon commence an action upon it in the name of the people of this State.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 56, p. 31, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 713


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 713. Undertaking; allegation of breach; evidence


EVIDENCE OF BREACH. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 714


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 3. Security to Keep the Peace (Refs & Annos)

§ 714. Undertaking; required only as prescribed in chapter


SECURITY FOR THE PEACE NOT REQUIRED, EXCEPT IN ACCORDANCE WITH THIS CHAPTER. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 1, Ch. 4, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 1. Of the Prevention of Public Offenses

Chapter 4. Police in Cities and Towns, and Their Attendance at Exposed Places [Repealed]



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 719


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 4. Police in Cities and Towns, and Their Attendance at Exposed Places [Repealed] (Refs & Annos)

§§ 719, 720. Repealed by Stats.1939, c. 60, p. 1000, § 40000


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 720


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 4. Police in Cities and Towns, and Their Attendance at Exposed Places [Repealed] (Refs & Annos)

§§ 719, 720. Repealed by Stats.1939, c. 60, p. 1000, § 40000


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 1, Ch. 5, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 723


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§ 723. Resistance to process; assistance of posse in overcoming


When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution of the process, the officer may command as many able-bodied inhabitants of the officer's county as he or she may think proper to assist in overcoming the resistance and, if necessary, in seizing, arresting, and confining the persons resisting, and their aiders and abettors.


CREDIT(S)



(Enacted in 1872. Amended by unpublished act 1872; Stats.1976, c. 1171, p. 5258, § 24; Stats.1988, c. 160, § 128.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 724


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§ 724. Resistance to process; certification to court of resisters, aiders and abettors; contempt


THE OFFICER TO CERTIFY TO COURT THE NAME OF THE RESISTERS, ETC. The officer must certify to the Court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of Court.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 725


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§ 725. Repealed by Stats.1905, c. 350, p. 411, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 726


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§ 726. Unlawful or riotous assemblies; command to disperse


Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his or her deputies, the officials governing the town or city, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1608, p. 3613, § 10; Stats.1996, c. 872 (A.B.3472), § 114; Stats.1998, c. 931 (S.B.2139), § 355, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 727


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§ 727. Unlawful or riotous assemblies; arrest for failure to disperse; commanding aid


TO ARREST RIOTERS IF THEY DO NOT DISPERSE. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 728


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§§ 728 to 734. Repealed by Stats.1905, c. 350, pp. 411, 412, §§ 2 to 7; Stats.1933, c. 975, p. 2543, § 601


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 734


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 1. Of the Prevention of Public Offenses

Chapter 5. Suppression of Riots (Refs & Annos)

§§ 728 to 734. Repealed by Stats.1905, c. 350, pp. 411, 412, §§ 2 to 7; Stats.1933, c. 975, p. 2543, § 601


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 2. Mode of Prosecution



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 2. Mode of Prosecution



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 737


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§ 737. Prosecution of felonies; prosecution by accusation


All felonies shall be prosecuted by indictment or information, except as provided in Section 859a. A proceeding pursuant to Section 3060 of the Government Code shall be prosecuted by accusation.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3831, § 6. Amended by Stats.1987, c. 828, § 49; Stats.1998, c. 931 (S.B.2139), § 356, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 738


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§ 738. Offenses triable in superior court; preliminary examination; order holding to answer; commencement by complaint


Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section 872. The proceeding for a preliminary examination must be commenced by written complaint, as provided elsewhere in this code.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3831, § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 739


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§ 739. Offenses triable in superior court; information; filing; permissible charges; form


When a defendant has been examined and committed, as provided in Section 872, it shall be the duty of the district attorney of the county in which the offense is triable to file in the superior court of that county within 15 days after the commitment, an information against the defendant which may charge the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. The information shall be in the name of the people of the State of California and subscribed by the district attorney.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3831, § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 740


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§ 740. Misdemeanors and infractions; prosecution by written complaint


Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3831, § 6. Amended by Stats.1998, c. 931 (S.B.2139), § 357, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 741


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§§ 741 to 749. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 749


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2. Mode of Prosecution (Refs & Annos)

§§ 741 to 749. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 2.5, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 2.5. Nightcourt



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 750


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§ 750. Reinstatement of discontinued nightcourt policies or programs with respect to criminal cases


Notwithstanding any other provision of law, in the event that the superior court of a county having a population in excess of six million has discontinued, on or after December 1, 1991, a nightcourt policy or program with respect to criminal cases, the policy or program shall, upon approval of the board of supervisors, be substantially reinstated, with at least the average level of staffing and session scheduling which occurred during the period of six months immediately prior to December 1, 1991.


CREDIT(S)



(Added by Stats.1992, c. 284 (S.B.1701), § 1, eff. July 21, 1992.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 751


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 751 to 753. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 752


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 751 to 753. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 753


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 751 to 753. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 758


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 759


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 760


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 761


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 762


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 763


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 764


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 765


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 766


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 767


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 768


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 769


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 770


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 771


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§§ 758 to 771. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 772


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 2.5. Nightcourt (Refs & Annos)

§ 772. Repealed by Stats.1929, c. 196, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 777


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 777. General liability to punishment; offenses within state; federal offenses


Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States; and except as otherwise provided by law the jurisdiction of every public offense is in any competent court within the jurisdictional territory of which it is committed.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1905, c. 529, p. 691, § 1; Stats.1919, c. 55, p. 81, § 1; Stats.1951, c. 1674, p. 3831, § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 777a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 777a. Failure to provide cases


If a parent violates the provisions of Section 270 of this code, the jurisdiction of such offense is in any competent court of either the jurisdictional territory in which the minor child is cared for or in which such parent is apprehended.


CREDIT(S)



(Added by Stats.1951, c. 1674, p. 3831, § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 777b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 777b. Perjury committed outside of state


Perjury, in violation of Section 118, committed outside of the State of California is punishable in a competent court in the jurisdictional territory in this state in which occurs the act, transaction, matter, action, or proceeding, in relation to which the testimony, declaration, deposition, or certification was given or made.


CREDIT(S)



(Added by Stats.1980, c. 889, p. 2790, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 778


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 778. Offenses commenced without but consummated within the state


When the commission of a public offense, commenced without the State, is consummated within its boundaries by a defendant, himself outside the State, through the intervention of an innocent or guilty agent or any other means proceeding directly from said defendant, he is liable to punishment therefor in this State in any competent court within the jurisdictional territory of which the offense is consummated.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3831, § 10.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 778a


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 778a. Offenses commenced within but consummated without state; crimes of violence or theft against kidnapped person


(a) Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of that intent, which culminates in the commission of a crime, either within or without this state, the person is punishable for that crime in this state in the same manner as if the crime had been committed entirely within this state.


(b) Whenever a person who, within this state, kidnaps another person within the meaning of Sections 207 and 209, and thereafter carries the person into another state or country and commits any crime of violence or theft against that person in the other state or country, the person is punishable for that crime of violence or theft in this state in the same manner as if the crime had been committed within this state.


CREDIT(S)



(Added by Stats.1905, c. 529, p. 692, § 2. Amended by Stats.1991, c. 635 (A.B.1714), § 1; Stats.2001, c. 854 (S.B.205), § 39.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 778b


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 778b. Offense within state; principal or aider and abettor without state subsequently found in state


Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards found within this state, is punishable in the same manner as if he had been within this state when he caused, aided, advised, or encouraged the commission of such crime.


CREDIT(S)



(Added by Stats.1905, c. 529, p. 692, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 779


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§§ 779, 780. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 51, 52


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 780


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§§ 779, 780. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 51, 52


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 781


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 781. Offenses in multiple jurisdictional territories


Except as provided in Section 923, when a public offense is committed in part in one jurisdictional territory and in part in another, jurisdictional territory or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3832, § 11; Stats.2012, c. 568 (S.B.1474), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 782


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 782. Offenses on or near boundary of multiple jurisdictional territories


When a public offense is committed on the boundary of two or more jurisdictional territories, or within 500 yards thereof, the jurisdiction of such offense is in any competent court within either jurisdictional territory.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3832, § 12.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 783


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 783. Offenses within state on vessel, train, motor vehicle, carrier, or aircraft


When a public offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of its voyage, or on a railroad train or car, motor vehicle, common carrier transporting passengers or on an aircraft prosecuting its trip, the jurisdiction is in any competent court, through, on, or over the jurisdictional territory of which the vessel, train, car, motor vehicle, common carrier or aircraft passes in the course of its voyage or trip, or in the jurisdictional territory of which the voyage or trip terminates.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1875-76, c. 31, p. 116, § 1; Stats.1945, c. 941, p. 1775, § 1; Stats.1951, c. 1674, p. 3832, § 13.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 783.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 783.5. Offenses within park situated in more than one county


When a public offense is committed in a park situated in more than one county, the jurisdiction over such an offense is in any competent court in any county in which any part of the park is situated. “Park,” as used in this section means any area of land, or water, or both, which has been designated as a park or recreation area by any public agency or political subdivision of this state.


CREDIT(S)



(Added by Stats.1965, c. 582, p. 1909, § 2, eff. June 9, 1965.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 784


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 784. Kidnapping; false imprisonment; seizure for slavery; abduction


The jurisdiction of a criminal action:


(a) For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping another, with intent, against his or her will, to cause him or her to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another, or to be sold as a slave, or in any way held to service;


(b) For inveigling, enticing, or taking away any person for the purpose of concubinage or prostitution, as defined in subdivision (b) of Section 647;


Is in any competent court within the jurisdictional territory in which the offense was committed, or in the jurisdictional territory out of which the person upon whom the offense was committed was taken or within the jurisdictional territory in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 11, § 2; Stats.1905, c. 529, p. 692, § 4; Stats.1951, c. 1674, p. 3832, § 14; Stats.1975, c. 996, p. 2341, § 6; Stats.1983, c. 990, § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 784a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 784a. Repealed by Stats.1991, c. 186 (A.B.436), § 5


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 784.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 784.5. Child abduction


The jurisdiction of a criminal action for a violation of Section 277, 278, or 278.5 shall be in any one of the following jurisdictional territories:


(a) Any jurisdictional territory in which the victimized person resides, or where the agency deprived of custody is located, at the time of the taking or deprivation.


(b) The jurisdictional territory in which the minor child was taken, detained, or concealed.


(c) The jurisdictional territory in which the minor child is found.


When the jurisdiction lies in more than one jurisdictional territory, the district attorneys concerned may agree which of them will prosecute the case.


CREDIT(S)



(Added by Stats.1983, c. 990, § 7. Amended by Stats.1984, c. 1207, § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 784.7


Effective: January 1, 2003



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 784.7. More than one violation of enumerated sexual, domestic, harm to child and stalking offenses; jurisdiction


(a) When more than one violation of Section 220, except assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or 289 occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred, subject to a hearing, pursuant to Section 954, within the jurisdiction of the proposed trial. At the Section 954 hearing, the prosecution shall present evidence in writing that all district attorneys in counties with jurisdiction of the offenses agree to the venue. Charged offenses from jurisdictions where there is no written agreement from the district attorney shall be returned to that jurisdiction.


(b) When more than one violation of Section 273a, 273.5, or 646.9 occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, the jurisdiction of any of those offenses and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred.


CREDIT(S)



(Added by Stats.1998, c. 302 (A.B.2734), § 1. Amended by Stats.2002, c. 194 (A.B.2252), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 784.8


Effective: January 1, 2009



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 784.8. Charges alleging multiple violations involving human trafficking; same victims in multiple territorial jurisdictions; hearing to determine jurisdiction


When charges alleging multiple violations of Section 236.1 that involve the same victim or victims in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, the rights of the defendant and the people, and the convenience of, or hardship to, the victim or victims and witnesses.


CREDIT(S)



(Added by Stats.2008, c. 258 (A.B.1278), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 785


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 785. Incest; bigamy


When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory of another competent court the jurisdiction is in either court.


When the offense of bigamy is committed, the jurisdiction is in any competent court within the jurisdictional territory of which the marriage took place, or cohabitation occurred or the defendant was apprehended.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3833, § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 786


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 786. Property crimes occurring in one jurisdictional territory where property is taken to another jurisdictional territory; criminal actions for unauthorized use of personal identifying information of another; jurisdiction of offense


(a) When property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant's knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory.


(b)(1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses.


(2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses.


(3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice.


(c) This section shall not be interpreted to alter victims' rights under Section 530.6.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3833, § 17; Stats.1981, c. 318, p. 1458, § 1; Stats.1990, c. 156 (A.B.2551), § 1; Stats.1993, c. 610 (A.B.6), § 13, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 14, eff. Oct. 1, 1993; Stats.2002, c. 908 (A.B.1773), § 1; Stats.2008, c. 47 (S.B.612), § 1; Stats.2009, c. 40 (S.B.226), § 1; Stats.2010, c. 709 (S.B.1062), § 12.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 787


Effective: June 21, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 787. Terrorist attacks


When multiple offenses punishable under one or more of Sections 11418, 11418.5, and 11419 occur in more than one jurisdictional territory, and the offenses are part of a single scheme or terrorist attack, the jurisdiction of any of those offenses is in any jurisdiction where at least one of those offenses occurred.


CREDIT(S)



(Added by Stats.2002, c. 64 (A.B.2106), § 1, eff. June 21, 2002.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 788


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 788. Treason; overt act committed without state


The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 11, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 789


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 789. Theft or receipt of stolen goods; offense committed out of state and property brought into state


The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen or embezzled, and bringing the same into this State, is in any competent court into or through the jurisdictional territory of which such stolen or embezzled property has been brought.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 11, § 5; Stats.1905, c. 529, p. 693, § 5; Stats.1951, c. 1674, p. 3833, § 18.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 790


Effective: January 1, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 790. Homicide; fatal injury and death occurring in separate counties or near county boundaries; special circumstance homicides


(a) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted or in the county in which the injured party died or in the county in which his or her body was found. However, if the defendant is indicted in the county in which the fatal injury was inflicted, at any time before his or her trial in another county, the sheriff of the other county shall, if the defendant is in custody, deliver the defendant upon demand to the sheriff of the county in which the fatal injury was inflicted. When the fatal injury was inflicted and the injured person died or his or her body was found within five hundred yards of the boundary of two or more counties, jurisdiction is in either county.


(b) If a defendant is charged with a special circumstance pursuant to paragraph (3) of subdivision (a) of Section 190.2, the jurisdiction for any charged murder, and for any crimes properly joinable with that murder, shall be in any county that has jurisdiction pursuant to subdivision (a) for one or more of the murders charged in a single complaint or indictment as long as the charged murders are “connected together in their commission,” as that phrase is used in Section 954, and subject to a hearing in the jurisdiction where the prosecution is attempting to consolidate the charged murders. If the charged murders are not joined or consolidated, the murder that was charged outside of the county that has jurisdiction pursuant to subdivision (a) shall be returned to that county.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 11, § 6; Stats.1939, c. 1063, p. 2990, § 1; Stats.1998, c. 549 (S.B.469), § 1; Stats.1999, c. 83 (S.B.966), § 148.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 791


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 791. Accessory


In the case of an accessory, as defined in Section 32, in the commission of a public offense, the jurisdiction is in any competent court within the jurisdictional territory of which the offense of the accessory was committed, notwithstanding the principal offense was committed in another jurisdictional territory.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3833, § 19.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 792


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 792. Principal not present at commission of offense


The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the offense is in the same court it would be under this code if he were so present and aiding and abetting therein.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 11, § 7; Stats.1951, c. 1674, p. 3833, § 20.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 793


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 793. Conviction or acquittal in the United States, another state, or U.S. territory; double jeopardy


When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal thereof in that other jurisdiction is a bar to the prosecution or indictment in this state.


CREDIT(S)



(Enacted in 1872. Amended by Stats.2004, c. 511 (A.B.1432), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 793.5


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 793.5. Conviction or acquittal in foreign country; time credit


Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime.


CREDIT(S)



(Added by Stats.2004, c. 511 (A.B.1432), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 794


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 794. Jeopardy in another court having jurisdiction


Where an offense is within the jurisdiction of two or more courts, a conviction or acquittal thereof in one court is a bar to a prosecution therefor in another.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3833, § 21.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 795


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 1. Of the Local Jurisdiction of Public Offenses

§ 795. Violation or conspiracy to violate laws against prize fighting


The jurisdiction of a violation of Sections 412, 413, or 414, or a conspiracy to violate any of said sections, is in any competent court within the jurisdictional territory of which:


First. Any act is done towards the commission of the offense; or,


Second. The offender passed, whether into, out of, or through it, to commit the offense; or,


Third. The offender is arrested.


CREDIT(S)



(Added by Code Am.1873-74, c. 229, p. 466, § 1. Amended by Stats.1951, c. 1674, p. 3833, § 22.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Ch. 2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure

Chapter 2. Time of Commencing Criminal Actions



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 799


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 799. Offenses punishable by death or life imprisonment; embezzlement of public money; application to minors


Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.


This section shall apply in any case in which the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code.


CREDIT(S)



(Added by Stats.1984, c. 1270, § 2. Amended by Stats.1994, c. 409 (S.B.1548), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 800


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 800. Offenses punishable by imprisonment for eight years or more


Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense.


CREDIT(S)



(Added by Stats.1984, c. 1270, § 2. Amended by Stats.2011, c. 15 (A.B.109), § 445, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 24, eff. June 30, 2011, operative Oct. 1, 2011; Stats.2011-2012, 1st Ex.Sess., c. 12 (A.B.17), § 11, eff. Sept. 21, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 801


Effective: October 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 801. Offenses punishable by imprisonment


Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.


CREDIT(S)



(Added by Stats.1984, c. 1270, § 2. Amended by Stats.2011, c. 15 (A.B.109), § 446, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 801.1


Effective: October 13, 2007



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 801.1. Commencement of prosecution for specified sex offenses


(a) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under the age of 18 years, may be commenced any time prior to the victim's 28th birthday.


(b) Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.


CREDIT(S)



(Added by Stats.2004, c. 368 (A.B.1667), § 1. Amended by Stats.2005, c. 479 (S.B.111), § 2; Stats.2007, c. 579 (S.B.172), § 40, eff. Oct. 13, 2007.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 801.2


Effective: September 20, 2006



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 801.2. Limitations period for prosecution of crime under § 311.4 relating to employment of minor to perform prohibited acts


Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.4 shall commence within 10 years of the date of production of the pornographic material.


CREDIT(S)



(Added by Stats.2006, c. 337 (S.B.1128), § 35, eff. Sept. 20, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 801.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 801.5. Fraud; breach of fiduciary duty; official misconduct


Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.


CREDIT(S)



(Added by Stats.1986, c. 1324, § 2. Amended by Stats.1990, c. 587 (S.B.1782), § 1; Stats.1994, c. 841 (A.B.3751), § 5; Stats.1994, c. 1031 (A.B.1691), § 3; Stats.1995, c. 704 (S.B.734), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 801.6


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 801.6. Elder or dependent adult offenses


Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, may be filed at any time within five years from the date of occurrence of such offense.


CREDIT(S)



(Added by Stats.1998, c. 944 (A.B.0190), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 802


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 802. Prosecution for offenses not punishable by death or imprisonment and other enumerated misdemeanor violations; commencement of action


(a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense.


(b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense.


(c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense.


(d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows:


(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense.


(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense.


(3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense.


(4) With respect to Sections 7028, 7159.5 (nonlicensee only), and 7159.14 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense.


(e) Prosecution for a misdemeanor violation of Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code or Section 2944.6 or 2944.7 of the Civil Code shall be commenced within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later.


CREDIT(S)



(Added by Stats.2004, c. 586 (A.B.2216), § 4, operative July 1, 2005. Amended by Stats.2012, c. 43 (S.B.1023), § 24, eff. June 27, 2012; Stats.2012, c. 569 (A.B.1950), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 802.5


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 802.5. Commencement of prosecution for violations by athlete agent or athlete agent's representative


Notwithstanding Section 802 or any other provision of law, prosecution for the offense described in Section 18897.93 of the Business and Professions Code shall be commenced within three years after discovery of the commission of the offense.


CREDIT(S)



(Added by Stats.2011, c. 146 (S.B.238), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 803


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 803. Tolling or extension of time periods


(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.


(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.


(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:


(1) Grand theft of any type, forgery, falsification of public records, or acceptance of a bribe by a public official or a public employee.


(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.


(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.


(4) A violation of Section 1090 or 27443 of the Government Code.


(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.


(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.


(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.


(8) A violation of Section 22430 of the Business and Professions Code.


(9) A violation of Section 10690 of the Health and Safety Code.


(10) A violation of Section 529a.


(11) A violation of subdivision (d) or (e) of Section 368.


(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.


(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.


(f)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5 [FN1], as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.


(2) This subdivision applies only if all of the following occur:


(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.


(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.


(C) There is independent evidence that corroborates the victim's allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim's allegation.


(3) No evidence may be used to corroborate the victim's allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.


(4)(A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.


(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.


(C) This subdivision shall not apply where a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.


(g)(1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:


(A) The crime is one that is described in subdivision (c) of Section 290.


(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.


(2) For purposes of this section, “DNA” means deoxyribonucleic acid.


(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.


(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.


CREDIT(S)



(Added by Stats.2005, c. 2 (S.B.16), § 3, eff. Feb. 28, 2005. Amended by Stats.2005, c. 479 (S.B.111), § 3; Stats.2007, c. 579 (S.B.172), § 41, eff. Oct. 13, 2007; Stats.2011, c. 15 (A.B.109), § 447, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 211 (A.B.708), § 1.5.)


[FN1] Former Penal Code § 289.5, repealed by Stats.1993-94, 1st Ex. Sess., c. 39, § 2. See Penal Code § 289.



VALIDITY



A prior version of this section was held unconstitutional in the case of Stogner v. California, U.S.Cal.2003, 123 S.Ct. 2446, 539 U.S. 607, 156 L.Ed.2d 544.



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 803.5


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 803.5. Violations of Section 115 or 530.5 with respect to when limitation of time commences to run


With respect to a violation of Section 115 or 530.5, a limitation of time prescribed in this chapter does not commence to run until the discovery of the offense.


CREDIT(S)



(Added by Stats.2003, c. 468 (S.B.851), § 10.5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 803.6


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 803.6. More than one applicable time period for commencement of action; governing provision; changes in time period


(a) If more than one time period described in this chapter applies, the time for commencing an action shall be governed by that period that expires the latest in time.


(b) Any change in the time period for the commencement of prosecution described in this chapter applies to any crime if prosecution for the crime was not barred on the effective date of the change by the statute of limitations in effect immediately prior to the effective date of the change.


(c) This section is declaratory of existing law.


CREDIT(S)



(Added by Stats.2004, c. 368 (A.B.1667), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 804


Effective: January 1, 2009



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 804. Commencement of prosecution for an offense


Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:


(a) An indictment or information is filed.


(b) A complaint is filed charging a misdemeanor or infraction.


(c) The defendant is arraigned on a complaint that charges the defendant with a felony.


(d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.


CREDIT(S)



(Added by Stats.1984, c. 1270, § 2. Amended by Stats.1998, c. 931 (S.B.2139), § 358, eff. Sept. 28, 1998; Stats.2006, c. 901 (S.B.1422), § 8.1; Stats.2008, c. 110 (S.B.610), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 805


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 805. Determination of applicable time limitation


For the purpose of determining the applicable limitation of time pursuant to this chapter:


(a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense.


(b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.


CREDIT(S)



(Added by Stats.1984, c. 1270, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 805.5


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 2. Time of Commencing Criminal Actions (Refs & Annos)

§ 805.5. Repealed by Stats.2004, c. 368 (A.B.1667), § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Ch. 3, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure

Chapter 3. Complaints Before Magistrates



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 806


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 3. Complaints Before Magistrates (Refs & Annos)

§ 806. Proceeding for examination before magistrate; complaint; formalities; contents; construction and effect


A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. Such complaint may be verified on information and belief. When the complaint is used as a pleading to which the defendant pleads guilty under Section 859a of this code, the complaint shall contain the same allegations, including the charge of prior conviction or convictions of crime, as are required for indictments and informations and, wherever applicable, shall be construed and shall have substantially the same effect as provided in this code for indictments and informations.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 47, p. 12, § 11; Stats.1935, c. 217, p. 873, § 2; Stats.1951, c. 1674, p. 3834, § 25; Stats.1963, c. 1712, p. 3362, § 1, eff. July 17, 1963; Stats.1977, c. 1257, p. 4784, § 119, eff. Oct. 3, 1977; Stats.1998, c. 931 (S.B.2139), § 359, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 807


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 3. Complaints Before Magistrates (Refs & Annos)

§ 807. Magistrate defined


MAGISTRATE DEFINED. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.


CREDIT(S)



(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 808


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 3. Complaints Before Magistrates (Refs & Annos)

§ 808. Persons designated as magistrates


The following persons are magistrates:


(a) The judges of the Supreme Court.


(b) The judges of the courts of appeal.


(c) The judges of the superior courts.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 28, p. 7, § 1; Stats.1925, c. 445, p. 954, § 1; Stats.1945, c. 43, p. 361, § 1; Stats.1951, c. 1608, p. 3613, § 11; Stats.1967, c. 17, p. 848, § 107; Stats.1998, c. 931 (S.B.2139), § 360, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 529; Stats.2003, c. 62 (S.B.600), § 229.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 809


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 3. Complaints Before Magistrates (Refs & Annos)

§ 809. Santa Clara County Superior Court; night-time commissioner; magistrate designee


The night-time commissioner of the Santa Clara County Superior Court shall be considered a magistrate for the purpose of conducting prompt probable cause hearings for persons arrested without an arrest warrant as mandated by law.


CREDIT(S)



(Added by Stats.1993, c. 909 (S.B.15), § 14.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 810


Effective: January 1, 2003



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 3. Complaints Before Magistrates (Refs & Annos)

§ 810. Availability of magistrate when court not in session; assistance of custodial officer; telephone call


(a) The presiding judge of the superior court in a county shall, as often as is necessary, designate on a schedule not less than one judge of the court to be reasonably available on call as a magistrate for the setting of orders for discharge from actual custody upon bail, the issuance of search warrants, and for such other matters as may by the magistrate be deemed appropriate, at all times when a court is not in session in the county.


(b) The officer in charge of a jail, or a person the officer designates, in which an arrested person is held in custody shall assist the arrested person or the arrested person's attorney in contacting the magistrate on call as soon as possible for the purpose of obtaining release on bail.


(c) Any telephone call made pursuant to this section by an arrested person while in custody or by such person's attorney shall not count or be considered as a telephone call for purposes of Section 851.5 of the Penal Code.


CREDIT(S)



(Added by Stats.1973, c. 956, p. 1802, § 1. Amended by Stats.1998, c. 931 (S.B.2139), § 361, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 530.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Ch. 4, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure

Chapter 4. The Warrant of Arrest



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 811


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§§ 811, 812. Repealed by Stats.1951, c. 1674, p. 3834, § 26


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 812


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§§ 811, 812. Repealed by Stats.1951, c. 1674, p. 3834, § 26


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 813


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 813. Complaints; arrest warrants; summons; issuance


(a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or she sits, if, and only if, the magistrate is satisfied from the complaint that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant, except that, upon the request of the prosecutor, a summons instead of an arrest warrant shall be issued.


(b) A summons issued pursuant to this section shall be in substantially the same form as an arrest warrant and shall contain all of the following:


(1) The name of the defendant.


(2) The date and time the summons was issued.


(3) The city or county where the summons was issued.


(4) The signature of the magistrate, judge, justice, or other issuing authority who is issuing the summons with the title of his or her office and the name of the court or other issuing agency.


(5) The offense or offenses with which the defendant is charged.


(6) The time and place at which the defendant is to appear.


(7) Notification that the defendant is to complete the booking process on or before his or her first court appearance, as well as instructions for the defendant on completing the booking process.


(8) A provision for certification by the booking agency that the defendant has completed the booking process which shall be presented to the court by the defendant as proof of booking.


(c) If a defendant has been properly served with a summons and thereafter fails to appear at the designated time and place, a bench warrant for arrest shall issue. In the absence of proof of actual receipt of the summons by the defendant, a failure to appear shall not be used in any future proceeding.


(d) A defendant who responds to a summons issued pursuant to this section and who has not been booked as provided in subdivision (b) shall be ordered by the court to complete the booking process.


(e) The prosecutor shall not request the issuance of a summons in lieu of an arrest warrant as provided in this section under any of the following circumstances:


(1) The offense charged involves violence.


(2) The offense charged involves a firearm.


(3) The offense charged involves resisting arrest.


(4) There are one or more outstanding arrest warrants for the person.


(5) The prosecution of the offense or offenses with which the person is charged, or the prosecution of any other offense or offenses would be jeopardized.


(6) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered.


(7) There is reason to believe that the person would not appear at the time and place specified in the summons.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3834, § 27; Stats.1963, c. 1712, p. 3362, § 2, eff. July 17, 1963; Stats.1978, c. 300, p. 626, § 1; Stats.1988, c. 664, § 1; Stats.1995, c. 563 (S.B.33), § 1; Stats.1998, c. 931 (S.B.2139), § 362, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 814


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 814. Warrant; form


A warrant of arrest issued under Section 813 may be in substantially the following form:


County of __________


The people of the State of California to any peace officer of said State:


Complaint on oath having this day been laid before me that the crime of __________ (designating it generally) has been committed and accusing __________ (naming defendant) thereof, you are therefore commanded forthwith to arrest the above named defendant and bring him before me at __________ (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.


Dated at __________ (place) this ______ day of ______, 19___.


 

____________________________________________________

 

(Signature and full official title of magistrate.)

CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3834, § 28.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 815


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 815. Warrant; contents


A warrant of arrest shall specify the name of the defendant or, if it is unknown to the magistrate, judge, justice, or other issuing authority, the defendant may be designated therein by any name. It shall also state the time of issuing it, and the city or county where it is issued, and shall be signed by the magistrate, judge, justice, or other issuing authority issuing it with the title of his office and the name of the court or other issuing agency.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3835, § 29; Stats.1970, c. 1490, p. 2969, § 1, eff. Sept. 19, 1970.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 815a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 815a. Warrant; endorsement of amount of bail


At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for the appearance of the defendant following his arrest, if the offense is bailable, and said magistrate shall endorse upon said warrant a statement signed by him, with the name of his office, dated at the county, city or town where it is made to the following effect “The defendant is to be admitted to bail in the sum of ________ dollars” (stating the amount).


CREDIT(S)



(Added by Stats.1933, c. 242, p. 749, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 816


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 816. Warrant; direction; execution


A warrant of arrest shall be directed generally to any peace officer, or to any public officer or employee authorized to serve process where the warrant is for a violation of a statute or ordinance which such person has the duty to enforce, in the state, and may be executed by any of those officers to whom it may be delivered.


When a warrant of arrest has been delivered to a peace officer and the person named in the warrant is otherwise lawfully in the custody of the peace officer, the warrant may be executed by the peace officer or by any clerk of a city or county jail authorized to act and acting under the peace officer's direction.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3835, § 30; Stats.1969, c. 478, p. 1040, § 2; Stats.1969, c. 1205, p. 2345, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 816a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 816a. Service of summons


A summons issued pursuant to Section 813 shall be served by any peace officer, or any public officer or employee authorized to serve process when the summons is for a violation of a statute or ordinance which that person has the duty to enforce, within the state. Upon service of the summons, the officer or employee shall deliver one copy of the summons to the defendant and shall file a duplicate copy with the magistrate before whom the defendant is to appear.


CREDIT(S)



(Added by Stats.1988, c. 664, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 817


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 817. Probable cause; declarations; warrants; issuance; form; certificate of service


(a)(1) When a declaration of probable cause is made by a peace officer of this state, in accordance with subdivision (b) or (c), the magistrate, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant of probable cause for the arrest of the defendant.


(2) The warrant of probable cause for arrest shall not begin a complaint process pursuant to Section 740 or 813. The warrant of probable cause for arrest shall have the same authority for service as set forth in Section 840 and the same time limitations as that of an arrest warrant issued pursuant to Section 813.


(b) The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing.


(c) In lieu of the written declaration required in subdivision (b), the magistrate may take an oral statement under oath under either of the following conditions:


(1) The oath shall be taken under penalty of perjury and recorded and transcribed. The transcribed statement shall be deemed to be the declaration for the purposes of this section. 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 may be recorded by a certified court reporter who shall certify the transcript of the statement, after which the magistrate receiving it shall certify the transcript, which shall be filed with the clerk of the court.


(2) The oath is made using telephone and facsimile transmission equipment, or made using telephone and electronic mail, under all of the following conditions:


(A) The oath is made during a telephone conversation with the magistrate, after which the declarant shall sign his or her declaration in support of the warrant of probable cause for arrest. The declarant's signature shall be in the form of a digital signature if electronic mail is used for transmission to the magistrate. The proposed warrant and all supporting declarations and attachments shall then be transmitted to the magistrate utilizing facsimile transmission equipment or electronic mail.


(B) The magistrate shall confirm with the declarant the receipt of the warrant and the supporting declarations and attachments. The magistrate shall verify that all the pages sent have been received, that all pages are legible, and that the declarant's signature, or digital signature, is acknowledged as genuine.


(C) If the magistrate decides to issue the warrant, he or she shall:


(i) Cause the warrant, supporting declarations, and attachments, to be printed if received by electronic mail.


(ii) Sign the warrant.


(iii) Note on the warrant the exact date and time of the issuance of the warrant.


(iv) Indicate on the warrant that the oath of the declarant was administered orally over the telephone.


The completed warrant, as signed by the magistrate, shall be deemed to be the original warrant.


(D) The magistrate shall transmit via facsimile transmission equipment, or via electronic mail, the signed warrant to the declarant who shall telephonically acknowledge its receipt. The magistrate shall then telephonically authorize the declarant to write the words “duplicate original” on the copy of the completed warrant transmitted to the declarant and this document shall be deemed to be a duplicate original warrant.


(d) Before issuing a warrant, the magistrate may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe the declaration.


(e) A warrant of probable cause for arrest shall contain the information required pursuant to Sections 815 and 815a.


(f) A warrant of probable cause for arrest may be in substantially the following form:


County of __________, State of California.


The people of the State of California to any peace officer of the STATE:


Proof by declaration under penalty of perjury having been made this day to me by _______ (name of affiant), I find that there is probable cause to believe that the crime(s) of _______ (designate the crime/s) has (have) been committed by the defendant named and described below.


Therefore, you are commanded to arrest _______ (name of defendant) and to bring the defendant before any magistrate in __________ County pursuant to Sections 821, 825, 826, and 848 of the Penal Code.


Defendant is admitted to bail in the amount of ________ dollars ($______).


Time Issued: ______________________________________

______________________________________

 

(Signature of the Judge)

Dated: ______________________________________

Judge of the ___________________ Court

(g) An original warrant of probable cause for arrest or the duplicate original warrant of probable cause for arrest shall be sufficient for booking a defendant into custody.


(h) Once the defendant named in the warrant of probable cause for arrest has been taken into custody, the agency which obtained the warrant shall file a “certificate of service” with the clerk of the issuing court. The certificate of service shall contain all of the following:


(1) The date and time of service.


(2) The name of the defendant arrested.


(3) The location of the arrest.


(4) The location where the defendant was incarcerated.


CREDIT(S)



(Added by Stats.1995, c. 563 (S.B.33), § 2. Amended by Stats.1996, c. 1078 (S.B.1379), § 1; Stats.1997, c. 279 (S.B.123), § 1; Stats.1998, c. 692 (S.B.1970), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 817.5


Effective: January 1, 2001



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 817.5. Entering of information into Department of Justice's Wanted Persons System; addresses of persons with outstanding arrest warrants


(a) On or after June 30, 2001, upon the issuance of any arrest warrant, the issuing law enforcement agency may enter the warrant information into the Department of Justice's Wanted Persons System.


(b) Notwithstanding any other provision of law, any state or local governmental agency shall, upon request, provide to the Department of Justice, a court, or any California law enforcement agency, the address of any person represented by the department, the court, or the law enforcement agency to be a person for whom there is an outstanding arrest warrant.


CREDIT(S)



(Added by Stats.2000, c. 940 (S.B.1310), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 818


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 818. Certain arrests for misdemeanors under Vehicle Code or local traffic ordinances; release on promise to appear


In any case in which a peace officer serves upon a person a warrant of arrest for a misdemeanor offense under the Vehicle Code or under any local ordinance relating to stopping, standing, parking, or operation of a motor vehicle and where no written promise to appear has been filed and the warrant states on its face that a citation may be used in lieu of physical arrest, the peace officer may, instead of taking the person before a magistrate, prepare a notice to appear and release the person on his promise to appear, as prescribed by Sections 853.6 through 853.8 of the Penal Code. Issuance of a notice to appear and securing of a promise to appear shall be deemed a compliance with the directions of the warrant, and the peace officer issuing such notice to appear and obtaining such promise to appear shall endorse on the warrant “Section 818, Penal Code, complied with” and return the warrant to the magistrate who issued it.


CREDIT(S)



(Added by Stats.1963, c. 1529, p. 3115, § 1. Amended by Stats.1980, c. 336, p. 680, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 819


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§§ 819, 820. Repealed by Stats.1935, c. 470, p. 1526, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 820


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§§ 819, 820. Repealed by Stats.1935, c. 470, p. 1526, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 821


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 821. Arrest for felony; officer to take defendant before magistrate; arrest in another county; procedure


If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest must take the defendant before the magistrate who issued the warrant or some other magistrate of the same county.


If the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in writing of his right to be taken before a magistrate in that county, note on the warrant that he has so informed defendant, and, upon being required by defendant, take him before a magistrate in that county, who must admit him to bail in the amount specified in the endorsement referred to in Section 815a, and direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after such admittance to bail. If bail be forthwith given, the magistrate shall take the same and endorse thereon a memorandum of the aforesaid order for the appearance of the defendant, or, if the defendant so requires, he may be released on bail set on the warrant by the issuing court, as provided in Section 1269b of this code, without an appearance before a magistrate.


If the warrant on which the defendant is arrested in another county does not have bail set thereon, or if the defendant arrested in another county does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody of the defendant within five days, or five court days if the law enforcement agency requesting the arrest is more than 400 miles from the county in which the defendant is held in custody, in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other magistrate of the same county.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1957, c. 2373, p. 4107, § 1; Stats.1961, c. 970, p. 2611, § 1; Stats.1963, c. 924, p. 2174, § 1; Stats.1965, c. 645, p. 1996, § 1; Stats.1983, c. 236, § 1; Stats.1983, c. 1083, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 822


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 822. Arrest for misdemeanor; officer to take defendant before magistrate; bail; direction to appear


If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, without unnecessary delay, inform the defendant in writing of his right to be taken before a magistrate in that county, note on the warrant that he has so informed defendant, and, upon being required by defendant, take him before a magistrate in that county, who must admit him to bail in the amount specified in the indorsement referred to in Section 815a, or if no bail is specified, the magistrate may set bail; if the defendant is admitted to bail the magistrate shall direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than 25 days after such admittance to bail. If bail be forthwith given, the magistrate shall take the same and indorse thereon a memorandum of the aforesaid order for the appearance of the defendant.


If the defendant arrested in another county on a misdemeanor charge does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody of such defendant within five days in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other magistrate of the same county.


If a defendant is arrested in another county on a warrant charging the commission of a misdemeanor, upon which warrant the amount of bail is indorsed as provided in Section 815a, and defendant is held in jail in the county of arrest pending appearance before a magistrate, the officer in charge of the jail shall, to the same extent as provided by Section 1269b, have authority to approve and accept bail from defendant in the amount indorsed on the warrant, to issue and sign an order for the release of the defendant, and, on posting of such bail, shall discharge defendant from custody.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1933, c. 242, p. 749, § 2; Stats.1941, c. 348, p. 1637, § 1; Stats.1961, c. 970, p. 2611, § 2; Stats.1963, c. 924, p. 2175, § 2; Stats.1965, c. 138, p. 431, § 1; Stats.1973, c. 620, p. 1143, § 1; Stats.1983, c. 236, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 823


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 823. Proceedings on taking bail; certification; receipt for undertaking; discharge; delivery of warrant; disposition of undertaking


On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant to the officer having charge of the defendant. The magistrate shall issue to defendant a receipt for the undertaking of bail. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant to the clerk of the court at which the defendant is required to appear. If the undertaking of bail is in the form of a bond, the magistrate shall forward the bond to the court at which defendant is required to appear. If the undertaking is in the form of cash, the magistrate shall deposit the cash in the county treasury, notifying the county auditor thereof, and the county auditor shall, by warrant, transmit the amount of the undertaking to the court at which the defendant is required to appear. If authorized by the county auditor, the magistrate may deposit the money in a bank account pursuant to Section 68084 of the Government Code, and by check drawn on such bank account transmit the amount of the undertaking to the court at which the defendant is required to appear.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1959, c. 133, p. 2023, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 824


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 824. Misrepresentation as minor when taken into custody; material delay in investigation; time for filing complaint


When an adult willfully misrepresents himself or herself to be a minor under 18 years of age when taken into custody and this misrepresentation effects a material delay in investigation which prevents the filing of a criminal complaint against him or her in a court of competent jurisdiction within 48 hours, the complaint shall be filed within 48 hours from the time the true age is determined, excluding nonjudicial days.


CREDIT(S)



(Added by Stats.1981, c. 205, p. 1127, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 825


Effective: January 1, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 825. Appearance before magistrate; unnecessary delay; maximum time; right of attorney to visit prisoner; refusal to permit visit; offense; forfeiture


(a)(1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.


(2) When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant's arrest occurs on a Wednesday after the conclusion of the day's court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.


(b) After the arrest, any attorney at law entitled to practice in the courts of record of California, may, at the request of the prisoner or any relative of the prisoner, visit the prisoner. Any officer having charge of the prisoner who willfully refuses or neglects to allow that attorney to visit a prisoner is guilty of a misdemeanor. Any officer having a prisoner in charge, who refuses to allow the attorney to visit the prisoner when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in any court of competent jurisdiction.


CREDIT(S)



(Enacted in 1872. Amended by Code Am.1880, c. 48, p. 30, § 1; Stats.1907, c. 484, p. 888, § 1; Stats.1927, c. 616, p. 1044, § 1; Stats.1961, c. 2209, p. 4554, § 1; Stats.1989, c. 546, § 1; Stats.1995, c. 465 (A.B.1452), § 1; Stats.2003, c. 149 (S.B.79), § 66.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 825.5


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 825.5. Right of physician, surgeon, or psychologist to visit prisoner


Any physician and surgeon, including a psychiatrist, licensed to practice in this state, or any psychologist licensed to practice in this state who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders, who is employed by the prisoner or his or her attorney to assist in the preparation of the defense, shall be permitted to visit the prisoner while he or she is in custody.


CREDIT(S)



(Added by Stats.1972, c. 1077, p. 2011, § 1. Amended by Stats.1984, c. 1123, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 826


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 826. Proceedings when defendant before magistrate who did not issue warrant; complaint


If on a warrant issued under Section 813or 817 the defendant is brought before a magistrate other than the one who issued the warrant, the complaint on which the warrant was issued must be sent to that magistrate, or if it cannot be procured, a new complaint may be filed before that magistrate.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3835, § 32; Stats.1995, c. 563 (S.B.33), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 827


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 827. Complaint of offense triable in another county; requirements of warrant; complaint to accompany warrant


When a complaint is filed with a magistrate of the commission of a felony originally triable in the superior court of another county of the state than that in which the magistrate sits, but showing that the defendant is in the county where the complaint is filed, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the complaint must be delivered by the magistrate to the officer to whom the warrant is delivered.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1935, c. 217, p. 874, § 4; Stats.1951, c. 1674, p. 3835, § 33; Stats.1998, c. 931 (S.B.2139), § 363, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 827.1


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 827.1. Misdemeanor; citation and release in lieu of physical arrest


A person who is specified or designated in a warrant of arrest for a misdemeanor offense may be released upon the issuance of a citation, in lieu of physical arrest, unless one of the following conditions exists:


(a) The misdemeanor cited in the warrant involves violence.


(b) The misdemeanor cited in the warrant involves a firearm.


(c) The misdemeanor cited in the warrant involves resisting arrest.


(d) The misdemeanor cited in the warrant involves giving false information to a peace officer.


(e) The person arrested is a danger to himself or herself or others due to intoxication or being under the influence of drugs or narcotics.


(f) The person requires medical examination or medical care or was otherwise unable to care for his or her own safety.


(g) The person has other ineligible charges pending against him or her.


(h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person.


(i) The person refuses to sign the notice to appear.


(j) The person cannot provide satisfactory evidence of personal identification.


(k) The warrant of arrest indicates that the person is not eligible to be released on a citation.


The issuance of a citation under this section shall be undertaken in the manner set forth in Sections 853.6 to 853.8, inclusive.


CREDIT(S)



(Added by Stats.1987, c. 1303, § 1, eff. Sept. 28, 1987. Amended by Stats.1988, c. 403, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 828


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 828. Offense triable in another county; magistrate before whom defendant taken; delivery of complaint and warrant; proceedings by magistrate


The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1951, c. 1674, p. 3835, § 34.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 829


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4. The Warrant of Arrest (Refs & Annos)

§ 829. Misdemeanor or infraction triable in another county; admission to bail; transmittal of warrant, complaint and undertaking


When a complaint is filed with a magistrate of the commission of a misdemeanor or infraction triable in another county of the state than that in which the magistrate sits, but showing that the defendant is in the county where the complaint is filed, the officer must, upon being required by the defendant, take the defendant before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail in the amount specified in the endorsement referred to in Section 815a, and immediately transmit the warrant, complaint, and undertaking to the clerk of the court in which the defendant is required to appear.


CREDIT(S)



(Enacted in 1872. Amended by Stats.1933, c. 242, p. 749, § 4; Stats.1951, c. 1674, p. 3835, § 35; Stats.1998, c. 931 (S.B.2139), § 364, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Ch. 4.2, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure

Chapter 4.2. Code Enforcement Officers



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 829.5


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.2. Code Enforcement Officers (Refs & Annos)

§ 829.5. Code enforcement officer defined


(a) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints.


(b) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).


CREDIT(S)



(Added by Stats.2010, c. 117 (A.B.1532), § 1, eff. July 19, 2010. Amended by Stats.2011, c. 296 (A.B.1023), § 211.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code Pt. 2, T. 3, Ch. 4.5, Refs & Annos



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure

Title 3. Additional Provisions Regarding Criminal Procedure

Chapter 4.5. Peace Officers



Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830. Peace officers; persons included and excluded


Any person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a peace officer, and notwithstanding any other provision of law, no person other than those designated in this chapter is a peace officer. The restriction of peace officer functions of any public officer or employee shall not affect his or her status for purposes of retirement.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2303, § 1. Amended by Stats.1989, c. 1165, § 19.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.1


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.1. Persons who are peace officers; extent of authority


(a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any marshal or deputy marshal of a superior court or county, any port warden or port police officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:


(1) As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves.


(2) Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her to give consent, if the place is within a county.


(3) As to any public offense committed or which there is probable cause to believe has been committed in the peace officer's presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense.


(b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed.


(c) Any deputy sheriff of the County of Los Angeles, and any deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2303, § 1. Amended by Stats.1977, c. 220, p. 1014, § 1; Stats.1980, c. 1340, p. 4720, § 5, eff. Sept. 30, 1980; Stats.1981, c. 744, p. 2915, § 1; Stats.1989, c. 950, § 1; Stats.1989, c. 1165, § 20.1; Stats.1990, c. 1695 (S.B.2140), § 9; Stats.1992, c. 882 (A.B.3603), § 1; Stats.1994, c. 200 (A.B.1591), § 1; Stats.1996, c. 872 (A.B.3472), § 115; Stats.1996, c. 950 (A.B.574), § 1; Stats.1998, c. 159 (S.B.1452), § 2; Stats.1998, c. 931 (S.B.2139), § 365, eff. Sept. 28, 1998; Stats.1998, c; 931 (S.B.2139), § 365.5, eff. Sept. 28, 1998, operative Jan. 1, 1999; Stats.2000, c. 61 (S.B.1762), § 1; Stats.2001, c. 68 (S.B.926), § 1; Stats.2002, c. 784 (S.B.1316), § 531; Stats.2002, c. 56 (S.B.183), § 7; Stats.2002, c. 185 (A.B.2346), § 2; Stats.2003, c. 47 (A.B.354), § 1; Stats.2003, c. 70 (A.B.1254), § 1; Stats.2003, c. 149 (S.B.79), § 67; Stats.2003, c. 710 (S.B.570), § 3; Stats.2004, c. 516 (A.B.1931), § 1; Stats.2006, c. 127 (A.B.272), § 1, eff. Aug. 21, 2006; Stats.2007, c. 84 (A.B.151), § 1, eff. July 17, 2007; Stats.2008, c. 15 (A.B.2215), § 1, eff. May 16, 2008; Stats.2009, c. 52 (S.B.490), § 1; Stats.2010, c. 575 (A.B.1695), § 1; Stats.2012, c. 66 (S.B.1254), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.2


Effective: June 30, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.2. Peace officers; authority extending to any place in state


The following persons are peace officers whose authority extends to any place in the state:


(a) Any member of the Department of the California Highway Patrol including those members designated under subdivision (a) of Section 2250.1 of the Vehicle Code, provided that the primary duty of the peace officer is the enforcement of any law relating to the use or operation of vehicles upon the highways, or laws pertaining to the provision of police services for the protection of state officers, state properties, and the occupants of state properties, or both, as set forth in the Vehicle Code and Government Code.


(b) A member of the University of California Police Department appointed pursuant to Section 92600 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 92600 of the Education Code.


(c) A member of the California State University Police Departments appointed pursuant to Section 89560 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 89560 of the Education Code.


(d)(1) Any member of the Office of Correctional Safety of the Department of Corrections and Rehabilitation, provided that the primary duties of the peace officer shall be the investigation or apprehension of inmates, wards, parolees, parole violators, or escapees from state institutions, the transportation of those persons, the investigation of any violation of criminal law discovered while performing the usual and authorized duties of employment, and the coordination of those activities with other criminal justice agencies.


(2) Any member of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, provided that the primary duties shall be criminal investigations of Department of Corrections and Rehabilitation personnel and the coordination of those activities with other criminal justice agencies. For purposes of this subdivision, the member of the Office of Internal Affairs shall possess certification from the Commission on Peace Officer Standards and Training for investigators, or have completed training pursuant to Section 6126.1 of the Penal Code.


(e) Employees of the Department of Fish and Game designated by the director, provided that the primary duty of those peace officers shall be the enforcement of the law as set forth in Section 856 of the Fish and Game Code.


(f) Employees of the Department of Parks and Recreation designated by the director pursuant to Section 5008 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as set forth in Section 5008 of the Public Resources Code.


(g) The Director of Forestry and Fire Protection and employees or classes of employees of the Department of Forestry and Fire Protection designated by the director pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.


(h) Persons employed by the Department of Alcoholic Beverage Control for the enforcement of Division 9 (commencing with Section 23000) of the Business and Professions Code and designated by the Director of Alcoholic Beverage Control, provided that the primary duty of any of these peace officers shall be the enforcement of the laws relating to alcoholic beverages, as that duty is set forth in Section 25755 of the Business and Professions Code.


(i) Marshals and police appointed by the Board of Directors of the California Exposition and State Fair pursuant to Section 3332 of the Food and Agricultural Code, provided that the primary duty of the peace officers shall be the enforcement of the law as prescribed in that section.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2303, § 1. Amended by Stats.1969, c. 1206, p. 2346, § 1; Stats.1970, c. 1454, p. 2867, § 3; Stats.1971, c. 631, p. 1231, § 2; Stats.1971, c. 632, p. 1240, § 2; Stats.1971, c. 1469, p. 2902, § 6; Stats.1976, c. 1079, p. 4870, § 52; Stats.1976, c. 420, p. 1018, § 4; Stats.1980, c. 1340, p. 4720, § 6, eff. Sept. 30, 1980; Stats.1982, c. 1277, p. 4718, § 2; Stats.1987, c. 367, § 1; Stats.1989, c. 1165, § 21; Stats.1989, c. 1166, § 2; Stats.1990, c. 82 (S.B.655), § 7, eff. May 3, 1990; Stats.1992, c. 427 (A.B.3355), § 128; Stats.1992, c. 1370 (A.B.3193), § 38, eff. Oct. 27, 1992; Gov.Reorg.Plan No. 1 of 1995, § 48, eff. July 12, 1995; Stats.1996, c. 305 (A.B.3103), § 49; Stats.1999, c. 917 (A.B.1502), § 2; Stats.1999, c. 918 (S.B.868), § 4.5; Stats.2008, c. 699 (S.B.1241), § 11; Stats.2009, c. 35 (S.B.174), § 10; Stats.2011, c. 10 (S.B.78), § 5, eff. March 24, 2011; Stats.2011, c. 36 (S.B.92), § 19, eff. June 30, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.29


Effective: January 1, 2002



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.29. Repealed by Stats.1999, c. 840 (A.B.900), § 1, operative Jan. 1, 2004


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.3


Effective: January 1, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.3. Peace officers; employing agencies; authority


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies:


(a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California and the Board of Dental Examiners, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code.


(b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code.


(c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code.


(d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of this code.


(e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code.


(f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code.


(g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code.


(h) All investigators of the State Departments of Health Care Services, Public Health, Social Services, Mental Health, and Alcohol and Drug Programs, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees' Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of his or her department or office. Notwithstanding any other provision of law, investigators of the Public Employees' Retirement System shall not carry firearms.


(i) The Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550.


(j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code.


(k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms.


(l) Investigators of the Department of Corporations designated by the Commissioner of Corporations, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Corporations. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.


(m) Persons employed by the Contractors State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than 12 persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other provision of law, the persons designated pursuant to this subdivision shall not carry firearms.


(n) The Chief and coordinators of the Law Enforcement Branch of the California Emergency Management Agency.


(o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.


(p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to assuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery.


(q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code.


Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.


(r) The chief and assistant chief of museum security and safety of the California Science Center, as designated by the executive director pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code.


(s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code.


(t) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by his or her employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency's policy on the use of deadly force.


Every peace officer authorized pursuant to this section to carry firearms by his or her employing agency shall qualify in the use of the firearms at least every six months.


(u) Investigators of the Department of Managed Health Care designated by the Director of the Department of Managed Health Care, provided that the primary duty of these investigators shall be the enforcement of the provisions of laws administered by the Director of the Department of Managed Health Care. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.


(v) The Chief, Deputy Chief, supervising investigators, and investigators of the Office of Protective Services of the State Department of Developmental Services, provided that the primary duty of each of those persons shall be the enforcement of the law relating to the duties of his or her department or office.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2303, § 1. Amended by Stats.1969, c. 1511, p. 3090, § 1; Stats.1970, c. 468, p. 928, § 2; Stats.1970, c. 1454, p. 2867, § 4; Stats.1970, c. 1589, p. 3306, § 1; Stats.1970, c. 1591, p. 3318, § 1; Stats.1970, c. 1592, p. 3322, § 3; Stats.1971, c. 631, p. 1236, § 3; Stats.1971, c. 632, p. 1245, § 3; Stats.1971, c. 701, p. 1358, § 2; Stats.1971, c. 716, p. 1437, § 203; Stats.1971, c. 1695, p. 3634, § 1; Stats.1972, c. 618, p. 1139, § 117; Stats.1972, c. 1377, p. 2832, § 71; Stats.1974, c. 639, p. 1493, § 2; Stats.1974, c. 1403, p. 3072, § 12; Stats.1975, 2nd Ex.Sess., c. 2, p. 4004, § 10.5, eff. Sept. 24, 1975, operative Dec. 12, 1975; Stats.1976, c. 42, p. 1017, § 1; Stats.1976, c. 1406, p. 6325, § 1; Stats.1976, c. 1435, p. 6328, § 3; Stats.1977, c. 1252, p. 4436, § 359, operative July 1, 1978; Stats.1977, c. 220, p. 1014, § 2; Stats.1978, c. 429, p. 1416, § 157.5, eff. July 17, 1978, operative July 1, 1978; Stats.1978, c. 1138, p. 3494, § 1; Stats.1979, c. 573, p. 1799, § 3; Stats.1980, c. 10, p. 53, § 2, eff. Feb. 12, 1980; Stats.1980, c. 676, p. 1981, § 250; Stats.1980, c. 1340, p. 4721, § 7, eff. Sept. 30, 1980; Stats.1981, c. 973, p. 3709, § 1; Stats.1981, c. 975, p. 3789, § 22; Stats.1982, c. 548, p. 2491, § 2.5, eff. Aug. 24, 1982; Stats.1982, c. 1277, p. 4721, § 4; Stats.1984, c. 57, § 1, eff. March 28, 1984; Stats.1984, c. 940, § 1; Stats.1985, c. 1241, § 1, eff. Sept. 30, 1985; Stats.1986, c. 898, § 2; Stats.1988, c. 685, § 1; Stats.1988, c. 1552, § 2; Stats.1989, c. 886, § 101; Stats.1989, c. 1165, § 22; Stats.1989, c. 1166, § 3; Stats.1990, c. 82 (S.B.655), § 8, eff. May 3, 1990; Gov.Reorg.Plan No. 1 of 1991, § 152, eff. July 17, 1991; Stats.1991, c. 877 (A.B.1196), § 2; Stats.1991, c. 910 (S.B.249), § 5; Stats.1993, c. 409 (A.B.2308), § 2, eff. Sept. 17, 1993; Stats.1996, c. 1023 (S.B.1497), § 390, eff. Sept. 29, 1996; Stats.1996, c. 841 (A.B.3220), § 16; Stats.1997, c. 670 (S.B.951), § 1.5; Stats.1997, c. 704 (S.B.826), § 7; Stats.1998, c. 485 (A.B.2803), § 132; Stats.1999, c. 525 (A.B.78), § 191; Stats.1999, c. 840 (A.B.900), § 2, eff. Oct. 10, 1999; Stats.2000, c. 857 (A.B.2903), § 78; Stats.2003, c. 788 (S.B.362), § 80; Stats.2006, c. 74 (A.B.1807), § 46, eff. July 12, 2006; Stats.2007, c. 483 (S.B.1039), § 41; Stats.2010, c. 618 (A.B.2791), § 192; Stats.2010, c. 643 (S.B.1254), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.31


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.31. Persons considered peace officers whose authority extends to any place in state for purpose of performing their primary duty or with respect to other enumerated duties


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized, and under the terms and conditions specified, by their employing agency.


(a) A police officer of the County of Los Angeles, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by his or her employing agency or when performing necessary duties with respect to patrons, employees, and properties of his or her employing agency.


(b) A person designated by a local agency as a park ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the protection of park and other property of the agency and the preservation of the peace therein.


(c)(1) A peace officer of the Department of General Services of the City of Los Angeles who was transferred to the Los Angeles Police Department and designated by the Chief of Police of the Los Angeles Police Department, or his or her designee, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by the City of Los Angeles or when performing necessary duties with respect to patrons, employees, and properties of the City of Los Angeles. For purposes of this section, “ properties” means city offices, city buildings, facilities, parks, yards, and warehouses.


(2) A peace officer designated pursuant to this subdivision, and authorized to carry firearms by the Los Angeles Police Department, shall satisfactorily complete the introductory course of firearm training required by Section 832 and shall requalify in the use of firearms every six months.


(3) Notwithstanding any other provision of law, a peace officer designated pursuant to this subdivision who is authorized to carry a firearm by his or her employing agency while on duty shall not be authorized to carry a firearm when he or she is not on duty.


(d) A housing authority patrol officer employed by the housing authority of a city, district, county, or city and county or employed by the police department of a city and county, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by his or her employing agency or when performing necessary duties with respect to patrons, employees, and properties of his or her employing agency.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 24. Amended by Stats.1993, c. 83 (S.B.1251), § 1, eff. July 9, 1993; Stats.1997, c. 446 (A.B.1308), § 1; Stats.2003, c. 468 (S.B.851), § 11; Stats.2012, c. 795 (S.B.1466), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.32


Effective: January 1, 2001



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.32. Community college and school district police


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) Members of a California Community College police department appointed pursuant to Section 72330 of the Education Code, if the primary duty of the police officer is the enforcement of the law as prescribed in Section 72330 of the Education Code.


(b) Persons employed as members of a police department of a school district pursuant to Section 38000 of the Education Code, if the primary duty of the police officer is the enforcement of the law as prescribed in Section 38000 of the Education Code.


(c) Any peace officer employed by a K-12 public school district or California Community College district who has completed training as prescribed by subdivision (f) of Section 832.3 shall be designated a school police officer.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 25. Amended by Stats.1998, c. 746 (S.B.1627), § 3; Stats.2000, c. 135 (A.B.2539), § 135.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.33


Effective: January 1, 2005



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.33. BART police; harbor or port police; transit police; airport law enforcement officers; railroad police; applications by railroad police officers for access to California Law Enforcement Telecommunications System (CLETS)


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) A member of the San Francisco Bay Area Rapid Transit District Police Department appointed pursuant to Section 28767.5 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the district or when performing necessary duties with respect to patrons, employees, and properties of the district.


(b) Harbor or port police regularly employed and paid in that capacity by a county, city, or district other than peace officers authorized under Section 830.1, if the primary duty of the peace officer is the enforcement of the law in or about the properties owned, operated, or administered by the harbor or port or when performing necessary duties with respect to patrons, employees, and properties of the harbor or port.


(c) Transit police officers or peace officers of a county, city, transit development board, or district, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


(d) Any person regularly employed as an airport law enforcement officer by a city, county, or district operating the airport or by a joint powers agency, created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, operating the airport, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, and administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


(e)(1) Any railroad police officer commissioned by the Governor pursuant to Section 8226 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


(2) Notwithstanding any other provision of law, a railroad police officer who has met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who has been commissioned by the Governor as described herein, and the officer's employing agency, may apply for access to information from the California Law Enforcement Telecommunications System (CLETS) through a local law enforcement agency that has been granted direct access to CLETS, provided that, in addition to other review standards and conditions of eligibility applied by the Department of Justice, the CLETS Advisory Committee and the Attorney General, before access is granted the following are satisfied:


(A) The employing agency shall enter into a Release of CLETS Information agreement as provided for in the CLETS policies, practices, and procedures, and the required background check on the peace officer and other pertinent personnel has been completed, together with all required training.


(B) The Release of CLETS Information agreement shall be in substantially the same form as prescribed by the CLETS policies, practices, and procedures for public agencies of law enforcement who subscribe to CLETS services, and shall be subject to the provisions of Chapter 2.5 (commencing with Section 15150) of Title 2 of Division 3 of the Government Code and the CLETS policies, practices, and procedures.


(C)(i) The employing agency shall expressly waive any objections to jurisdiction in the courts of the State of California for any liability arising from use, abuse, or misuse of CLETS access or services or the information derived therefrom, or with respect to any legal actions to enforce provisions of California law relating to CLETS access, services, or information under this subdivision, and provided that this liability shall be in addition to that imposed by Public Utilities Code Section 8226.


(ii) The employing agency shall further agree to utilize CLETS access, services, or information only for law enforcement activities by peace officers who have met the current requirements of the Commission on Peace Officer Standards and Training necessary for exercising the powers of a peace officer, and who have been commissioned as described herein who are operating within the State of California, where the activities are directly related to investigations or arrests arising from conduct occurring within the State of California.


(iii) The employing agency shall further agree to pay to the Department of Justice and the providing local law enforcement agency all costs related to the provision of access or services, including, but not limited to, any and all hardware, interface modules, and costs for telephonic communications, as well as administrative costs.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 26. Amended by Stats.1990, c. 82 (S.B.655), § 9, eff. May 3, 1990; Stats.1993, c. 990 (A.B.841), § 1; Stats.2004, c. 510 (S.B.1768), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.34


Effective: September 27, 2004



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.34. Municipal utility district and county water district security officers; public utilities commission security officers; park rangers


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) Persons designated as a security officer by a municipal utility district pursuant to Section 12820 of the Public Utilities Code, if the primary duty of the officer is the protection of the properties of the utility district and the protection of the persons thereon.


(b) Persons designated as a security officer by a county water district pursuant to Section 30547 of the Water Code, if the primary duty of the officer is the protection of the properties of the county water district and the protection of the persons thereon.


(c) The security director of the public utilities commission of a city and county, if the primary duty of the security director is the protection of the properties of the commission and the protection of the persons thereon.


(d) Persons employed as a park ranger by a municipal water district pursuant to Section 71341.5 of the Water Code, if the primary duty of the park ranger is the protection of the properties of the municipal water district and the protection of the persons thereon.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 27. Amended by Stats.2004, c. 799 (A.B.1119), § 1, eff. Sept. 27, 2004.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.35


Effective: September 28, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.35. Welfare fraud or child support investigator or inspector; coroner


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) A welfare fraud investigator or inspector, regularly employed and paid in that capacity by a county, if the primary duty of the peace officer is the enforcement of the provisions of the Welfare and Institutions Code.


(b) A child support investigator or inspector, regularly employed and paid in that capacity by a district attorney's office, if the primary duty of the peace officer is the enforcement of the provisions of the Family Code and Section 270.


(c) The coroner and deputy coroners, regularly employed and paid in that capacity, of a county, if the primary duty of the peace officer are those duties set forth in Sections 27469 and 27491 to 27491.4, inclusive, of the Government Code.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 28. Amended by Stats.2000, c. 808 (A.B.1358), § 110.3, eff. Sept. 28, 2000.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.36


Effective: January 1, 2000



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.36. Sergeant-at-Arms; Supreme Court Marshals; appeals court bailiffs; court services officers


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) The Sergeant-at-Arms of each house of the Legislature, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


(b) Marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


(c) Court service officer in a county of the second class and third class, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 29. Amended by Stats.1990, c. 82 (S.B.655), § 10, eff. May 3, 1990; Stats.1990, c. 187 (A.B.878), § 11, eff. June 29, 1990, operative July 1, 1990; Stats.1990, c. 1399 (S.B.2317), § 3; Stats.1999, c. 891 (A.B.1673), § 30.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.37


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.37. Arson-investigating unit; fire department or fire protection agency members; voluntary fire wardens; military firefighter/security guards


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency:


(a) Members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud.


(b) Members other than members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers, when acting in that capacity, is the enforcement of laws relating to fire prevention or fire suppression.


(c) Voluntary fire wardens as are designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.


(d) Firefighter/security guards by the Military Department, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 30. Amended by Stats.1992, c. 427 (A.B.3355), § 129.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.38


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.38. State hospital officer


The officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services appointed pursuant to Section 4313 or 4493 of the Welfare and Institutions Code, are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code provided that the primary duty of the peace officers shall be the enforcement of the law as set forth in Sections 4311, 4313, 4491, and 4493 of the Welfare and Institutions Code. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 30.5. Amended by Stats.2012, c. 24 (A.B.1470), § 20, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.39


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.39. Oregon, Nevada, and Arizona officers


(a) Any regularly employed law enforcement officer of the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety is a peace officer in this state if all of the following conditions are met:


(1) The officer is providing, or attempting to provide, law enforcement services within this state on the state or county highways and areas immediately adjacent thereto, within a distance of up to 50 statute miles of the contiguous border of this state and the state employing the officer.


(2) The officer is providing, or attempting to provide, law enforcement services pursuant to either of the following:


(A) In response to a request for services initiated by a member of the California Highway Patrol.


(B) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by a member of the Department of the California Highway Patrol is impractical to obtain under the circumstances. In those situations, the officer shall obtain authorization as soon as practical.


(3) The officer is providing, or attempting to provide, law enforcement services for the purpose of assisting a member of the California Highway Patrol to provide emergency service in response to misdemeanor or felony criminal activity, pursuant to the authority of a peace officer as provided in subdivision (a) of Section 830.2, or, in the event of highway-related traffic accidents, emergency incidents or other similar public safety problems, whether or not a member of the California Highway Patrol is present at the scene of the event. Nothing in this section shall be construed to confer upon the officer the authority to enforce traffic or motor vehicle infractions.


(4) An agreement pursuant to Section 2403.5 of the Vehicle Code is in effect between the Department of the California Highway Patrol and the agency of the adjoining state employing the officer, the officer acts in accordance with that agreement, and the agreement specifies that the officer and employing agency of the adjoining state shall be subject to the same civil immunities and liabilities as a peace officer and his or her employing agency in this state.


(5) The officer receives no separate compensation from this state for providing law enforcement services within this state.


(6) The adjoining state employing the officer confers similar rights and authority upon a member of the California Highway Patrol who renders assistance within that state.


(b) Whenever, pursuant to Nevada law, a Nevada correctional officer is working or supervising Nevada inmates who are performing conservation-related projects or fire suppression duties within California, the correctional officer may maintain custody of the inmates in California, and retake any inmate who should escape in California, to the same extent as if the correctional officer were a peace officer in this state and the inmate had been committed to his or her custody in proceedings under California law.


(c) Notwithstanding any other provision of law, any person who is acting as a peace officer in this state in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training if the officer has completed the basic training required for peace officers in his or her state.


(d) In no case shall a peace officer of an adjoining state be authorized to provide services within a California jurisdiction during any period in which the regular law enforcement agency of the jurisdiction is involved in a labor dispute.


CREDIT(S)



(Formerly § 830.32, added by Stats.1989, c. 594, § 6. Renumbered § 830.39 and amended by Stats.1989, c. 1165, § 25.5. Amended by Stats.1992, c. 131 (S.B.1366), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.4


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.4. National Guard; security officers of justice department and Hastings College of Law


The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their duties under the conditions as specified by statute. Those peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency.


(a) Members of the California National Guard have the powers of peace officers when they are involved in any or all of the following:


(1) Called or ordered into active state service by the Governor pursuant to the provisions of Section 143 or 146 of the Military and Veterans Code.


(2) Serving within the area wherein military assistance is required.


(3) Directly assisting civil authorities in any of the situations specified in Section 143 or 146.


The authority of the peace officer under this subdivision extends to the area wherein military assistance is required as to a public offense committed or which there is reasonable cause to believe has been committed within that area. The requirements of Section 1031 of the Government Code are not applicable under those circumstances.


(b) Security officers of the Department of Justice when performing assigned duties as security officers.


(c) Security officers of Hastings College of the Law. These officers shall have authority of peace officers only within the City and County of San Francisco. Notwithstanding any other law, the peace officers designated by this subdivision shall not be authorized by this subdivision to carry firearms either on or off duty. Notwithstanding any other law, the act which designated the persons described in this subdivision as peace officers shall serve only to define those persons as peace officers, the extent of their jurisdiction, and the nature and scope of their authority, powers, and duties, and their status shall not change for purposes of retirement, workers' compensation or similar injury or death benefits, or other employee benefits.


CREDIT(S)



(Added by Stats.1989, c. 1165, § 32. Amended by Gov.Reorg.Plan No. 1 of 1995, § 49, eff. July 12, 1995; Stats.1996, c. 305 (A.B.3103), § 50; Stats.2012, c. 227 (S.B.1578), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.41


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.41. Mutual aid agreement; Tulelake, California; Malin, Oregon


Notwithstanding any other provision of law, the City of Tulelake, California is authorized to enter into a mutual aid agreement with the City of Malin, Oregon, for the purpose of permitting their police departments to provide mutual aid to each other when necessary. Before the effective date of the agreement, the agreement shall be reviewed and approved by the Commissioner of the California Highway Patrol.


CREDIT(S)



(Added by Stats.2012, c. 269 (S.B.1067), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.5


Effective: June 27, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.5. Parole and probation officers; correctional or medical facility employees; firearms


The following persons are peace officers whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code, as amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except as specified in this section, these peace officers may carry firearms only if authorized and under those terms and conditions specified by their employing agency:


(a) A parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, probation officer, deputy probation officer, or a board coordinating parole agent employed by the Juvenile Parole Board. Except as otherwise provided in this subdivision, the authority of these parole or probation officers shall extend only as follows:


(1) To conditions of parole, probation, mandatory supervision, or postrelease community supervision by any person in this state on parole, probation, mandatory supervision, or postrelease community supervision.


(2) To the escape of any inmate or ward from a state or local institution.


(3) To the transportation of persons on parole, probation, mandatory supervision, or postrelease community supervision.


(4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment.


(5)(A) To the rendering of mutual aid to any other law enforcement agency.


(B) For the purposes of this subdivision, “parole agent” shall have the same meaning as parole officer of the Department of Corrections and Rehabilitation or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.


(C) Any parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations, is authorized to carry firearms, but only as determined by the director on a case-by-case or unit-by-unit basis and only under those terms and conditions specified by the director or chairperson. The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall develop a policy for arming peace officers of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who comprise “high-risk transportation details” or “high-risk escape details” no later than June 30, 1995. This policy shall be implemented no later than December 31, 1995.


(D) The Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall train and arm those peace officers who comprise tactical teams at each facility for use during “high-risk escape details.”


(b) A correctional officer employed by the Department of Corrections and Rehabilitation, or of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary or any correctional counselor series employee of the Department of Corrections and Rehabilitation or any medical technical assistant series employee designated by the secretary or designated by the secretary and employed by the State Department of Mental Health or any employee of the Board of Parole Hearings designated by the secretary or employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, designated by the secretary or any superintendent, supervisor, or employee having custodial responsibilities in an institution operated by a probation department, or any transportation officer of a probation department.


(c) The following persons may carry a firearm while not on duty: a parole officer of the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, a correctional officer or correctional counselor employed by the Department of Corrections and Rehabilitation, or an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, having custody of wards or any employee of the Department of Corrections and Rehabilitation designated by the secretary. A parole officer of the Juvenile Parole Board may carry a firearm while not on duty only when so authorized by the chairperson of the board and only under the terms and conditions specified by the chairperson. Nothing in this section shall be interpreted to require licensure pursuant to Section 25400. The director or chairperson may deny, suspend, or revoke for good cause a person's right to carry a firearm under this subdivision. That person shall, upon request, receive a hearing, as provided for in the negotiated grievance procedure between the exclusive employee representative and the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or the Juvenile Parole Board, to review the director's or the chairperson's decision.


(d) Persons permitted to carry firearms pursuant to this section, either on or off duty, shall meet the training requirements of Section 832 and shall qualify with the firearm at least quarterly. It is the responsibility of the individual officer or designee to maintain his or her eligibility to carry concealable firearms off duty. Failure to maintain quarterly qualifications by an officer or designee with any concealable firearms carried off duty shall constitute good cause to suspend or revoke that person's right to carry firearms off duty.


(e) The Department of Corrections and Rehabilitation shall allow reasonable access to its ranges for officers and designees of either department to qualify to carry concealable firearms off duty. The time spent on the range for purposes of meeting the qualification requirements shall be the person's own time during the person's off-duty hours.


(f) The secretary shall promulgate regulations consistent with this section.


(g) “High-risk transportation details” and “ high-risk escape details” as used in this section shall be determined by the secretary, or his or her designee. The secretary, or his or her designee, shall consider at least the following in determining “high-risk transportation details” and “high-risk escape details”: protection of the public, protection of officers, flight risk, and violence potential of the wards.


(h) “Transportation detail” as used in this section shall include transportation of wards outside the facility, including, but not limited to, court appearances, medical trips, and interfacility transfers.


(i) This section is operative January 1, 2012.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2307, § 1. Amended by Stats.1969, c. 645, p. 1297, § 1; Stats.1972, c. 198, p. 420, § 3; Stats.1978, c. 642, p. 2102, § 1; Stats.1980, c. 616, p. 1697, § 1; Stats.1980, c. 1340, p. 4725, § 13, eff. Sept. 30, 1980; Stats.1981, c. 1142, p. 4535, § 5; Stats.1982, c. 1086, p. 3958, § 1; Stats.1984, c. 702, § 1, eff. Aug. 23, 1984; Stats.1988, c. 386, § 1.5, eff. Aug. 8, 1988; Stats.1988, c. 942, § 1; Stats.1989, c. 1165, § 33; Stats.1990, c. 1194 (A.B.3905), § 1; Stats.1992, c. 882 (A.B.3603), § 2; Stats.1994, c. 465 (S.B.1756), § 1; Stats.1998, c. 338 (S.B.295), § 3, eff. Aug. 21, 1998; Stats.2001, c. 119 (S.B.890), § 1; Stats.2002, c. 1124 (A.B.3000), § 44, eff. Sept. 30, 2002; Stats.2010, c. 178 (S.B.1115), § 66, operative Jan. 1, 2012; Stats.2011, c. 10 (S.B.78), § 6, eff. March 24, 2011, operative Jan. 1, 2012; Stats.2011, c. 36 (S.B.92), § 20.5, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011, c. 39 (A.B.117), § 26, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011, c. 136 (A.B.116), § 2, eff. July 27, 2011, operative Jan. 1, 2012; Stats.2012, c. 162 (S.B.1171), § 127; Stats.2012, c. 24 (A.B.1470), § 21, eff. June 27, 2012; Stats.2012, c. 43 (S.B.1023), § 25, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.5a


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.5a. Repealed by Stats.1980, c. 1340, p. 4726, § 14


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.55


Effective: July 9, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.55. Correctional officers employed in specified detention facilities; use of firearms in performance of duties


(a)(1) As used in this section, a correctional officer is a peace officer, employed by a city, county, or city and county which operates a facility described in Section 2910.5 of this code or Section 1753.3 of the Welfare and Institutions Code or facilities operated by counties pursuant to Section 6241 or 6242 of this code under contract with the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities within the department, who has the authority and responsibility for maintaining custody of specified state prison inmates or wards, and who performs tasks related to the operation of a detention facility used for the detention of persons who have violated parole or are awaiting parole back into the community or, upon court order, either for their own safekeeping or for the specific purpose of serving a sentence therein.


(2) As used in this section, a correctional officer is also a peace officer, employed by a city, county, or city and county which operates a facility described in Section 4115.55, who has the authority and responsibility for maintaining custody of inmates sentenced to or housed in that facility, and who performs tasks related to the operation of that facility.


(b) A correctional officer shall have no right to carry or possess firearms in the performance of his or her prescribed duties, except, under the direction of the superintendent of the facility, while engaged in transporting prisoners, guarding hospitalized prisoners, or suppressing riots, lynchings, escapes, or rescues in or about a detention facility established pursuant to Section 2910.5or 4115.55 of this code or Section 1753.3 of the Welfare and Institutions Code.


(c) Each person described in this section as a correctional officer, within 90 days following the date of the initial assignment to that position, shall satisfactorily complete the training course specified in Section 832. In addition, each person designated as a correctional officer, within one year following the date of the initial assignment as an officer, shall have satisfactorily met the minimum selection and training standards prescribed by the Board of State and Community Corrections pursuant to Section 6035. Persons designated as correctional officers, before the expiration of the 90-day and one-year periods described in this subdivision, who have not yet completed the required training, may perform the duties of a correctional officer only while under the direct supervision of a correctional officer who has completed the training required in this section, and shall not carry or possess firearms in the performance of their prescribed duties.


(d) This section shall not be construed to confer any authority upon a correctional officer except while on duty.


(e) A correctional officer may use reasonable force in establishing and maintaining custody of persons delivered to him or her by a law enforcement officer, may make arrests for misdemeanors and felonies within the local detention facility pursuant to a duly issued warrant, and may make warrantless arrests pursuant to Section 836.5 only during the duration of his or her job.


CREDIT(S)



(Added by Stats.1990, c. 1285 (A.B.3401), § 2, eff. Sept. 25, 1990. Amended by Stats.1991, c. 1100 (A.B.2022), § 1; Stats.2012, c. 68 (S.B.1351), § 1, eff. July 9, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.6


Effective: January 1, 2008



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.6. Deputized or appointed personnel; peace officer status; powers and duties


(a)(1) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a regional park district or of a transit district, a reserve park ranger, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve deputy of the Department of Fish and Game, a reserve special agent of the Department of Justice, a reserve officer of a community service district which is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, a reserve officer of a school district police department under Section 35021.5 of the Education Code, a reserve officer of a community college police department under Section 72330, a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, or a reserve housing authority patrol officer employed by a housing authority defined in subdivision (d) of Section 830.31, and is assigned specific police functions by that authority, the person is a peace officer, if the person qualifies as set forth in Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph extends only for the duration of the person's specific assignment. A reserve park ranger or a transit, harbor, or port district reserve officer may carry firearms only if authorized by, and under those terms and conditions as are specified by, his or her employing agency.


(2) Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve park ranger, a reserve police officer of a regional park district, transit district, community college district, or school district, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve officer of a community service district that is authorized under subdivision (h) of Section 61600 of the Government Code to maintain a police department or other police protection, or a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, and is so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph includes the full powers and duties of a peace officer as provided by Section 830.1. A transit, harbor, or port district reserve police officer, or a city or county reserve peace officer who is not provided with the powers and duties authorized by Section 830.1, has the powers and duties authorized in Section 830.33, or in the case of a reserve park ranger, the powers and duties that are authorized in Section 830.31, or in the case of a reserve housing authority patrol officer, the powers and duties that are authorized in subdivision (d) of Section 830.31, and a school district reserve police officer or a community college district reserve police officer has the powers and duties authorized in Section 830.32.


(b) Whenever any person designated by a Native American tribe recognized by the United States Secretary of the Interior is deputized or appointed by the county sheriff as a reserve or auxiliary sheriff or a reserve deputy sheriff, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by the county sheriff, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a peace officer pursuant to this subdivision includes the full powers and duties of a peace officer as provided by Section 830.1.


(c) Whenever any person is summoned to the aid of any uniformed peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to him or her by the summoning officer or that are otherwise reasonably necessary to properly assist the officer.


CREDIT(S)



(Added by Stats.1968, c. 1222, p. 2307, § 1. Amended by Stats.1977, c. 987, p. 2969, § 1; Stats.1979, c. 987, p. 3365, § 1; Stats.1980, c. 1301, p. 4393, § 1; Stats.1980, c. 1340, p. 4726, §§ 15, 15.5, eff. Sept. 30, 1980; Stats.1986, c. 160, § 1; Stats.1989, c. 594, § 5; Stats.1989, c. 1165, § 34.1; Stats.1990, c. 1695 (S.B.2140), § 10; Stats.1991, c. 509 (S.B.474), § 1; Stats.1993, c. 169 (A.B.529), § 1; Stats.1993, c. 718 (A.B.674), § 5; Stats.1994, c. 117 (S.B.281), § 4; Stats.1993-94, 1st Ex.Sess., c. 26 (S.B.48), § 1, eff. Sept. 21, 1994; Stats.1993-94, 1st Ex.Sess., c. 26 (S.B.48), § 2, eff. Sept. 21, 1994, operative Jan. 1, 1995; Stats.1995, c. 54 (A.B.787), § 1, eff. July 3, 1995; Stats.1996, c. 1142 (S.B.1797), § 2, eff. Sept. 30, 1996; Stats.2003, c. 292 (A.B.1436), § 4; Stats.2007, c. 118 (A.B.1374), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.61


Effective: January 1, 2001



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.61. Repealed by Stats.1995, c. 192 (A.B.664), § 1, operative Jan. 1, 2001


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.65


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.65. Local officers; emergency appointees to Campaign Against Marijuana Planting


(a) Any person who is a regularly employed police officer of a city or a regularly employed deputy sheriff of a county, or a reserve peace officer of a city or county and is appointed in the manner described in paragraph (1) or (2) of subdivision (a) of Section 832.6, may be appointed as a Campaign Against Marijuana Planting emergency appointee by the Attorney General pursuant to Section 5 of Chapter 1563 of the Statutes of 1985 to assist with a specific investigation, tactical operation, or search and rescue operation. When so appointed, the person shall be a peace officer of the Department of Justice, provided that the person's authority shall extend only for the duration of the specific assignment.


(b) Notwithstanding any other provision of law, any person who is appointed as a peace officer in the manner described in this section shall be deemed to have met the requirements of Section 1031 of the Government Code and the selection and training standards of the Commission on Peace Officer Standards and Training.


CREDIT(S)



(Added by Stats.1988, c. 1482, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.7


Effective: January 1, 2013



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.7. Persons not peace officers but having powers of arrest


The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:


(a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.


(b) Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.


(c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.


(d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.


(e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.


(f) Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.


(g) Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code.


(h) Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243.


(i) Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243.


(j) Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105.


CREDIT(S)



(Added by Stats.1980, c. 1340, p. 4727, § 17, eff. Sept. 30, 1980. Amended by Stats.1983, c. 161, § 1; Stats.1984, c. 905, § 1; Stats.1985, c. 462, § 1; Stats.1987, c. 828, § 50; Stats.1989, c. 1165, § 35; Stats.1990, c. 82 (S.B.655), § 11, eff. May 3, 1990; Stats.1990, c. 518 (A.B.1506), § 1.3, eff. Aug. 13, 1990; Stats.1991, c. 229 (A.B.2175), § 1; Stats.1991, c. 910 (S.B.249), § 6; Stats.1992, c. 427 (A.B.3355), § 130; Stats.1992, c. 107 (A.B.2291), § 1; Stats.1995, c. 44 (A.B.646), § 1; Stats.1996, c. 709 (S.B.1205), § 2; Stats.1996, c. 1065 (A.B.2713), § 2.5; Stats.1998, c. 885 (A.B.1730), § 1; Stats.1999, c. 331 (A.B.89), § 1; Stats.2006, c. 267, § 1; Stats.2006, c. 271 (A.B.1980), § 2; Stats.2007, c. 201 (A.B.1048), § 2; Stats.2008, c. 217 (A.B.1931), § 1; Stats.2012, c. 298 (A.B.801), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.8


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.8. Federal employees; Washoe tribal law enforcement officers


(a) Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest of a peace officer in any of the following circumstances:


(1) Any circumstances specified in Section 836of this code or Section 5150 of the Welfare and Institutions Code for violations of state or local laws.


(2) When these investigators and law enforcement officers are engaged in the enforcement of federal criminal laws and exercise the arrest powers only incidental to the performance of these duties.


(3) When requested by a California law enforcement agency to be involved in a joint task force or criminal investigation.


(4) When probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.


In all of these instances, the provisions of Section 847 shall apply. These investigators and law enforcement officers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfied the training requirements of Section 832, or the equivalent thereof.


This subdivision does not apply to federal officers of the Bureau of Land Management or the United States Forest Service. These officers have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned.


(b) Duly authorized federal employees who comply with the training requirements set forth in Section 832 are peace officers when they are engaged in enforcing applicable state or local laws on property owned or possessed by the United States government, or on any street, sidewalk, or property adjacent thereto, and with the written consent of the sheriff or the chief of police, respectively, in whose jurisdiction the property is situated.


(c) National park rangers are not California peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws provided these rangers are exercising the arrest powers incidental to the performance of their federal duties or providing or attempting to provide law enforcement services in response to a request initiated by California state park rangers to assist in preserving the peace and protecting state parks and other property for which California state park rangers are responsible. National park rangers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfactorily completed the training requirements of Section 832.3, or the equivalent thereof.


(d) Notwithstanding any other provision of law, during a state of war emergency or a state of emergency, as defined in Section 8558 of the Government Code, federal criminal investigators and law enforcement officers who are assisting California law enforcement officers in carrying out emergency operations are not deemed California peace officers, but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws. In these instances, the provisions of Section 847of this code and of Section 8655 of the Government Code shall apply.


(e)(1) Any qualified person who is appointed as a Washoe tribal law enforcement officer is not a California peace officer, but may exercise the powers of a Washoe tribal peace officer when engaged in the enforcement of Washoe tribal criminal laws against any person who is an Indian, as defined in subsection (d) of Section 450b of Title 25 of the United States Code, on Washoe tribal land. The respective prosecuting authorities, in consultation with law enforcement agencies, may agree on who shall have initial responsibility for prosecution of specified infractions. This subdivision is not meant to confer cross-deputized status as California peace officers, nor to confer California peace officer status upon Washoe tribal law enforcement officers when enforcing state or local laws in the State of California. Nothing in this section shall be construed to impose liability upon or to require indemnification by the County of Alpine or the State of California for any act performed by an officer of the Washoe Tribe. Washoe tribal law enforcement officers shall have the right to travel to and from Washoe tribal lands within California in order to carry out tribal duties.


(2) Washoe tribal law enforcement officers are exempted from the provisions of subdivision (a) of Section 25400 and subdivision (a) and subdivisions (c) to (h), inclusive, of Section 25850 while performing their official duties on their tribal lands or while proceeding by a direct route to or from the tribal lands. Tribal law enforcement vehicles are deemed to be emergency vehicles within the meaning of Section 30 of the Vehicle Code while performing official police services.


(3) As used in this subdivision, the term “Washoe tribal lands” includes the following:


(A) All lands located in the County of Alpine within the limits of the reservation created for the Washoe Tribe of Nevada and California, notwithstanding the issuance of any patent and including rights-of-way running through the reservation and all tribal trust lands.


(B) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.


(4) As used in this subdivision, the term “Washoe tribal law” refers to the laws codified in the Law and Order Code of the Washoe Tribe of Nevada and California, as adopted by the Tribal Council of the Washoe Tribe of Nevada and California.


CREDIT(S)



(Added by Stats.1980, c. 1340, p. 4727, § 18, eff. Sept. 30, 1980. Amended by Stats.1984, c. 905, § 2; Stats.1989, c. 1165, § 36; Stats.1990, c. 82 (S.B.655), § 12, eff. May 3, 1990; Stats.1990, c. 900 (A.B.3474), § 1; Stats.1990, c. 1695 (S.B.2140), § 10.3; Stats.1994, c. 424 (A.B.1610), § 1; Stats.1996, c. 1142 (S.B.1797), § 3, eff. Sept. 30, 1996; Stats.1997, c. 33 (A.B.1398), § 1; Stats.2002, c. 545 (S.B.1852), § 4; Stats.2010, c. 178 (S.B.1115), § 67, operative Jan. 1, 2012; Stats.2011, c. 296 (A.B.1023), § 212.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.9


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.9. Animal control officers; firearms


Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.


For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns.


CREDIT(S)



(Added by Stats.1985, c. 1575, § 1. Amended by Stats.1989, c. 1165, § 37; Stats.1990, c. 82 (S.B.655), § 13, eff. May 3, 1990.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.95


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.95. Wearing of peace officer uniform while engaged in picketing or other informational activities; misdemeanor


(a) Any person who wears the uniform of a peace officer while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor, whether or not the person is a peace officer.


(b) This section shall not be construed to authorize or ratify any picketing or other informational activities not otherwise authorized by law.


CREDIT(S)



(Added by Stats.2010, c. 711 (S.B.1080), § 3, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.10


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.10. Identification badge or name plate


Any uniformed peace officer shall wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer.


CREDIT(S)



(Added by Stats.1980, c. 1340, p. 4727, § 20, eff. Sept. 30, 1980. Amended by Stats.1989, c. 1165, § 38.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.11


Effective: June 30, 2011



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.11. Persons not peace officers; powers of arrest and service of warrants; enumeration


(a) The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of those powers pursuant to Section 832. The authority and powers of the persons designated under this section shall extend to any place in the state:


(1) Persons employed by the Department of Financial Institutions designated by the Commissioner of Financial Institutions, provided that the primary duty of these persons shall be the enforcement of, and investigations relating to, the provisions of law administered by the Commissioner of Financial Institutions.


(2) Persons employed by the Department of Real Estate designated by the Real Estate Commissioner, provided that the primary duty of these persons shall be the enforcement of the laws set forth in Part 1 (commencing with Section 10000) and Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code. The Real Estate Commissioner may designate persons under this section, who at the time of their designation, are assigned to the Special Investigations Unit, internally known as the Crisis Response Team.


(3) Persons employed by the State Lands Commission designated by the executive officer, provided that the primary duty of these persons shall be the enforcement of the law relating to the duties of the State Lands Commission.


(4) Persons employed as investigators of the Investigations Bureau of the Department of Insurance, who are designated by the Chief of the Investigations Bureau, provided that the primary duty of these persons shall be the enforcement of the Insurance Code and other laws relating to persons and businesses, licensed and unlicensed by the Department of Insurance, who are engaged in the business of insurance.


(5) Persons employed as investigators and investigator supervisors of the Consumer Services Division or the Rail Safety and Carrier Division of the Public Utilities Commission who are designated by the commission's executive director and approved by the commission, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 308.5 of the Public Utilities Code.


(6)(A) Persons employed by the State Board of Equalization, Investigations Division, who are designated by the board's executive director, provided that the primary duty of these persons shall be the enforcement of laws administered by the State Board of Equalization.


(B) Persons designated pursuant to this paragraph are not entitled to peace officer retirement benefits.


(7) Persons employed by the Department of Food and Agriculture and designated by the Secretary of Food and Agriculture as investigators, investigator supervisors, and investigator managers, provided that the primary duty of these persons shall be enforcement of, and investigations relating to, the Food and Agricultural Code or Division 5 (commencing with Section 12001) of the Business and Professions Code.


(8) The Inspector General and those employees of the Office of the Inspector General as designated by the Inspector General, provided that the primary duty of those persons shall be the enforcement of the law relating to the duties of the Office of the Inspector General.


(b) Notwithstanding any other provision of law, persons designated pursuant to this section may not carry firearms.


(c) Persons designated pursuant to this section shall be included as “peace officers of the state” under paragraph (2) of subdivision (c) of Section 11105 for the purpose of receiving state summary criminal history information and shall be furnished that information on the same basis as peace officers of the state designated in paragraph (2) of subdivision (c) of Section 11105.


CREDIT(S)



(Added by Stats.1988, c. 1265, § 3. Amended by Stats.1989, c. 640, § 7; Stats.1989, c. 699, § 1, eff. Sept. 22, 1989; Stats.1989, c. 699, § 2, eff. Sept. 22, 1989, operative Jan. 1, 1990; Stats.1996, c. 1065 (S.B.2713), § 3; Stats.1996, c. 1066 (S.B.1672), § 1.1; Stats.1996, c. 1064 (A.B.3351), § 803, operative July 1, 1997; Stats.1996, c. 1065 (A.B.2713), § 3.1, operative July 1, 1997; Stats.1996, c. 1066 (S.B.1672), § 1.3, operative July 1, 1997; Stats.1999, c. 1005 (A.B.1658), § 2; Stats.2003, c. 890 (A.B.71), § 4; Stats.2005, c. 190 (A.B.900), § 1; Stats.2006, c. 501 (A.B.1749), § 12; Stats.2011, c. 36 (S.B.92), § 21, eff. June 30, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.12


Effective:[See Text Amendments]



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.12. Litter control officers; vehicle abatement officers; registered sanitarians; solid waste specialists


Notwithstanding any other provision of law, persons designated by a local agency as litter control officers, vehicle abatement officers, registered sanitarians, and solid waste specialists, are not peace officers, may not exercise the powers of arrest of a peace officer, as specified in Section 836, and shall not be authorized to carry or use firearms within the scope and course of their employment. These persons may, however, be authorized by the governing board of the particular local agency to issue citations involving violations of laws relating to abandoned vehicles and littering.


CREDIT(S)



(Added by Stats.1988, c. 726, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.13


Effective: January 1, 2009



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.13. Investigators of an auditor-controller or director of finance; city and county investigative employees; Department of Justice investigative auditors; criminal history information; service of warrants


(a) The following persons are not peace officers but may exercise the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of that power pursuant to Section 832. The authority and power of the persons designated under this section shall extend to any place in the state:


(1) Persons employed as investigators of an auditor-controller or director of finance of any county or persons employed by a city and county who conduct investigations under the supervision of the controller of the city and county, who are regularly employed and paid in that capacity, provided that the primary duty of these persons shall be to engage in investigations related to the theft of funds or the misappropriation of funds or resources, or investigations related to the duties of the auditor-controller or finance director as set forth in Chapter 3.5 (commencing with Section 26880), Chapter 4 (commencing with Section 26900), Chapter 4.5 (commencing with Section 26970), and Chapter 4.6 (commencing with Section 26980) of Part 3 of Division 2 of Title 3 of the Government Code.


(2) Persons employed by the Department of Justice as investigative auditors, provided that the primary duty of these persons shall be to investigate financial crimes. Investigative auditors shall only serve warrants for the production of documentary evidence held by financial institutions, Internet service providers, telecommunications companies, and third parties who are not reasonably suspected of engaging or having engaged in criminal activity related to the documentary evidence for which the warrant is requested.


(b) Notwithstanding any other provision of law, persons designated pursuant to this section shall not carry firearms.


(c) Persons designated pursuant to this section shall be included as “peace officers of the state” under paragraph (2) of subdivision (c) of Section 11105 for the purpose of receiving state summary criminal history information and shall be furnished that information on the same basis as peace officers of the state designated in paragraph (2) of subdivision (c) of Section 11105.


(d) Unless otherwise specifically provided, this section confers to persons designated in this section the same authority and power to serve warrants as conferred by Section 830.11.


CREDIT(S)



(Added by Stats.1997, c. 170 (A.B.433), § 2. Amended by Stats.2008, c. 81 (S.B.1164), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.



West's Ann.Cal.Penal Code § 830.14


Effective: January 1, 2012



West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 2. Of Criminal Procedure (Refs & Annos)

Title 3. Additional Provisions Regarding Criminal Procedure (Refs & Annos)

Chapter 4.5. Peace Officers (Refs & Annos)

§ 830.14. Public rail commuter transit service; fare inspection conductors


(a) A local or regional transit agency or a joint powers agency operating rail service identified in an implementation program adopted pursuant to Article 10 (commencing with Section 130450) of Chapter 4 of Division 12 of the Public Utilities Code may authorize by contract designated persons as conductors performing fare inspection duties who are employed by a railroad corporation that operates public rail commuter transit services for that agency to act as its agent in the enforcement of subdivisions (a)to (d), inclusive, of Section 640 relating to the operation of the rail service if they complete the training requirement specified in this section.


(b) The governing board of the Altamont Commuter Express Authority, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the Alameda Congestion Management Agency, the Santa Clara County Transit District, and the San Joaquin Regional Rail Commission, may contract with designated persons to act as its agents in the enforcement of subdivisions (a)to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section.


(c) The governing board of the Peninsula Corridor Joint Powers Board, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the San Mateo County Transit District, the Santa Clara County Transit District, and the City and County of San Francisco, may appoint designated persons to act as its agents in the enforcement of subdivisions (a)to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section.


(d) The governing board of Foothill Transit, a joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the Cities of Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry, Irwindale, La Habra Heights, La Puente, La Verne, Monrovia, Pomona, San Dimas, South El Monte, Temple City, Walnut, West Covina, and the County of Los Angeles, may resolve to contract with designated persons to act as its agents in the enforcement of subdivisions (a)to (d), inclusive, of Section 640 relating to the operation of a public transportation system if these persons complete the training requirement specified in this section.


(e) The governing board of the Sacramento Regional Transit District, a transit district duly formed pursuant to Part 14 (commencing with Section 102000) of Division 10 of the Public Utilities Code, may designate persons regularly employed by the district as in