TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006. - 11482.]
Title 1 added by Stats. 1953, Ch. 1385.
§§ 11006–11482 · 273 sections
CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice §§ 11006–11144 · 101 sections
ARTICLE 1. Administration §§ 11006–11010 · 3 sections
- § 11006 The Attorney General shall appoint such agents and other employees as he deems necessary to carry out the provisions of this chapter. All persons employed…
- § 11008 The Attorney General shall from time to time arrange for and organize schools at convenient centers in the State to train peace officers in their powers and…
- § 11010 (a) The Department of Justice shall adopt standards and guidelines regarding the handling of potential evidence arising out of the testing of substances that…
ARTICLE 2. Criminal Investigation §§ 11050–11055 · 7 sections
- § 11050 In any crime of statewide importance, the Attorney General may, upon the request of any district attorney, sheriff or chief of police, assign to such officer…
- § 11050.5 (a) The Attorney General may, upon the request of any district attorney, sheriff, chief of police, or other local, state or federal law enforcement official,…
- § 11051 The Department of Justice shall perform duties in the investigation, detection, apprehension, prosecution or suppression of crimes as may be assigned by the…
- § 11052 For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer of this…
- § 11053 After the effective date of this chapter, and thereafter until the Governor finds and proclaims that an emergency no longer exists in preparing for the…
- § 11054 No investigation of the acts or conduct of any state agency or state official shall be initiated or made through or by the bureau or any employee thereof,…
- § 11055 (a) There is within the Department of Justice the Foreign Prosecution and Law Enforcement Unit designated with the responsibility for assisting local law…
ARTICLE 2.3. California Criminalistics Institute §§ 11060–11062 · 4 sections
- § 11060 There is hereby established in the Bureau of Forensic Services of the Department of Justice the California Criminalistics Institute. The purposes of the…
- § 11061 To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon…
- § 11061.5 (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for…
- § 11062 (a) The Department of Justice shall establish and chair a task force to conduct a review of California’s crime laboratory system. (b) The task force shall be…
ARTICLE 2.4. Tribal Assistance Program § 11070 · 1 section
- § 11070 (a) To improve upon the implementation of concurrent criminal jurisdiction on California Indian lands, the Department of Justice shall, subject to an…
ARTICLE 2.45. Tribal Police Pilot Program §§ 11073–11073.6 · 3 sections
- § 11073 (a) The Tribal Police Pilot Program is hereby established to operate from July 1, 2026, until July 1, 2029, under the direction of the Department of Justice…
- § 11073.5 This article shall remain in effect only until January 1, 2032, and as of that date is repealed.
- § 11073.6 This article shall become operative only upon an appropriation of funds by the Legislature for the purposes of this article.
ARTICLE 2.5. Criminal Record Dissemination §§ 11075–11081 · 10 sections
- § 11075 (a) As used in this article, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying…
- § 11076 Criminal offender record information shall be disseminated, whether directly or through any intermediary, only to such agencies as are, or may subsequently be,…
- § 11077 The Attorney General is responsible for the security of criminal offender record information. To this end, he or she shall: (a) Establish regulations to assure…
- § 11077.1 (a) Commencing July 1, 2005, and except as provided by subdivision (b), the Department of Justice shall accept fingerprint images and related information to…
- § 11077.2 (a) The Attorney General shall establish a communication network that allows the transmission of requests from private service providers in California to the…
- § 11078 Each agency holding or receiving criminal offender record information in a computerized system shall maintain, for such period as is found by the Attorney…
- § 11079 (a) The Attorney General may conduct inquiries and investigations as he or she finds appropriate to carry out functions under this article. The Attorney…
- § 11080 Nothing in this article shall be construed to affect the right of access of any person or public agency to individual criminal offender record information that…
- § 11080.5 A chief of police of a city or the sheriff of a county shall be authorized to request and receive relevant information concerning persons when on parole who…
- § 11081 Nothing in this article shall be construed to authorize access of any person or public agency to individual criminal offender record information unless such…
ARTICLE 3. Criminal Identification and Statistics §§ 11100–11112 · 45 sections
- § 11100 The Attorney General shall provide for the installation of a proper system and file in the office of the bureau, cards containing an outline of the method of…
- § 11101 The Attorney General shall procure from any available source, and file for record and report in the office of the bureau, all descriptions, information,…
- § 11102 The department may use the following systems of identification: the Bertillon, the fingerprint system, and any system of measurement that may be adopted by law…
- § 11102.1 (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based…
- § 11102.2 (a) (1) As used in this section, “custodian of records” means the individual designated by an agency as responsible for the security, storage, dissemination,…
- § 11103 The Attorney General shall keep on file in the office of the bureau a record consisting of duplicates of all measurements, processes, operations, signaletic…
- § 11104 The Attorney General shall file all measurements, information and descriptions received and shall make a complete and systematic record and index, providing a…
- § 11105 (a) (1) The Department of Justice shall maintain state summary criminal history information. (2) As used in this section: (A) “State summary criminal history…
- § 11105.001 (a) A government entity specified in subdivision (c) may require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a…
- § 11105.002 (a) A government entity specified in subdivision (c) shall require specified applicants to undergo a fingerprint-based state and national criminal history…
- § 11105.01 In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and…
- § 11105.02 In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and…
- § 11105.03 (a) Subject to the requirements and conditions set forth in this section and Section 11105, local law enforcement agencies are hereby authorized to provide…
- § 11105.04 (a) A designated Court Appointed Special Advocate (CASA) program shall submit to the Department of Justice fingerprint images and related information of…
- § 11105.05 (a) Criminal justice agencies, as defined in Section 13101, shall require employees, prospective employees, volunteers, contractors, and subcontractors, to…
- § 11105.06 The Department of Justice shall retain an individual’s fingerprint images and related information submitted as part of a peace officer or nonsworn law…
- § 11105.07 (a) An animal control officer, when necessary for performing his or her official duties, shall provide a compelling reason to an appropriate criminal justice…
- § 11105.08 (a) Notwithstanding any other law, a tribe or tribal organization may request from the Department of Justice state and federal summary criminal history…
- § 11105.1 (a) The following persons shall be furnished with state summary criminal history information when needed in the course of their duties: (1) The director of a…
- § 11105.2 (a) (1) The Department of Justice shall provide to the State Department of Social Services, the Medical Board of California, and the Osteopathic Medical Board… see note
- § 11105.3 (a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest…
- § 11105.4 (a) Notwithstanding any other provision of law, a contract or proprietary security organization may request any criminal history information concerning its…
- § 11105.5 When the Department of Justice receives a report that the record of a person has been sealed under Section 851.7, 851.8, or 1203.45, it shall send notice of…
- § 11105.6 Upon the request of a licensed bail agent or bail bond licensee, as described in Sections 1276 and 1276.5, a local law enforcement agency may furnish an…
- § 11105.7 (a) Notwithstanding any other provision of law, when a person is required to submit fingerprints or a fingerprint card to the Department of Justice for a…
- § 11105.75 (a) (1) If, in the course of performing a criminal history background investigation for an agency or entity statutorily authorized to receive a criminal…
- § 11105.8 A nonprofit organization that is funded pursuant to subsection (a) of Section 3796h of Title 42 of the United States Code may be granted access to local,…
- § 11105.9 (a) (1) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, the Department of Corrections and Rehabilitation may provide the…
- § 11106 (a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the…
- § 11106.1 Any system of microphotography, optical disk, or reproduction by other techniques that do not permit additions, deletions, or changes to the original document,…
- § 11106.2 Any criminal justice agency may cause any or all files or records in its official custody to be microphotographed or otherwise reproduced pursuant to Section…
- § 11106.3 Fingerprints may be stored or created in an electronic format that does not permit additions, deletions or changes to the original fingerprints so long as the…
- § 11106.4 (a) Every law enforcement agency shall develop, adopt, and implement written policies and standard protocols pertaining to the best manner to conduct a…
- § 11107 Each sheriff or police chief executive shall furnish all of the following information to the Department of Justice on standard forms approved by the…
- § 11107.5 The Attorney General shall report annually to the Legislature concerning the information pertaining to the sexual abuse of children reported to the Department…
- § 11107.6 The Department of Justice shall inform the Joint Legislative Budget Committee, the Senate Standing Committee on Public Safety, and the Assembly Committee on…
- § 11108 Each sheriff or police chief executive shall submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has…
- § 11108.2 (a) A law enforcement agency shall enter or cause to be entered into the Department of Justice Automated Firearms System each firearm that has been reported…
- § 11108.3 (a) In addition to the requirements of Section 11108.2 that apply to a law enforcement agency’s duty to report to the Department of Justice the recovery of a…
- § 11108.5 (a) If a law enforcement agency identifies serialized property or any property reported pursuant to Section 21628 of the Business and Professions Code that has…
- § 11108.9 Each local law enforcement agency shall develop, in conjunction with and subject to the approval of the Department of Justice, a succinct Serial Number…
- § 11108.10 (a) In addition to the requirements of Sections 11108.2 and 11108.3, a local law enforcement agency may cause to be entered into the United States Department…
- § 11109 Each coroner promptly shall furnish the Department of Justice with copies of fingerprints on standardized eight-inch by eight-inch cards, and descriptions and…
- § 11111 The Department of Justice shall maintain records relative to stolen and lost bicycles in the Criminal Justice Information System. Such records shall be…
- § 11112 The Department of Justice, in providing fingerprint clearances for employment purposes, shall facilitate the processing of fingerprint cards of employees of,…
ARTICLE 3.5. Fingerprints and Photographs §§ 11112.1–11112.7 · 7 sections
- § 11112.1 As used in this article: (a) “California Identification System” or “Cal-ID” means the automated system maintained by the Department of Justice for retaining…
- § 11112.2 The department shall develop a master plan recommending the type, number, and location of equipment necessary to implement RAN. The department shall also…
- § 11112.3 (a) The Attorney General shall appoint a RAN Advisory Committee to review the master plan, policy guidelines, and administrative procedures prepared by the…
- § 11112.4 (a) Within each county or group of counties eligible to receive funding under the department’s master plan for equipment, that elects to participate in the…
- § 11112.5 (a) Costs for equipment purchases based upon the master plan approved by the Attorney General, including state sales tax, freight, insurance, and installation,…
- § 11112.6 (a) The Cal-ID Telecommunications System shall be under the direction of the Attorney General and shall be used exclusively for the official business of the…
- § 11112.7 The Attorney General shall provide an annual status report to the Legislature beginning January 1, 1987, with the final report due January 1, 1990. The report…
ARTICLE 4. Criminal Records §§ 11115–11117 · 8 sections
- § 11115 In any case in which a sheriff, police department or other law enforcement agency makes an arrest and transmits a report of the arrest to the Department of…
- § 11116.5 Any dismissal and reason therefor provided by Section 11115 or 13151. 1 may be used by the person subject to the disposition as an answer to any question…
- § 11116.6 The dispositions provided by Sections 11115 and 13151.1 must be entered on all appropriate records of the party arrested, detained, or against whom criminal…
- § 11116.7 Whenever an accusatory pleading is filed in any court of this state alleging a public offense for which a defendant may be punished by incarceration, for a…
- § 11116.8 The certificate of disposition provided by Section 11116.7 shall describe the charge or charges set forth in the original and any amended accusatory pleading,…
- § 11116.9 The clerk of the court in which the disposition is made shall provide the defendant or his counsel of record with additional certified copies of the…
- § 11116.10 (a) Upon the request of a victim or a witness of a crime, the prosecuting attorney shall, within 30 days of the final disposition of the case, inform the…
- § 11117 The Department of Justice shall prescribe and furnish the procedures and forms to be used for the disposition and other reports required in this article and in…
ARTICLE 5. Examination of Records §§ 11120–11127 · 8 sections
- § 11120 As used in this article, “record” with respect to any person means the state summary criminal history information as defined in subdivision (a) of Section…
- § 11121 It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a…
- § 11122 Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints…
- § 11123 The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee not to exceed twenty-five…
- § 11124 When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is…
- § 11125 No person or agency shall require or request another person to furnish a copy of a record or notification that a record exists or does not exist, as provided…
- § 11126 (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, the applicant may submit a written…
- § 11127 The department shall adopt all regulations necessary to carry out the provisions of this article.
ARTICLE 6. Unlawful Furnishing of State Summary Criminal History Information §§ 11140–11144 · 5 sections
- § 11140 As used in this article: (a) “Record” means the state summary criminal history information as defined in subdivision (a) of Section 11105, or a copy thereof,…
- § 11141 Any employee of the Department of Justice who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to…
- § 11142 Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person who is not…
- § 11143 Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or…
- § 11144 (a) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject…
CHAPTER 1.5. National Search of Criminal Records §§ 11145–11149.4 · 9 sections
- § 11145 In lieu of a national check of fingerprint records conducted by the Federal Bureau of Investigation through the California Department of Justice, state…
- § 11146 This chapter applies to: (a) The Commission on Teacher Credentialing, in licensing of all teaching and services credential applicants, pursuant to Section…
- § 11147 In order that a thorough search may be conducted, the agencies listed in Section 11146 shall require applicants, as a condition of employment or licensing, to…
- § 11148 The agencies listed in Section 11146 may contract with any vendor demonstrating the capability to conduct such background searches in a timely manner and with…
- § 11149 In order to expedite the work of the vendor, all applications submitted to the vendor shall include the results of the fingerprint checks conducted by the…
- § 11149.1 Vendors are exempted from any provisions of Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code which prevent the…
- § 11149.2 Notwithstanding any other provision of law, applicants may be charged for the actual cost of the national search required by this statute, including…
- § 11149.3 Any vendor or employee of a vendor who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive…
- § 11149.4 Any vendor or employee of a vendor who intentionally discloses information, not otherwise public, which that person knows or should reasonably know was…
CHAPTER 2. Control of Crimes and Criminals §§ 11150–11199.5 · 98 sections
ARTICLE 1. Release of Persons Convicted of Arson §§ 11150–11152 · 3 sections
- § 11150 Prior to the release of a person convicted of arson from an institution under the jurisdiction of the Department of Corrections, the Director of Corrections…
- § 11151 Within five days after release of a person convicted of arson from an institution under the jurisdiction of the State Department of State Hospitals, the…
- § 11152 Upon receipt of a notice as provided in Section 11150 or 11151, the State Fire Marshal shall notify all regularly organized fire departments in the county in…
ARTICLE 1.5. Reports of Disposition of Inmates §§ 11155–11158 · 4 sections
- § 11155 (a) As soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the…
- § 11156 The notice sent to the chief of police and county sheriff pursuant to Section 11155 shall include an actual glossy photograph no smaller than 31/8 x 31/8…
- § 11157 The victims may be notified of the opportunity to receive the notices provided by this article by means of adding a paragraph to the information contained on…
- § 11158 As used in this article, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a…
ARTICLE 2. Reports of Injuries §§ 11160–11163.6 · 16 sections
- § 11160 (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public…
- § 11160.1 (a) Any health practitioner employed in any health facility, clinic, physician’s office, local or state public health department, or a clinic or other type of…
- § 11161 Notwithstanding Section 11160, the following shall apply to every physician or surgeon who has under his or her charge or care any person described in…
- § 11161.2 (a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack…
- § 11161.5 (a) It is the intent of the Legislature that on or before January 1, 2006, the California District Attorneys Association, in conjunction with interested…
- § 11161.8 Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such hospital,…
- § 11161.9 (a) A health practitioner who makes a report in accordance with this article shall not incur civil or criminal liability as a result of any report required or…
- § 11162 A violation of this article is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand…
- § 11162.5 As used in this article, the following definitions shall apply: (a) “Health practitioner” has the same meaning as provided in paragraphs (21) to (28),…
- § 11162.7 This article shall not apply when a report is required to be made pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section…
- § 11163 (a) The Legislature finds and declares that even though the Legislature has provided for immunity from liability, pursuant to Section 11161.9, for persons…
- § 11163.2 (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information…
- § 11163.3 (a) A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths…
- § 11163.4 Subject to available funding, the Attorney General, working with the state domestic violence coalition, shall develop, no later than January 1, 2025, a…
- § 11163.5 (a) The purpose of this section is to coordinate and integrate state and local efforts to address fatal domestic violence, and to create a body of information…
- § 11163.6 In order to ensure consistent and uniform results, data may be collected and summarized by the domestic violence death review teams to show the statistical…
ARTICLE 2.4. Homeless Death Review Committees §§ 11163.70–11163.74 · 5 sections
- § 11163.70 For purposes of this article, unless the context requires otherwise, “homeless” has the same meaning as in subdivision (d) of Section 16523 of the Welfare and…
- § 11163.71 (a) A county may establish a homeless death review committee to assist local agencies in identifying the root causes of death of homeless individuals and…
- § 11163.72 (a) An oral or written communication or a document shared within or produced by a homeless death review committee related to a homeless death review is…
- § 11163.73 (a) An organization represented on the homeless death review committee may share with other members of the committee information in its possession concerning…
- § 11163.74 Information gathered by the homeless death review committee and any recommendations made by the committee shall be used by the county to develop education and…
ARTICLE 2.5. Child Abuse and Neglect Reporting Act §§ 11164–11174.3 · 37 sections
- § 11164 (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act. (b) The intent and purpose of this article is to protect…
- § 11165 As used in this article “child” means a person under the age of 18 years.
- § 11165.1 As used in this article, “sexual abuse” means sexual assault or sexual exploitation as defined by the following: (a) “Sexual assault” means conduct in…
- § 11165.2 As used in this article, “neglect” means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under…
- § 11165.3 As used in this article, “the willful harming or injuring of a child or the endangering of the person or health of a child,” means a situation in which any…
- § 11165.4 As used in this article, “unlawful corporal punishment or injury” means a situation where any person willfully inflicts upon any child any cruel or inhuman…
- § 11165.5 As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury or death inflicted upon a child by another person by other…
- § 11165.6 As used in this article, the term “child abuse or neglect” includes physical injury or death inflicted by other than accidental means upon a child by another…
- § 11165.7 (a) As used in this article, “mandated reporter” is defined as any of the following: (1) An employee, volunteer, or governing board or body member of a school…
- § 11165.9 Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any…
- § 11165.11 As used in this article, “licensing agency” means the State Department of Social Services office responsible for the licensing and enforcement of the…
- § 11165.12 As used in this article, the following definitions shall control: (a) “Unfounded report” means a report that is determined by the investigator who conducted…
- § 11165.13 For purposes of this article, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting…
- § 11165.14 The appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or an agency…
- § 11165.15 For the purposes of this article, the fact that a child is homeless or is classified as an unaccompanied youth, as defined in Section 11434a of the federal…
- § 11166 (a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever…
- § 11166.01 (a) Except as provided in subdivision (b), any supervisor or administrator who violates paragraph (1) of subdivision (i) of Section 11166 shall be punished by…
- § 11166.02 (a) A county welfare agency, in accordance with Section 10612.5 of the Welfare and Institutions Code, may develop a program for internet-based reporting of…
- § 11166.05 Any mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of…
- § 11166.1 (a) (1) When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing…
- § 11166.2 In addition to the reports required under Section 11166, any agency specified in Section 11165.9 shall immediately or as soon as practically possible report by…
- § 11166.3 (a) The Legislature intends that in each county the law enforcement agencies and the county welfare or probation department shall develop and implement…
- § 11166.4 (a) Each county may use a children’s advocacy center to implement a coordinated multidisciplinary response pursuant to Section 18961.7 of the Welfare and…
- § 11166.5 (a) On and after January 1, 1985, any mandated reporter as specified in Section 11165.7, with the exception of child visitation monitors, prior to commencing…
- § 11167 (a) Reports of known or reasonably suspected child abuse or neglect pursuant to Section 11166 or Section 11166.05 shall include the name, business address, and…
- § 11167.5 (a) The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a…
- § 11168 The written reports required by Section 11166 shall be submitted on forms adopted by the Department of Justice after consultation with representatives of the…
- § 11169 (a) An agency specified in Section 11165.9 shall forward to the Department of Justice a report in writing of every case it investigates of known or suspected…
- § 11170 (a) (1) The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall…
- § 11170.5 (a) Notwithstanding paragraph (4) of subdivision (b) of Section 11170, the Department of Justice shall make available to a licensed adoption agency, as defined…
- § 11171 (a) (1) The Legislature hereby finds and declares that adequate protection of victims of child physical abuse or neglect has been hampered by the lack of…
- § 11171.2 (a) A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of the child’s parent…
- § 11171.5 (a) If a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that the child has been the victim of…
- § 11172 (a) No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the…
- § 11174 The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of abuse…
- § 11174.1 (a) The Department of Justice, in cooperation with the State Department of Social Services, shall prescribe by regulation guidelines for the investigation of…
- § 11174.3 (a) Whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems it…
ARTICLE 2.6. Child Death Review Teams §§ 11174.32–11174.35 · 4 sections
- § 11174.32 (a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and…
- § 11174.33 Subject to available funding, the Attorney General, working with the California Consortium of Child Abuse Councils, shall develop a protocol for the…
- § 11174.34 (a) (1) The purpose of this section shall be to coordinate and integrate state and local efforts to address fatal child abuse or neglect, and to create a body…
- § 11174.35 The State Department of Social Services shall work with state and local child death review teams and child protective services agencies in order to identify…
ARTICLE 2.7. Elder and Dependent Adult Death Review Teams §§ 11174.4–11174.9 · 6 sections
- § 11174.4 The following definitions shall govern the construction of this article, unless the context requires otherwise: (a) “Elder” means any person who is 65 years of…
- § 11174.5 (a) Each county may establish an interagency elder and dependent adult death review team to assist local agencies in identifying and reviewing suspicious elder…
- § 11174.6 County elder death review teams may be comprised of, but not limited to, the following: (a) Experts in the field of forensic pathology. (b) Medical personnel…
- § 11174.7 (a) An oral or written communication or a document shared within or produced by an elder and dependent adult death review team related to an elder or dependent…
- § 11174.8 (a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent…
- § 11174.9 Information gathered by the elder death review team and any recommendations made by the team shall be used by the county to develop education, prevention, and…
ARTICLE 3. Uniform Act for Out-of-State Parolee Supervision §§ 11175–11179 · 8 sections
- § 11175 This article may be cited as the Uniform Act for Out-of-State Probationer or Parolee Supervision.
- § 11176 Pursuant to the authority vested in this State by that certain act of Congress, approved June 6, 1934, and entitled “An act granting the consent of Congress to…
- § 11177 The compact or compacts authorized by Section 11176 shall be in substantially the following form: A compact entered into by and among the contracting states,…
- § 11177.1 (a) Before a probationer or parolee may be returned to the sending state under this compact, he shall have a right to counsel and to a hearing before a…
- § 11177.5 The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may deputize any person regularly employed by another state to…
- § 11177.6 The officer designated by the Governor pursuant to subdivision 5 of Section 11177 of this code may, subject to the approval of the Department of General…
- § 11178 If any portion of this article is held unconstitutional, such decision shall not affect the validity of any other portions of this act.
- § 11179 This article and compacts made pursuant thereto shall be construed as separate and distinct from any act or acts of this State relating to the extradition of…
ARTICLE 3.5. Interstate Compact for Adult Offender Supervision §§ 11180–11181 · 2 sections
- § 11180 The Interstate Compact for Adult Offender Supervision as contained herein is hereby enacted into law and entered into on behalf of the state with any and all…
- § 11181 (a) There is hereby established the California Council for Interstate Adult Offender Supervision. (b) The council shall exercise oversight and advocacy…
ARTICLE 4. Interstate Corrections Compacts §§ 11189–11198 · 11 sections
- § 11189 The Interstate Corrections Compact as set forth in this section is hereby adopted and entered into with all other jurisdictions joining therein. The provisions…
- § 11190 The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this State with any and all other…
- § 11191 (a) Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in Article II(d) of the Interstate Corrections…
- § 11192 The courts, departments, agencies and officers of this State and its subdivisions shall enforce this compact and shall do all things appropriate to the…
- § 11193 Any inmate sentenced under California law who is imprisoned in another state, pursuant to a compact, shall be entitled to all hearings, within 120 days of the…
- § 11194 The Director of Corrections is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of…
- § 11194.5 (a) At the request of the board of supervisors of any county that is adjacent to another state, the county sheriff shall negotiate with the appropriate…
- § 11195 Every prisoner released from a prison without this state to which he has been committed or transferred from this state pursuant to this article shall be…
- § 11196 The provisions of this article shall be severable and if any phrase, clause, sentence, or provision of this article is declared to be unconstitutional or the…
- § 11197 No person sentenced under California law who is committed or transferred to an institution outside of this state shall be competent to testify for the…
- § 11198 (a) Except as authorized by California statute, no city, county, city and county, or private entity shall cause to be brought into, housed in, confined in, or…
ARTICLE 5. Reports of Animal Cruelty, Abuse, or Neglect § 11199 · 1 section
- § 11199 (a) Any employee of a county child or adult protective services agency, while acting in his or her professional capacity or within the scope of his or her…
ARTICLE 6. Reports of Metal Theft § 11199.5 · 1 section
- § 11199.5 Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum,…
CHAPTER 3. Prevention and Abatement of Unlawful Activities §§ 11200–11482 · 65 sections
ARTICLE 1. Unlawful Liquor Sale Abatement Law §§ 11200–11207 · 8 sections
- § 11200 Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every…
- § 11201 Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney, in the name…
- § 11202 Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either by verified…
- § 11203 Actions brought under this article shall have precedence over all other actions, excepting criminal proceedings, election contests and hearings on injunctions.…
- § 11204 If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered as part of the judgment in the…
- § 11205 Any violation or disobedience of an injunction or order expressly provided for in this article is punishable as a contempt of court by a fine of not less than…
- § 11206 Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed is guilty of a…
- § 11207 “Person,” as used in this article, means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and…
ARTICLE 2. Red Light Abatement Law §§ 11225–11235 · 11 sections
- § 11225 (a) (1) Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution,…
- § 11226 (a) If there is reason to believe that a nuisance, as defined in this article, is kept, maintained, or is in existence in any county, the district attorney or…
- § 11227 (a) Whenever the existence of a nuisance is shown in an action brought under this article to the satisfaction of the court or judge thereof, either by verified…
- § 11228 Actions brought under this article have precedence over all actions, excepting criminal proceedings, election contests and hearings on injunctions, and in such…
- § 11229 Any violation or disobedience of an injunction or order expressly provided for by this article is punishable as a contempt of court by a fine of not less than…
- § 11230 (a) (1) If the existence of a nuisance is established in an action as provided in this article, an order of abatement shall be entered as a part of the…
- § 11231 The proceeds of the sale of the property, as provided in Section 11230, shall be applied as follows: 1. To the fees and costs of removal and sale; 2. To the…
- § 11232 If the owner of the building or place is not guilty of any contempt of court in the proceedings, and appears and pays all costs, fees and allowances which are…
- § 11233 Whenever the owner of a building or place upon which an act or acts constituting a contempt as defined in this article has been committed, is guilty of a…
- § 11234 “Person” as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and…
- § 11235 “Building” as used in this article means so much of any building or structure of any kind as is or may be entered through the same outside entrance.
ARTICLE 3. Control of Gambling Ships §§ 11300–11319 · 20 sections
- § 11300 It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or…
- § 11301 As used in this article “craft” includes every boat, ship, vessel, craft, barge, hulk, float or other thing capable of floating.
- § 11302 It is unlawful for any person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or…
- § 11303 It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person to…
- § 11304 It is unlawful for any person, firm, association or corporation to transport, convey or carry, or to aid in transporting, conveying or carrying any person to…
- § 11305 Any boat, ship, vessel, watercraft, barge, airplane, seaplane or aircraft, hereinafter called “means of conveyance,” used for the purpose of transporting,…
- § 11306 Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney, in the name…
- § 11307 When any means of conveyance is seized pursuant to Section 11306, the owner thereof or any other person otherwise entitled to possession thereof may apply to…
- § 11308 If the existence of a nuisance as defined in this article is shown in any action brought under this article to the satisfaction of the court or judge, either…
- § 11309 Actions brought under this article shall have precedence over all other actions, except criminal proceedings, election contests and hearings on injunctions. If…
- § 11310 If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as part of the…
- § 11311 A violation or disobedience of an injunction or order for abatement provided for in this article is punishable as a contempt of court by a fine of not less…
- § 11312 If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as a part of…
- § 11313 The proceeds of the sale of the means of conveyance shall be applied as follows: First—To the fees and costs of the seizure and sale. Second—To the payment of…
- § 11314 If the owner of the means of conveyance has not been guilty of any contempt of court in a proceeding brought under this article, and appears and pays all…
- § 11315 Whenever the owner of the means of conveyance, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceeding under…
- § 11316 Any person, firm, association or corporation, either as principal, agent, servant, employee or otherwise, who violates any of the provisions of this article is…
- § 11317 The term “gambling ship” as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling,…
- § 11318 If any section, subsection, paragraph, sentence or clause of this article is for any reason held to be invalid, the Legislature hereby declares that had it…
- § 11319 It is unlawful for any person to do any of the following: (a) Violate any provision of Chapter 9 (commencing with Section 319), Chapter 10 (commencing with…
ARTICLE 4.5. Terrorizing §§ 11410–11414 · 5 sections
- § 11410 (a) The Legislature finds and declares that it is the right of every person regardless of actual or perceived disability, gender, gender identity, gender…
- § 11411 (a) It is the intent of the Legislature to criminalize the placement or display of the Nazi Hakenkreuz (hooked cross), also known as the Nazi swastika that was…
- § 11412 Any person who, with intent to cause, attempts to cause or causes another to refrain from exercising his or her religion or from engaging in a religious…
- § 11413 (a) Any person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive, or who commits arson, in or about any of the…
- § 11414 (a) Any person who intentionally harasses the child or ward of any other person because of that person’s employment shall be punished by imprisonment in a…
ARTICLE 4.6. The Hertzberg-Alarcon California Prevention of Terrorism Act §§ 11415–11419 · 7 sections
- § 11415 This article shall be known and may be cited as the Hertzberg-Alarcon California Prevention of Terrorism Act.
- § 11416 The Legislature hereby finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, chemical,…
- § 11417 (a) For the purposes of this article, the following terms have the following meanings: (1) “Weapon of mass destruction” includes chemical warfare agents,…
- § 11418 (a) (1) Any person, without lawful authority, who possesses, develops, manufactures, produces, transfers, acquires, or retains any weapon of mass destruction,…
- § 11418.1 Any person who gives, mails, sends, or causes to be sent any false or facsimile of a weapon of mass destruction to another person, or places, causes to be…
- § 11418.5 (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement as defined in Section 225 of the…
- § 11419 (a) Any person or entity possessing any of the restricted biological agents enumerated in subdivision (b) shall be punished by imprisonment pursuant to…
ARTICLE 6. Paramilitary Organizations § 11460 · 1 section
- § 11460 (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a…
ARTICLE 7. Interruption of Communication §§ 11470–11482 · 13 sections
- § 11470 For the purposes of this article, the following terms have the following meanings: (a) “Communication service” means any communication service that…
- § 11471 (a) Except as authorized by this article, no government entity, and no service provider acting at the request of a government entity, shall interrupt a…
- § 11472 (a) An application by a government entity for a court order authorizing the interruption of a communication service shall be made in writing upon the personal…
- § 11473 Upon application made under Section 11472, the judicial officer may enter an ex parte order, as requested or modified, authorizing interruption of a…
- § 11474 An order authorizing an interruption of a communication service shall include all of the following: (a) A statement of the court’s findings required by Section…
- § 11475 A government entity that interrupts a communication service pursuant to paragraph (2) of subdivision (b) of Section 11471 shall take all of the following…
- § 11476 (a) If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 would authorize the interruption of a…
- § 11477 If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 is not governed by Section 11476, the…
- § 11478 (a) Good faith reliance by a service provider on a court order issued pursuant to Section 11473, a signed statement of intent prepared pursuant to Section…
- § 11479 (a) A person whose communication service has been interrupted pursuant to this article may petition the superior court to contest the grounds for the…
- § 11480 The Legislature finds and declares that ensuring that California users of any communication service not have that service interrupted, and thereby be deprived…
- § 11481 (a) This article does not apply to any of the following actions: (1) The interruption of a communication service with the consent of the affected customer. (2)…
- § 11482 This article does not restrict, expand, or otherwise modify the authority of the Public Utilities Commission.