CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006. - 11144.]

Heading of Chapter 1 amended by Stats. 1972, Ch. 1377.

§§ 11006–11144 · 101 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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.
6. 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…
7. 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,…
8. 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…
9. 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…
10. 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.
11. 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…