BlackletterCalifornia law

CHAPTER 2. Criminal Offender Record Information [13100. - 13370.]

Chapter 2 added by Stats. 1973, Ch. 992.

§§ 13100–13370 · 41 sections

  1. ARTICLE 1. Legislative Findings and Definitions §§ 13100–13104 · 7 sections
    • § 13100 The Legislature finds and declares as follows: (a) That the criminal justice agencies in this state require, for the performance of their official duties,…
    • § 13100.1 (a) The Attorney General shall appoint an advisory committee to the California-Criminal Index and Identification (Cal-CII) system to assist in the ongoing…
    • § 13100.2 (a) The designee of the Attorney General shall serve as chair of the committee. (b) The Department of Justice shall provide staff and support for the…
    • § 13101 As used in this chapter, “criminal justice agencies” are those agencies at all levels of government which perform as their principal functions, activities…
    • § 13102 As used in this chapter, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying…
    • § 13103 Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant…
    • § 13104 Any certified reproduction of any record stored on a nonerasable storage medium under the provisions of this chapter shall be deemed to be a certification of…
  2. ARTICLE 2. Recording Information §§ 13125–13128 · 3 sections
    • § 13125 All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of…
    • § 13127 Each recording agency shall insure that each portion of a criminal offender record that it originates shall include, for all felonies and reportable…
    • § 13128 For purposes of the maintenance of criminal records pursuant to Chapter 4 (commencing with Section 653.75) of Title 15, whenever a person is arrested for a…
  3. ARTICLE 3. Reporting Information §§ 13150–13155 · 7 sections
    • § 13150 (a) For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data…
    • § 13151 (a) The superior court that disposes of a case for which an arrest was required to be reported to the Department of Justice pursuant to Section 13150 or for…
    • § 13151.1 When a disposition described in Section 13151 is one of dismissal of the charge, the disposition report shall state one of the following reasons, as…
    • § 13152 Both admission and release from detention facilities shall be reported by the detention agency to the Department of Justice within 30 days of that action.
    • § 13153 Criminal offender record information relating to arrests for being found in any public place under the influence of intoxicating liquor under subdivision (f)…
    • § 13154 Each reporting agency shall report to the Department of Justice each arrest for the commission of a public offense while in custody in any local detention…
    • § 13155 Commencing January 1, 2013, the Administrative Office of the Courts shall collect from trial courts information regarding the implementation of the 2011…
  4. ARTICLE 4. Information Service §§ 13175–13177 · 3 sections
    • § 13175 When a criminal justice agency supplies fingerprints, or a fingerprint identification number, or such other personal identifiers as the Department of Justice…
    • § 13176 When a criminal justice agency entitled to such information supplies fingerprints, or a fingerprint identification number, or such other personal identifiers…
    • § 13177 Nothing in this chapter shall be construed to prohibit the Department of Justice from requiring criminal justice agencies to report any information which is…
  5. ARTICLE 5. Access to Information §§ 13200–13203 · 4 sections
    • § 13200 Nothing in this chapter shall be construed to affect the right of access of any person or public agency to individual criminal offender record information that…
    • § 13201 Nothing in this chapter shall be construed to authorize access of any person or public agency to individual criminal offender record information unless such…
    • § 13202 (a) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, every public agency or bona fide research institution concerned with…
    • § 13203 (a) A criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer, as defined in…
  6. ARTICLE 6. Local Summary Criminal History Information §§ 13300–13305 · 6 sections
    • § 13300 (a) As used in this section: (1) “Local summary criminal history information” means the master record of information compiled by any local criminal justice…
    • § 13301 As used in this article: (a) “Record” means the master local summary criminal history information as defined in subdivision (a) of Section 13300, or a copy…
    • § 13302 An employee of the local criminal justice agency who knowingly furnishes a record or information obtained from a record to a person who is not authorized by…
    • § 13303 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…
    • § 13304 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…
    • § 13305 (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…
  7. ARTICLE 7. Examinations of Local Records §§ 13320–13326 · 7 sections
    • § 13320 (a) As used in this article, “record” with respect to any person means the local summary criminal history information as defined in subdivision (a) of Section…
    • § 13321 Any person desiring to examine a record relating to himself shall make application to the agency maintaining the record in the form prescribed by that agency…
    • § 13322 The agency may require the application be accompanied by a fee not to exceed twenty-five dollars ($25) that the agency determines is equal to the cost of…
    • § 13323 When an application is received by the agency, the agency shall upon verification of the applicant’s identity determine whether a record pertaining to the…
    • § 13324 (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, he may submit a written request to the…
    • § 13325 The agency shall adopt all regulations necessary to carry out the provisions of this article.
    • § 13326 No person shall require an employee or prospective employee to obtain a copy of a record or notification that a record exists as provided in Section 13323. A…
  8. ARTICLE 8. Referral of Persons on Supervised Release §§ 13350–13352 · 3 sections
    • § 13350 (a) Notwithstanding Section 13302 or any other law, a municipal police department or county sheriff’s department may, subject to the requirements of this…
    • § 13351 (a) A person on supervised release shall be notified that they may consent to the release of their name and address to service providers in the community into…
    • § 13352 This article shall not apply to supervised persons under the jurisdiction of the Department of Corrections and Rehabilitation until July 1, 2021.
  9. ARTICLE 9. Justice Data Accountability and Transparency Act § 13370 · 1 section
    • § 13370 (a) (1) It is the intent of the Legislature to create a workable system of criminal justice data transparency whereby law enforcement prosecution agencies will…