"u.s.a"california penal code

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TITLE OF THE ACT
1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is
divided into four parts, as follows:

I.--OF CRIMES AND PUNISHMENTS.
II.--OF CRIMINAL PROCEDURE.
III.--OF THE STATE PRISON AND COUNTY JAILS.

IV.--OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.

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PENAL CODE
SECTION 2-24


2. This Code takes effect at twelve o'clock, noon, on the first dayof January, eighteen hundred and seventy-three.3. No part of it is retroactive, unless expressly so declared.4. The rule of the common law, that penal statutes are to bestrictly construed, has no application to this Code. All itsprovisions are to be construed according to the fair import of theirterms, with a view to effect its objects and to promote justice.5. The provisions of this Code, so far as they are substantiallythe same as existing statutes, must be construed as continuationsthereof, and not as new enactments.6. No act or omission, commenced after twelve o'clock noon of theday on which this Code takes effect as a law, is criminal orpunishable, except as prescribed or authorized by this Code, or bysome of the statutes which it specifies as continuing in force and asnot affected by its provisions, or by some ordinance, municipal,county, or township regulation, passed or adopted, under suchstatutes and in force when this Code takes effect. Any act oromission commenced prior to that time may be inquired of, prosecuted,and punished in the same manner as if this Code had not been passed.7. Words used in this code in the present tense include the futureas well as the present; words used in the masculine gender includethe feminine and neuter; the singular number includes the plural, andthe plural the singular; the word "person" includes a corporation aswell as a natural person; the word "county" includes "city andcounty"; writing includes printing and typewriting; oath includesaffirmation or declaration; and every mode of oral statement, under

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PENAL CODE
SECTION 25-29


25. (a) The defense of diminished capacity is hereby abolished. In
a criminal action, as well as any juvenile court proceeding,
evidence concerning an accused person's intoxication, trauma, mental
illness, disease, or defect shall not be admissible to show or negate
capacity to form the particular purpose, intent, motive, malice
aforethought, knowledge, or other mental state required for the
commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court
proceeding, in which a plea of not guilty by reason of insanity is
entered, this defense shall be found by the trier of fact only when
the accused person proves by a preponderance of the evidence that he
or she was incapable of knowing or understanding the nature and
quality of his or her act and of distinguishing right from wrong at
the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity
or of a mental disorder may be considered by the court only at the
time of sentencing or other disposition or commitment.
(d) 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.


25.5. In any criminal proceeding in which a plea of not guilty by
reason of insanity is entered, this defense shall not be found by the
trier of fact solely on the basis of a personality or adjustment
disorder, a seizure disorder, or an addiction to, or abuse of,
intoxicating substances. This section shall apply only to persons
who utilize this defense on or after the operative date of the
section.



26. All persons are capable of committing crimes except those
belonging to the following classes:
One--Children under the age of 14, in the absence of clear proof
that at the time of committing the act charged against them, they
knew its wrongfulness.
Two--Persons who are mentally incapacitated.
Three--Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent.
Four--Persons who committed the act charged without being
conscious thereof.
Five--Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was no
evil design, intention, or culpable negligence.
Six--Persons (unless the crime be punishable with death) who
committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to and did
believe their lives would be endangered if they refused.



27. (a) The following persons are liable to punishment under the
laws of this state:
(1) All persons who commit, in whole or in part, any crime within
this state.
(2) All who commit any offense without this state which, if
committed within this state, would be larceny, carjacking, robbery,
or embezzlement under the laws of this state, and bring the property
stolen or embezzled, or any part of it, or are found with it, or any
part of it, within this state.
(3) All who, being without this state, cause or aid, advise or
encourage, another person to commit a crime within this state, and
are afterwards found therein.
(b) Perjury, in violation of Section 118, is punishable also when
committed outside of California to the extent provided in Section
118.


28. (a) Evidence of mental disease, mental defect, or mental
disorder shall not be admitted to show or negate the capacity to form
any mental state, including, but not limited to, purpose, intent,
knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act. Evidence of mental disease,
mental defect, or mental disorder is admissible solely on the issue
of whether or not the accused actually formed a required specific
intent, premeditated, deliberated, or harbored malice aforethought,
when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of
diminished capacity, diminished responsibility, or irresistible
impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing
pursuant to Section 1026.
(d) Nothing in this section shall limit a court's discretion,
pursuant to the Evidence Code, to exclude psychiatric or
psychological evidence on whether the accused had a mental disease,
mental defect, or mental disorder at the time of the alleged offense.




29. In the guilt phase of a criminal action, any expert testifying
about a defendant's mental illness, mental disorder, or mental defect
shall not testify as to whether the defendant had or did not have
the required mental states, which include, but are not limited to,
purpose, intent, knowledge, or malice aforethought, for the crimes
charged. The question as to whether the defendant had or did not
have the required mental states shall be decided by the trier of
fact.

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PENAL CODE
SECTION 30-33
30. The parties to crimes are classified as:
1. Principals; and,
2. Accessories.



31. All persons concerned in the commission of a crime, whether it
be felony or misdemeanor, and whether they directly commit the act
constituting the offense, or aid and abet in its commission, or, not
being present, have advised and encouraged its commission, and all
persons counseling, advising, or encouraging children under the age
of fourteen years, or persons who are mentally incapacitated, to
commit any crime, or who, by fraud, contrivance, or force, occasion
the drunkenness of another for the purpose of causing him to commit
any crime, or who, by threats, menaces, command, or coercion, compel
another to commit any crime, are principals in any crime so
committed.



32. Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.



33. Except in cases where a different punishment is prescribed, an
accessory is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.

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. (a) Treason against this state consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort,
and can be committed only by persons owing allegiance to the state.
The punishment of treason shall be death or life imprisonment without
possibility of parole. The penalty shall be determined pursuant to
Sections 190.3 and 190.4.
(b) Upon a trial for treason, the defendant cannot be convicted
unless upon the testimony of two witnesses to the same overt act, or
upon confession in open court; nor, except as provided in Sections
190.3 and 190.4, can evidence be admitted of an overt act not
expressly charged in the indictment or information; nor can the
defendant be convicted unless one or more overt acts be expressly
alleged therein.


38. Misprision of treason is the knowledge and concealment of
treason, without otherwise assenting to or participating in the
crime. It is punishable by imprisonment in the state prison.

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67. Every person who gives or offers any bribe to any executive
officer in this state, with intent to influence him in respect to any
act, decision, vote, opinion, or other proceeding as such officer,
is punishable by imprisonment in the state prison for two, three or
four years, and is disqualified from holding any office in this
state.



67.5. (a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city therein, or political subdivision thereof,
any thing the theft of which would be petty theft is guilty of a
misdemeanor.
(b) If the theft of the thing given or offered would be grand
theft the offense is a felony.



68. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision thereof, who asks, receives, or agrees to
receive, any bribe, upon any agreement or understanding that his or
her vote, opinion, or action upon any matter then pending, or that
may be brought before him or her in his or her official capacity,
shall be influenced thereby, is punishable by imprisonment in the
state prison for two, three, or four years and, in cases in which no
bribe has been actually received, by a restitution fine of not less
than two thousand dollars ($2,000) or not more than ten thousand
dollars ($10,000) or, in cases in which a bribe was actually
received, by a restitution fine of at least the actual amount of the
bribe received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten thousand dollars ($10,000), whichever is
greater, and, in addition thereto, forfeits his or her office,
employment, or appointment, and is forever disqualified from holding
any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant's ability to pay the fine.



69. Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.



70. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, or any county or city therein,
or any political subdivision thereof, who knowingly asks, receives,
or agrees to receive any emolument, gratuity, or reward, or any
promise thereof excepting such as may be authorized by law for doing
an official act, is guilty of a misdemeanor.
(b) This section does not prohibit deputy registrars of voters
from receiving compensation when authorized by local ordinance from
any candidate, political committee, or statewide political
organization for securing the registration of voters.
(c) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman for a public
entity while off duty from his or her principal employment and
outside his or her regular employment as a peace officer of a state
or local agency, and exercising the powers of a peace officer
concurrently with that employment, provided that the peace officer is
in a police uniform and is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
Notwithstanding the above provisions, any and all civil and criminal
liability arising out of the secondary employment of any peace
officer pursuant to this subdivision shall be borne by the officer's
secondary employer.
(2) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, by a public entity, while wearing a police
uniform as private security guards or patrolmen, and to allow the
exercise of peace officer powers concurrently with that employment.
(d) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman by a private
employer while off duty from his or her principal employment and
outside his or her regular employment as a peace officer, and
exercising the powers of a peace officer concurrently with that
employment, provided that all of the following are true:
(A) The peace officer is in his or her police uniform.
(B) The casual or part-time employment as a private security guard
or patrolman is approved by the county board of supervisors with
jurisdiction over the principal employer or by the board's designee
or by the city council with jurisdiction over the principal employer
or by the council's designee.
(C) The wearing of uniforms and equipment is approved by the
principal employer.
(D) The peace officer is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
(2) Notwithstanding the above provisions, a peace officer while
off duty from his or her principal employment and outside his or her
regular employment as a peace officer of a state or local agency
shall not exercise the powers of a police officer if employed by a
private employer as a security guard during a strike, lockout,
picketing, or other physical demonstration of a labor dispute at the
site of the strike, lockout, picketing, or other physical
demonstration of a labor dispute. The issue of whether or not casual
or part-time employment as a private security guard or patrolman
pursuant to this subdivision is to be approved shall not be a subject
for collective bargaining. Any and all civil and criminal liability
arising out of the secondary employment of any peace officer
pursuant to this subdivision shall be borne by the officer's
principal employer. The principal employer shall require the
secondary employer to enter into an indemnity agreement as a
condition of approving casual or part-time employment pursuant to
this subdivision.
(3) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform approved by
the principal employer, as private security guards or patrolmen, and
to allow the exercise of peace officer powers concurrently with that
employment.
(e) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, other employment
while off duty from his or her principal employment and outside his
or her regular employment as a peace officer of a state or local
agency.
(2) Subject to subdivisions (c) and (d), and except as provided by
written regulations or policies adopted by the employing state or
local agency, or pursuant to an agreement between the employing state
or local agency and a recognized employee organization representing
the peace officer, no peace officer shall be prohibited from engaging
in, or being employed in, other employment while off duty from his
or her principal employment and outside his or her regular employment
as a peace officer of a state or local agency.
(3) If an employer withholds consent to allow a peace officer to
engage in or be employed in other employment while off duty, the
employer shall, at the time of denial, provide the reasons for denial
in writing to the peace officer.



70.5. Every commissioner of civil marriages or every deputy
commissioner of civil marriages who accepts any money or other thing
of value for performing any marriage pursuant to Section 401 of the
Family Code, including any money or thing of value voluntarily
tendered by the persons about to be married or who have been married
by the commissioner of civil marriages or deputy commissioner of
civil marriages, other than a fee expressly imposed by law for
performance of a marriage, whether the acceptance occurs before or
after performance of the marriage and whether or not performance of
the marriage is conditioned on the giving of such money or the thing
of value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this
section that the acceptance of the money or other thing of value be
committed with intent to commit extortion or with other criminal
intent.
This section does not apply to the request or acceptance by any
retired commissioner of civil marriages of a fee for the performance
of a marriage.
This section is inapplicable to the acceptance of a fee for the
performance of a marriage on Saturday, Sunday, or a legal holiday.




71. Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
(2) If such person has been previously convicted of a violation of
this section, such previous conviction shall be charged in the
accusatory pleading, and if such 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, he is punishable by
imprisonment in the state prison.
As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.



72. Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or to any
county, city, or district board or officer, authorized to allow or
pay the same if genuine, any false or fraudulent claim, bill,
account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of
not exceeding one thousand dollars ($1,000), or by both such
imprisonment and fine, or by imprisonment in the state prison, by a
fine of not exceeding ten thousand dollars ($10,000), or by both such
imprisonment and fine.
As used in this section "officer" includes a "carrier," as defined
in subdivision (a) of Section 14124.70 of the Welfare and
Institutions Code, authorized to act as an agent for a state board or
officer or a county, city, or district board or officer, as the case
may be.



72.5. (a) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred in attending a political function
organized to support or oppose any political party or political
candidate, presents such a claim for allowance or for payment to any
state board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims, is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.
(b) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred to gain admittance to a political
function expressly organized to support or oppose any ballot measure,
presents such a claim for allowance or for payment to any state
board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment in the state
prison, by a fine of not exceeding ten thousand dollars ($10,000), or
by both such imprisonment and fine.



73. Every person who gives or offers any gratuity or reward, in
consideration that he or any other person shall be appointed to any
public office, or shall be permitted to exercise or discharge the
duties thereof, is guilty of a misdemeanor.




74. Every public officer who, for any gratuity or reward, appoints
another person to a public office, or permits another person to
exercise or discharge any of the duties of his office, is punishable
by a fine not exceeding ten thousand dollars ($10,000), and, in
addition thereto, forfeits his office and is forever disqualified
from holding any office in this state.



76. (a) Every person who knowingly and willingly threatens the life
of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff, immediate family, or immediate family of the
staff of any elected public official, county public defender, county
clerk, exempt appointee of the Governor, judge, or Deputy
Commissioner of the Board of Prison Terms, with the specific intent
that the statement is to be taken as a threat, and the apparent
ability to carry out that threat by any means, is guilty of a public
offense, punishable as follows:
(1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both that fine and imprisonment.
(2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and 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 offense is punishable by imprisonment
in the state prison.
(b) Any law enforcement agency that has knowledge of a violation
of this section involving a constitutional officer of the state, a
Member of the Legislature, or a member of the judiciary shall
immediately report that information to the Department of the
California Highway Patrol.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Apparent ability to carry out that threat" includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
(2) "Serious bodily harm" includes serious physical injury or
serious traumatic condition.
(3) "Immediate family" means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.

(4) "Staff of a judge" means court officers and employees,
including commissioners, referees, and retired judges sitting on
assignment.
(5) "Threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and 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 immediate family.
(d) As for threats against staff or immediate family of staff, the
threat must relate directly to the official duties of the staff of
the elected public official, county public defender, county clerk,
exempt appointee of the Governor, judge, or Deputy Commissioner of
the Board of Prison Terms in order to constitute a public offense
under this section.
(e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.



77. The various provisions of this title, except Section 76, apply
to administrative and ministerial officers, in the same manner as if
they were mentioned therein.

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85. Every person who gives or offers to give a bribe to any Member
of the Legislature, any member of the legislative body of a city,
county, city and county, school district, or other special district,
or to another person for the member, or attempts by menace, deceit,
suppression of truth, or any corrupt means, to influence a member in
giving or withholding his or her vote, or in not attending the house
or any committee of which he or she is a member, is punishable by
imprisonment in the state prison for two, three or four years.



86. Every Member of either house of the Legislature, or any member
of the legislative body of a city, county, city and county, school
district, or other special district, who asks, receives, or agrees to
receive, any bribe, upon any understanding that his or her official
vote, opinion, judgment, or action shall be influenced thereby, or
shall give, in any particular manner, or upon any particular side of
any question or matter upon which he or she may be required to act in
his or her official capacity, or gives, or offers or promises to
give, any official vote in consideration that another Member of the
Legislature, or another member of the legislative body of a city,
county, city and county, school district, or other special district
shall give this vote either upon the same or another question, is
punishable by imprisonment in the state prison for two, three, or
four years and, in cases in which no bribe has been actually
received, by a restitution fine of not less than two thousand dollars
($2,000) or not more than ten thousand dollars ($10,000) or, in
cases in which a bribe was actually received, by a restitution fine
of at least the actual amount of the bribe received or two thousand
dollars ($2,000), whichever is greater, or any larger amount of not
more than double the amount of any bribe received or ten thousand
dollars ($10,000), whichever is greater.
In imposing a fine under this section, the court shall consider
the defendant's ability to pay the fine.



88. Every Member of the Legislature, and every member of a
legislative body of a city, county, city and county, school district,
or other special district convicted of any crime defined in this
title, in addition to the punishment prescribed, forfeits his or her
office and is forever disqualified from holding any office in this
state or a political subdivision thereof.

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BRIBERY AND CORRUPTION
92. Every person who gives or offers to give a bribe to any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any question
or controversy, with intent to influence his vote, opinion, or
decision upon any matter or question which is or may be brought
before him for decision, is punishable by imprisonment in the state
prison for two, three or four years.



93. (a) Every judicial officer, juror, referee, arbitrator, or
umpire, and every person authorized by law to hear or determine any
question or controversy, who asks, receives, or agrees to receive,
any bribe, upon any agreement or understanding that his or her vote,
opinion, or decision upon any matters or question which is or may be
brought before him or her for decision, shall be influenced thereby,
is punishable by imprisonment in the state prison for two, three, or
four years and, in cases where no bribe has been actually received,
by a restitution fine of not less than two thousand dollars ($2,000)
or not more than ten thousand dollars ($10,000) or, in cases where a
bribe was actually received, by a restitution fine of at least the
actual amount of the bribe received or two thousand dollars ($2,000),
whichever is greater, or any larger amount of not more than double
the amount of any bribe received or ten thousand dollars ($10,000),
whichever is greater.
(b) In imposing a restitution fine under this section, the court
shall consider the defendant's ability to pay the fine.



94. Every judicial officer who asks or receives any emolument,
gratuity, or reward, or any promise thereof, except such as may be
authorized by law, for doing any official act, is guilty of a
misdemeanor. The lawful compensation of a temporary judge shall be
prescribed by Judicial Council rule. Every judicial officer who
shall ask or receive the whole or any part of the fees allowed by law
to any stenographer or reporter appointed by him or her, or any
other person, to record the proceedings of any court or investigation
held by him or her, shall be guilty of a misdemeanor, and upon
conviction thereof shall forfeit his or her office. Any stenographer
or reporter, appointed by any judicial officer in this state, who
shall pay, or offer to pay, the whole or any part of the fees allowed
him or her by law, for his or her appointment or retention in
office, shall be guilty of a misdemeanor, and upon conviction thereof
shall be forever disqualified from holding any similar office in the
courts of this state.


94.5. Every judge, justice, commissioner, or assistant commissioner
of a court of this state who accepts any money or other thing of
value for performing any marriage, including any money or thing of
value voluntarily tendered by the persons about to be married or who
have been married by such judge, justice, commissioner, or assistant
commissioner, whether the acceptance occurs before or after
performance of the marriage and whether or not performance of the
marriage is conditioned on the giving of such money or the thing of
value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this
section that the acceptance of the money or other thing of value be
committed with intent to commit extortion or with other criminal
intent.
This section does not apply to the request for or acceptance of a
fee expressly imposed by law for performance of a marriage or to the
request or acceptance by any retired judge, retired justice, or
retired commissioner of a fee for the performance of a marriage. For
the purposes of this section, a retired judge or retired justice
sitting on assignment in court shall not be deemed to be a retired
judge or retired justice.
This section does not apply to an acceptance of a fee for
performing a marriage on Saturday, Sunday, or a legal holiday.




95. Every person who corruptly attempts to influence a juror, or
any person summoned or drawn as a juror, or chosen as an arbitrator
or umpire, or appointed a referee, in respect to his or her verdict
in, or decision of, any cause or proceeding, pending, or about to be
brought before him or her, is punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in the state prison,
if it is by means of any of the following:
(a) Any oral or written communication with him or her except in
the regular course of proceedings.
(b) Any book, paper, or instrument exhibited, otherwise than in
the regular course of proceedings.
(c) Any threat, intimidation, persuasion, or entreaty.
(d) Any promise, or assurance of any pecuniary or other advantage.



95.1. Every person who threatens a juror with respect to a criminal
proceeding in which a verdict has been rendered and who has the
intent and apparent ability to carry out the threat so as to cause
the target of the threat to reasonably fear for his or her safety or
the safety of his or her immediate family, is guilty of a public
offense and shall be punished by imprisonment in a county jail for
not more than one year, or by imprisonment in the state prison, or by
a fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.



95.2. Any person who, with knowledge of the relationship of the
parties and without court authorization and juror consent,
intentionally provides a defendant or former defendant to any
criminal proceeding information from records sealed by the court
pursuant to subdivision (b) of Section 237 of the Code of Civil
Procedure, knowing that the records have been sealed, in order to
locate or communicate with a juror to that proceeding and that
information is used to violate Section 95 or 95.1, shall be guilty of
a misdemeanor. Except as otherwise provided by any other law or
court order limiting communication with a juror after a verdict has
been reached, compliance with Section 206 of the Code of Civil
Procedure shall constitute court authorization.



95.3. Any person licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code
who, with knowledge of the relationship of the parties and without
court authorization and juror consent, knowingly provides a defendant
or former defendant to any criminal proceeding information in order
to locate or communicate with a juror to that proceeding is guilty of
a misdemeanor. Conviction under this section shall be a basis for
revocation or suspension of any license issued pursuant to Section
7561.1 of the Business and Professions Code. Except as otherwise
provided by any law or court order limiting communication with a
juror after a verdict has been reached, compliance with Section 206
of the Code of Civil Procedure shall constitute court authorization.




96. Every juror, or person drawn or summoned as a juror, or chosen
arbitrator or umpire, or appointed referee, who either: One--Makes
any promise or agreement to give a verdict or decision for or
against any party; or, Two--Willfully and corruptly permits any
communication to be made to him, or receives any book, paper,
instrument, or information relating to any cause or matter pending
before him, except according to the regular course of proceedings, is
punishable by fine not exceeding ten thousand dollars ($10,000), or
by imprisonment in the state prison.



96.5. (a) Every judicial officer, court commissioner, or referee
who commits any act that he or she knows perverts or obstructs
justice, is guilty of a public offense punishable by imprisonment in
a county jail for not more than one year.
(b) Nothing in this section prohibits prosecution under paragraph
(5) of subdivision (a) of Section 182 of the Penal Code or any other
law.


98. Every officer convicted of any crime defined in this Chapter,
in addition to the punishment prescribed, forfeits his office and is
forever disqualified from holding any office in this State.



99. The Superintendent of State Printing shall not, during his
continuance in office, have any interest, either directly or
indirectly, in any contract in any way connected with his office as
Superintendent of State Printing; nor shall he, during said period,
be interested, either directly or indirectly, in any state printing,
binding, engraving, lithographing, or other state work of any kind
connected with his said office; nor shall he, directly or indirectly,
be interested in any contract for furnishing paper, or other
printing stock or material, to or for use in his said office; and any
violations of these provisions shall subject him, on conviction
before a court of competent jurisdiction, to imprisonment in the
state prison and to a fine of not less than one thousand dollars
($1,000) nor more than ten thousand dollars ($10,000), or by both
such fine and imprisonment.



100. If the Superintendent of State Printing corruptly colludes
with any person or persons furnishing paper or materials, or bidding
therefor, or with any other person or persons, or has any secret
understanding with him or them, by himself or through others, to
defraud the state, or by which the state is defrauded or made to
sustain a loss, contrary to the true intent and meaning of this
chapter, he, upon conviction thereof, forfeits his office, and is
subject to imprisonment in the state prison, and to a fine of not
less than one thousand dollars ($1,000) nor more than ten thousand
dollars ($10,000), or both such fine and imprisonment.

[هيثم الفقى]

102. Every person who willfully injures or destroys, or takes or
attempts to take, or assists any person in taking or attempting to
take, from the custody of any officer or person, any personal
property which such officer or person has in charge under any process
of law, is guilty of a misdemeanor.

[هيثم الفقى]

107. Every prisoner charged with or convicted of a felony who is an
inmate of any public training school or reformatory or county
hospital who escapes or attempts to escape from such public training
school or reformatory or county hospital is guilty of a felony and is
punishable by imprisonment in the state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.



109. Any person who willfully assists any inmate of any public
training school or reformatory to escape, or in an attempt to escape
from such public training school or reformatory is punishable by
imprisonment in the state prison, and fine not exceeding ten thousand
dollars ($10,000).



110. Every person who carries or sends into a public training
school, or reformatory, anything useful to aid a prisoner or inmate
in making his escape, with intent thereby to facilitate the escape of
any prisoner or inmate confined therein, is guilty of a felony.

[هيثم الفقى]

JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS
112. (a) Any person who manufactures or sells any false government
document with the intent to conceal the true citizenship or resident
alien status of another person is guilty of a misdemeanor and shall
be punished by imprisonment in a county jail for one year. Every
false government document that is manufactured or sold in violation
of this section may be charged and prosecuted as a separate and
distinct violation, and consecutive sentences may be imposed for each
violation.
(b) A prosecuting attorney shall have discretion to charge a
defendant with a violation of this section or any other law that
applies.
(c) As used in this section, "government document" means any
document issued by the United States government or any state or local
government, including, but not limited to, any passport, immigration
visa, employment authorization card, birth certificate, driver's
license, identification card, or social security card.



113. Any person who manufactures, distributes or sells false
documents to conceal the true citizenship or resident alien status of
another person is guilty of a felony, and shall be punished by
imprisonment in the state prison for five years or by a fine of
seventy-five thousand dollars ($75,000).



114. Any person who uses false documents to conceal his or her true
citizenship or resident alien status is guilty of a felony, and
shall be punished by imprisonment in the state prison for five years
or by a fine of twenty-five thousand dollars ($25,000).



115. (a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within this state, which instrument, if genuine, might be
filed, registered, or recorded under any law of this state or of the
United States, is guilty of a felony.
(b) Each instrument which is procured or offered to be filed,
registered, or recorded in violation of subdivision (a) shall
constitute a separate violation of this section.
(c) Except in unusual cases where the interests of justice would
best be served if probation is granted, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person with a prior conviction under this section who is
again convicted of a violation of this section in a separate
proceeding.
(2) Any person who is convicted of more than one violation of this
section in a single proceeding, with intent to defraud another, and
where the violations resulted in a cumulative financial loss
exceeding one hundred thousand dollars ($100,000).
(d) For purposes of prosecution under this section, each act of
procurement or of offering a false or forged instrument to be filed,
registered, or recorded shall be considered a separately punishable
offense.


115.1. (a) The Legislature finds and declares that the voters of
California are entitled to accurate representations in materials that
are directed to them in efforts to influence how they vote.
(b) No person shall publish or cause to be published, with intent
to deceive, any campaign advertisement containing a signature that
the person knows to be unauthorized.
(c) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.
(d) For purposes of this section, an authorization to use a
signature shall be oral or written.
(e) Nothing in this section shall be construed to prohibit a
person from publishing or causing to be published a reproduction of
all or part of a document containing an actual or authorized
signature, provided that the signature so reproduced shall not, with
the intent to deceive, be incorporated into another document in a
manner that falsely suggests that the person whose signature is
reproduced has signed the other document.
(f) Any knowing or willful violation of this section is a public
offense punishable by imprisonment in the state prison or in a county
jail, or by a fine not to exceed fifty thousand dollars ($50,000),
or by both that fine and imprisonment.
(g) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.



115.2. (a) No person shall publish or cause to be published, with
actual knowledge, and intent to deceive, any campaign advertisement
containing false or fraudulent depictions, or false or fraudulent
representations, of official public documents or purported official
public documents.
(b) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid newspaper
advertisement, an outdoor advertisement, or any other printed matter,
if the expenditures for that communication are required to be
reported by Chapter 4 (commencing with Section 84100) of Title 9 of
the Government Code.
(c) Any violation of this section is a misdemeanor punishable by
imprisonment in the county jail, or by a fine not to exceed fifty
thousand dollars ($50,000), or both.



115.25. (a) No person or entity shall authorize the production or
distribution, or participate in the authorization of the production
or distribution, of any document, including, but not limited to, any
campaign advertisement, as defined in subdivision (d), that the
person or entity knows contains inaccurate emergency service phone
numbers for various emergency services, including, but not limited
to, police, fire, or ambulance services.
(b) A violation of subdivision (a) shall be an infraction,
punishable by a fine not exceeding two hundred fifty dollars ($250).

(c) A violation of subdivision (a) resulting in the serious injury
or death of persons who innocently rely on the erroneous phone
numbers contained in the document is a misdemeanor, punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment.
(d) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing, as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.



115.3. Any person who alters a certified copy of an official
record, or knowingly furnishes an altered certified copy of an
official record, of this state, including the executive, legislative,
and judicial branches thereof, or of any city, county, city and
county, district, or political subdivision thereof, is guilty of a
misdemeanor.



115.5. (a) Every person who files any false or forged document or
instrument with the county recorder which affects title to, places an
encumbrance on, or places an interest secured by a mortgage or deed
of trust on, real property consisting of a single-family residence
containing not more than four dwelling units, with knowledge that the
document is false or forged, is punishable, in addition to any other
punishment, by a fine not exceeding seventy-five thousand dollars
($75,000).
(b) Every person who makes a false sworn statement to a notary
public, with knowledge that the statement is false, to induce the
notary public to perform an improper notarial act on an instrument or
document affecting title to, or placing an encumbrance on, real
property consisting of a single-family residence containing not more
than four dwelling units is guilty of a felony.



116. Every person who adds any names to the list of persons
selected to serve as jurors for the county, either by placing the
names in the jury box or otherwise, or extracts any name therefrom,
or destroys the jury box or any of the pieces of paper containing the
names of jurors, or mutilates or defaces the names so that they
cannot be read, or changes the names on the pieces of paper, except
in cases allowed by law, is guilty of a felony.



116.5. (a) A person is guilty of tampering with a jury when, prior
to, or within 90 days of, discharge of the jury in a criminal
proceeding, he or she does any of the following:
(1) Confers, or offers or agrees to confer, any payment or benefit
upon a juror or upon a third person who is acting on behalf of a
juror in consideration for the juror or third person supplying
information in relation to an action or proceeding.
(2) Acting on behalf of a juror, accepts or agrees to accept any
payment or benefit for himself or herself or for the juror in
consideration for supplying any information in relation to an action
or proceeding.
(3) Acting on behalf of himself or herself, agrees to accept,
directly or indirectly, any payment or benefit in consideration for
supplying any information in relation to an action or proceeding.
(b) Any person who violates this section is guilty of a
misdemeanor.
(c) In the case of a juror who is within 90 days of having been
discharged, otherwise lawful compensation not exceeding fifty dollars
($50) in value shall not constitute a criminal violation of this
section.
(d) Upon conviction under this section, in addition to the penalty
described in subdivision (b), any compensation received in violation
of this section shall be forfeited by the defendant and deposited in
the Victim Restitution Fund.



117. Every officer or person required by law to certify to the list
of persons selected as jurors who maliciously, corruptly, or
willfully certifies to a false or incorrect list, or a list
containing other names than those selected, or who, being required by
law to write down the names placed on the certified lists on
separate pieces of paper, does not write down and place in the jury
box the same names that are on the certified list, and no more and no
less than are on such list, is guilty of a felony.

[هيثم الفقى]

[
align=justify]
118. (a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath
may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or
she knows to be false, and every person who testifies, declares,
deposes, or certifies under penalty of perjury in any of the cases in
which the testimony, declarations, depositions, or certification is
permitted by law of the State of California under penalty of perjury
and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.



118.1. Every peace officer who files any report with the agency
which employs him or her regarding the commission of any crime or any
investigation of any crime, if he or she knowingly and intentionally
makes any statement regarding any material matter in the report
which the officer knows to be false, whether or not the statement is
certified or otherwise expressly reported as true, is guilty of
filing a false report punishable by imprisonment in the county jail
for up to one year, or in the state prison for one, two, or three
years. This section shall not apply to the contents of any statement
which the peace officer attributes in the report to any other
person.



118a. Any person who, in any affidavit taken before any person
authorized to administer oaths, swears, affirms, declares, deposes,
or certifies that he will testify, declare, depose, or certify before
any competent tribunal, officer, or person, in any case then pending
or thereafter to be instituted, in any particular manner, or to any
particular fact, and in such affidavit willfully and contrary to such
oath states as true any material matter which he knows to be false,
is guilty of perjury. In any prosecution under this section, the
subsequent testimony of such person, in any action involving the
matters in such affidavit contained, which is contrary to any of the
matters in such affidavit contained, shall be prima facie evidence
that the matters in such affidavit were false.



119. The term "oath," as used in the last two sections, includes an
affirmation and every other mode authorized by law of attesting the
truth of that which is stated.



120. So much of an oath of office as relates to the future
performance of official duties is not such an oath as is intended by
the two preceding sections.


121. It is no defense to a prosecution for perjury that the oath
was administered or taken in an irregular manner, or that the person
accused of perjury did not go before, or was not in the presence of,
the officer purporting to administer the oath, if such accused caused
or procured such officer to certify that the oath had been taken or
administered.



122. It is no defense to a prosecution for perjury that the accused
was not competent to give the testimony, deposition, or certificate
of which falsehood is alleged. It is sufficient that he did give
such testimony or make such deposition or certificate.



123. It is no defense to a prosecution for perjury that the accused
did not know the materiality of the false statement made by him; or
that it did not, in fact, affect the proceeding in or for which it
was made. It is sufficient that it was material, and might have been
used to affect such proceeding.


124. The making of a deposition, affidavit or certificate is deemed
to be complete, within the provisions of this chapter, from the time
when it is delivered by the accused to any other person, with the
intent that it be uttered or published as true.



125. An unqualified statement of that which one does not know to be
true is equivalent to a statement of that which one knows to be
false.


126. Perjury is punishable by imprisonment in the state prison for
two, three or four years.



127. Every person who willfully procures another person to commit
perjury is guilty of subornation of perjury, and is punishable in the
same manner as he would be if personally guilty of the prejury so
procured.


128. Every person who, by willful perjury or subornation of perjury
procures the conviction and execution of any innocent person, is
punishable by death or life imprisonment without possibility of
parole. The penalty shall be determined pursuant to Sections 190.3
and 190.4.



129. Every person who, being required by law to make any return,
statement, or report, under oath, willfully makes and delivers any
such return, statement, or report, purporting to be under oath,
knowing the same to be false in any particular, is guilty of perjury,
whether such oath was in fact taken or not.



131. Every person in any matter under investigation for a violation
of the Corporate Securities Law of 1968 (Part 1 (commencing with
Section 25000) of Division 1 of Title 4 of the Corporations Code),
the California Commodity Law of 1990 (Chapter 1 (commencing with
Section 29500) of Division 4.5 of Title 4 of the Corporations Code),
Section 16755 of the Business and Professions Code, or in connection
with an investigation conducted by the head of a department of the
State of California relating to the business activities and subjects
under the jurisdiction of the department, who knowingly and willfully
falsifies, misrepresents, or conceals a material fact or makes any
materially false, fictitious, misleading, or fraudulent statement or
representation, and any person who knowingly and willfully procures
or causes another to violate this section, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding twenty-five thousand dollars ($25,000), or
by both that imprisonment and fine for each violation of this
section. This section does not apply to conduct charged as a
violation of Section 118 of this code.


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[هيثم الفقى]

132. Every person who upon any trial, proceeding, inquiry, or
investigation whatever, authorized or permitted by law, offers in
evidence, as genuine or true, any book, paper, document, record, or
other instrument in writing, knowing the same to have been forged or
fraudulently altered or ante-dated, is guilty of felony.




132.5. (a) A person who is a witness to an event or occurrence that
he or she knows, or reasonably should know, is a crime or who has
personal knowledge of facts that he or she knows, or reasonably
should know, may require that person to be called as a witness in a
criminal prosecution shall not accept or receive, directly or
indirectly, any payment or benefit in consideration for providing
information obtained as a result of witnessing the event or
occurrence or having personal knowledge of the facts.
(b) A violation of this section is a misdemeanor and shall be
punished by imprisonment in a county jail for not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(c) Upon conviction under this section, in addition to the penalty
described in subdivision (b), any compensation received in violation
of this section shall be forfeited by the defendant and deposited in
the Victim Restitution Fund.
(d) This section shall not apply if more than one year has elapsed
from the date of any criminal act related to the information that is
provided under subdivision (a) unless prosecution has commenced for
that criminal act. If prosecution has commenced, this section shall
remain applicable until the final judgment in the action.
(e) This section shall not apply to any of the following
circumstances:
(1) Lawful compensation paid to expert witnesses, investigators,
employees, or agents by a prosecutor, law enforcement agency, or an
attorney employed to represent a person in a criminal matter.
(2) Lawful compensation provided to an informant by a prosecutor
or law enforcement agency.
(3) Compensation paid to a publisher, editor, reporter, writer, or
other person connected with or employed by a newspaper, magazine, or
other publication or a television or radio news reporter or other
person connected with a television or radio station, for disclosing
information obtained in the ordinary course of business.
(4) Statutorily authorized rewards offered by governmental
agencies for information leading to the arrest and conviction of
specified offenders.
(5) Lawful compensation provided to a witness participating in the
Witness Protection Program established pursuant to Title 7.5
(commencing with Section 14020) of Part 4.
(f) For purposes of this section, "information" does not include a
photograph, videotape, audiotape, or any other direct recording of
events or occurrences.



132.5. (a) The Legislature supports and affirms the constitutional
right of every person to communicate on any subject. This section is
intended to preserve the right of every accused person to a fair
trial, the right of the people to due process of law, and the
integrity of judicial proceedings. This section is not intended to
prevent any person from disseminating any information or opinion.
The Legislature hereby finds and declares that the disclosure for
valuable consideration of information relating to crimes by
prospective witnesses can cause the loss of credible evidence in
criminal trials and threatens to erode the reliability of verdicts.
The Legislature further finds and declares that the disclosure for
valuable consideration of information relating to crimes by
prospective witnesses creates an appearance of injustice that is
destructive of public confidence.
(b) A person who is a witness to an event or occurrence that he or
she knows is a crime or who has personal knowledge of facts that he
or she knows or reasonably should know may require that person to be
called as a witness in a criminal prosecution shall not accept or
receive, directly or indirectly, any money or its equivalent in
consideration for providing information obtained as a result of
witnessing the event or occurrence or having personal knowledge of
the facts.
(c) Any person who is a witness to an event or occurrence that he
or she reasonably should know is a crime shall not accept or receive,
directly or indirectly, any money or its equivalent in consideration
for providing information obtained as a result of his or her
witnessing the event or occurrence.
(d) The Attorney General or the district attorney of the county in
which an alleged violation of subdivision (c) occurs may institute a
civil proceeding. Where a final judgment is rendered in the civil
proceeding, the defendant shall be punished for the violation of
subdivision (c) by a fine equal to 150 percent of the amount received
or contracted for by the person.
(e) A violation of subdivision (b) is a misdemeanor punishable by
imprisonment for a term not exceeding six months in a county jail, a
fine not exceeding three times the amount of compensation requested,
accepted, or received, or both the imprisonment and fine.
(f) This section does not apply if more than one year has elapsed
from the date of any criminal act related to the information that is
provided under subdivision (b) or (c) unless prosecution has
commenced for that criminal act. If prosecution has commenced, this
section shall remain applicable until the final judgment in the
action.
(g) This section does not apply to any of the following
circumstances:
(1) Lawful compensation paid to expert witnesses, investigators,
employees, or agents by a prosecutor, law enforcement agency, or an
attorney employed to represent a person in a criminal matter.
(2) Lawful compensation provided to an informant by a prosecutor
or law enforcement agency.
(3) Compensation paid to a publisher, editor, reporter, writer, or
other person connected with or employed by a newspaper, magazine, or
other publication or a television or radio news reporter or other
person connected with a television or radio station, for disclosing
information obtained in the ordinary course of business.
(4) Statutorily authorized rewards offered by governmental
agencies or private reward programs offered by victims of crimes for
information leading to the arrest and conviction of specified
offenders.
(5) Lawful compensation provided to a witness participating in the
Witness Protection Program established pursuant to Title 7.5
(commencing with Section 14020) of Part 4.
(h) For purposes of this section, "information" does not include a
photograph, videotape, audiotape, or any other direct recording of
an event or occurrence.
(i) For purposes of this section, "victims of crimes" shall be
construed in a manner consistent with Section 28 of Article I of the
California Constitution, and shall include victims, as defined in
subdivision (3) of Section 136.


133. Every person who practices any fraud or deceit, or knowingly
makes or exhibits any false statement, representation, token, or
writing, to any witness or person about to be called as a witness
upon any trial, proceeding, inquiry, or investigation whatever,
authorized by law, with intent to affect the testimony of such
witness, is guilty of a misdemeanor.



134. Every person guilty of preparing any false or ante-dated book,
paper, record, instrument in writing, or other matter or thing, with
intent to produce it, or allow it to be produced for any fraudulent
or deceitful purpose, as genuine or true, upon any trial, proceeding,
or inquiry whatever, authorized by law, is guilty of felony.




135. Every person who, knowing that any book, paper, record,
instrument in writing, or other matter or thing, is about to be
produced in evidence upon any trial, inquiry, or investigation
whatever, authorized by law, willfully destroys or conceals the same,
with intent thereby to prevent it from being produced, is guilty of
a misdemeanor.



135.5. Any person who knowingly alters, tampers with, conceals, or
destroys relevant evidence in any disciplinary proceeding against a
public safety officer, for the purpose of harming that public safety
officer, is guilty of a misdemeanor.



136. As used in this chapter:
(1) "Malice" means an intent to vex, annoy, harm, or injure in any
way another person, or to thwart or interfere in any manner with the
orderly administration of justice.
(2) "Witness" means any natural person, (i) having knowledge of
the existence or nonexistence of facts relating to any crime, or (ii)
whose declaration under oath is received or has been received as
evidence for any purpose, or (iii) who has reported any crime to any
peace officer, prosecutor, probation or parole officer, correctional
officer or judicial officer, or (iv) who has been served with a
subpoena issued under the authority of any court in the state, or of
any other state or of the United States, or (v) who would be believed
by any reasonable person to be an individual described in
subparagraphs (i) to (iv), inclusive.
(3) "Victim" means any natural person with respect to whom there
is reason to believe that any crime as defined under the laws of this
state or any other state or of the United States is being or has
been perpetrated or attempted to be perpetrated.



136.1. (a) Except as provided in subdivision (c), any person who
does any of the following is guilty of a public offense and shall be
punished by imprisonment in a county jail for not more than one year
or in the state prison:
(1) Knowingly and maliciously prevents or dissuades any witness or
victim from attending or giving testimony at any trial, proceeding,
or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any
witness or victim from attending or giving testimony at any trial,
proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was
a family member who interceded in an effort to protect the witness or
victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), every person who
attempts to prevent or dissuade another person who has been the
victim of a crime or who is witness to a crime from doing any of the
following is guilty of a public offense and shall be punished by
imprisonment in a county jail for not more than one year or in the
state prison:
(1) Making any report of that victimization to any peace officer
or state or local law enforcement officer or probation or parole or
correctional officer or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or
parole violation to be sought and prosecuted, and assisting in the
prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person in
connection with that victimization.
(c) Every person doing any of the acts described in subdivision
(a) or (b) knowingly and maliciously under any one or more of the
following circumstances, is guilty of a felony punishable by
imprisonment in the state prison for two, three, or four years under
any of the following circumstances:
(1) Where the act is accompanied by force or by an express or
implied threat of force or violence, upon a witness or victim or any
third person or the property of any victim, witness, or any third
person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been
convicted of any violation of this section, any predecessor law
hereto or any federal statute or statute of any other state which, if
the act prosecuted was committed in this state, would be a violation
of this section.
(4) Where the act is committed by any person for pecuniary gain or
for any other consideration acting upon the request of any other
person. All parties to such a transaction are guilty of a felony.
(d) Every person attempting the commission of any act described in
subdivisions (a), (b), and (c) is guilty of the offense attempted
without regard to success or failure of the attempt. The fact that
no person was injured physically, or in fact intimidated, shall be no
defense against any prosecution under this section.
(e) Nothing in this section precludes the imposition of an
enhancement for great bodily injury where the injury inflicted is
significant or substantial.
(f) The use of force during the commission of any offense
described in subdivision (c) shall be considered a circumstance in
aggravation of the crime in imposing a term of imprisonment under
subdivision (b) of Section 1170.



136.2. (a) Except as provided in subdivision (c), upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, any court
with jurisdiction over a criminal matter may issue orders including,
but not limited to, the following:
(1) Any order issued pursuant to Section 6320 of the Family Code.

(2) An order that a defendant shall not violate any provision of
Section 136.1.
(3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
(4) An order that any person described in this section shall have
no communication whatsoever with any specified witness or any victim,
except through an attorney under any reasonable restrictions that
the court may impose.
(5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
(6) An order that a particular law enforcement agency within the
jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
For purposes of this paragraph, "immediate family members" include
the spouse, children, or parents of the victim or witness.
(7) (A) Any order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It
is the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
(B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
(I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
(II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to subdivision (g) of
Section 12021.
(C) Any order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
(b) Any person violating any order made pursuant to paragraphs (1)
to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, any person
so held in contempt shall be entitled to credit for any punishment
imposed therein against any sentence imposed upon conviction of an
offense described in Section 136.1. Any conviction or acquittal for
any substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
(c) (1) Notwithstanding subdivisions (a) and (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or Section
646.91 of the Penal Code shall have precedence in enforcement over
any other restraining or protective order, provided the emergency
protective order meets all of the following requirements:
(A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
(C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
(2) An emergency protective order that meets the requirements of
paragraph (1) shall have precedence in enforcement over the
provisions of any other restraining or protective order only with
respect to those provisions of the emergency protective order that
are more restrictive in relation to the restrained person.
(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(e) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion. All
interested parties shall receive a copy of those orders. In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
(2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been issued, a restraining order or protective
order against the defendant issued by the criminal court in that case
has precedence in enforcement over any civil court order against the
defendant, unless a court issues an emergency protective order
pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of
Division 10 of the Family Code or Section 646.91 of the Penal Code,
in which case the emergency protective order shall have precedence in
enforcement over any other restraining or protective order, provided
the emergency protective order meets the following requirements:
(A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
(C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision (f),
but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and acknowledge the precedence of enforcement of, any
appropriate criminal protective order. On or before July 1, 2006, the
Judicial Council shall modify the criminal and civil court forms
consistent with this subdivision.
(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for assuring appropriate communication and
information sharing between criminal, family, and juvenile courts
concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal
court protective order subject to the following conditions:
(1) Any order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no contact order" issued by a criminal court.
(2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.
(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms consistent
with this section.


136.3. (a) The court shall order that any party enjoined pursuant
to Section 136.2 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.


136.5. Any person who has upon his person a deadly weapon with the
intent to use such weapon to commit a violation of Section 136.1 is
guilty of an offense punishable by imprisonment in the county jail
for not more than one year, or in the state prison.



136.7. Every person imprisoned in a county jail or the state prison
who has been convicted of a ***ual offense, including, but not
limited to, a violation of Section 243.4, 261, 261.5, 262, 264.1,
266, 266a, 266b, 266c, 266f, 285, 286, 288, 288a, or 289, who
knowingly reveals the name and address of any witness or victim to
that offense to any other prisoner with the intent that the other
prisoner will intimidate or harass the witness or victim through the
initiation of unauthorized correspondence with the witness or victim,
is guilty of a public offense, punishable by imprisonment in the
county jail not to exceed one year, or by imprisonment in the state
prison.
Nothing in this section shall prevent the interviewing of
witnesses.



137. (a) Every person who gives or offers, or promises to give, to
any witness, person about to be called as a witness, or person about
to give material information pertaining to a crime to a law
enforcement official, any bribe, upon any understanding or agreement
that the testimony of such witness or information given by such
person shall be thereby influenced is guilty of a felony.
(b) Every person who attempts by force or threat of force or by
the use of fraud to induce any person to give false testimony or
withhold true testimony or to give false material information
pertaining to a crime to, or withhold true material information
pertaining to a crime from, a law enforcement official is guilty of a
felony, punishable by imprisonment in the state prison for two,
three, or four years.
As used in this subdivision, "threat of force" means a credible
threat of unlawful injury to any person or damage to the property of
another which is communicated to a person for the purpose of inducing
him to give false testimony or withhold true testimony or to give
false material information pertaining to a crime to, or to withhold
true material information pertaining to a crime from, a law
enforcement official.
(c) Every person who knowingly induces another person to give
false testimony or withhold true testimony not privileged by law or
to give false material information pertaining to a crime to, or to
withhold true material information pertaining to a crime from, a law
enforcement official is guilty of a misdemeanor.
(d) At the arraignment, on a showing of cause to believe this
section may be violated, the court, on motion of a party, shall
admonish the person who there is cause to believe may violate this
section and shall announce the penalties and other provisions of this
section.
(e) As used in this section "law enforcement official" includes
any district attorney, deputy district attorney, city attorney,
deputy city attorney, the Attorney General or any deputy attorney
general, or any peace officer included in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) The provisions of subdivision (c) shall not apply to an
attorney advising a client or to a person advising a member of his or
her family.



138. (a) Every person who gives or offers or promises to give to
any witness or person about to be called as a witness, any bribe upon
any understanding or agreement that the person shall not attend upon
any trial or other judicial proceeding, or every person who attempts
by means of any offer of a bribe to dissuade any person from
attending upon any trial or other judicial proceeding, is guilty of a
felony.
(b) Every person who is a witness, or is about to be called as
such, who receives, or offers to receive, any bribe, upon any
understanding that his or her testimony shall be influenced thereby,
or that he or she will absent himself or herself from the trial or
proceeding upon which his or her testimony is required, is guilty of
a felony.



139. (a) Except as provided in Sections 71 and 136.1, any person
who has been convicted of any felony offense specified in Section
12021.1 who willfully and maliciously communicates to a witness to,
or a victim of, the crime for which the person was convicted, a
credible threat to use force or violence upon that person or that
person's immediate family, shall be punished by imprisonment in the
county jail not exceeding one year or by imprisonment in the state
prison for two, three, or four years.
(b) Any person who is convicted of violating subdivision (a) who
subsequently is convicted of making a credible threat, as defined in
subdivision (c), which constitutes a threat against the life of, or a
threat to cause great bodily injury to, a person described in
subdivision (a), shall be sentenced to consecutive terms of
imprisonment as prescribed in Section 1170.13.
(c) As used in this section, "a credible threat" is a threat made
with the intent and the apparent ability to carry out the threat so
as to cause the target of the threat to reasonably fear for his or
her safety or the safety of his or her immediate family.
(d) The present incarceration of the person making the threat
shall not be a bar to prosecution under this section.
(e) As used in this section, "malice," "witness," and "victim"
have the meanings given in Section 136.



140. (a) Except as provided in Section 139, every person who
willfully uses force or threatens to use force or violence upon the
person of a witness to, or a victim of, a crime or any other person,
or to take, damage, or destroy any property of any witness, victim,
or any other person, because the witness, victim, or other person has
provided any assistance or information to a law enforcement officer,
or to a public prosecutor in a criminal proceeding or juvenile court
proceeding, shall be punished by imprisonment in the county jail not
exceeding one year, or by imprisonment in the state prison for two,
three, or four years.
(b) A person who is punished under another provision of law for an
act described in subdivision (a) shall not receive an additional
term of imprisonment under this section.



141. (a) Except as provided in subdivision (b), any person who
knowingly, willfully, and intentionally alters, modifies, plants,
places, manufactures, conceals, or moves any physical matter, with
specific intent that the action will result in a person being charged
with a crime or with the specific intent that the physical matter
will be wrongfully produced as genuine or true upon any trial,
proceeding, or inquiry whatever, is guilty of a misdemeanor.
(b) Any peace officer who knowingly, willfully, and intentionally
alters, modifies, plants, places, manufactures, conceals, or moves
any physical matter, with specific intent that the action will result
in a person being charged with a crime or with the specific intent
that the physical matter will be wrongfully produced as genuine or
true upon any trial, proceeding, or inquiry whatever, is guilty of a
felony punishable by two, three, or five years in the state prison.
(c) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.

[هيثم الفقى]

142. (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.
(b) Notwithstanding subdivision (a), the sheriff may determine
whether any jail, institution, or facility under his or her direction
shall be designated as a reception, holding, or confinement
facility, or shall be used for several of those purposes, and may
designate the class of prisoners for which any facility shall be
used.
(c) This section shall not apply to arrests made pursuant to
Section 837.


145. Every public officer or other person, having arrested any
person upon a criminal charge, who willfully delays to take such
person before a magistrate having jurisdiction, to take his
examination, is guilty of a misdemeanor.



146. Every public officer, or person pretending to be a public
officer, who, under the pretense or color of any process or other
legal authority, does any of the following, without a regular process
or other lawful authority, is guilty of a misdemeanor:
(a) Arrests any person or detains that person against his or her
will.
(b) Seizes or levies upon any property.
(c) Dispossesses any one of any lands or tenements.



146a. (a) Any person who falsely represents himself or herself to
be a deputy or clerk in any state department and who, in that assumed
character, does any of the following is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
by a fine not exceeding two thousand five hundred dollars ($2,500),
or both the fine and imprisonment:
(1) Arrests, detains, or threatens to arrest or detain any person.

(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.
(b) Any person who falsely represents himself or herself to be a
public officer, investigator, or inspector in any state department
and who, in that assumed character, does any of the following shall
be punished by imprisonment in a county jail not exceeding one year,
by a fine not exceeding two thousand five hundred dollars ($2,500),
or by both that fine and imprisonment, or by imprisonment in the
state prison:
(1) Arrests, detains, or threatens to arrest or detain any person.

(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.




146b. Every person who, with intent to lead another to believe that
a request or demand for information is being made by the State, a
county, city, or other governmental entity, when such is not the
case, sends to such other person a written or printed form or other
communication which reasonably appears to be such request or demand
by such governmental entity, is guilty of a misdemeanor.



146c. Every person who designates any nongovernmental organization
by any name, including, but not limited to any name that incorporates
the term "peace officer," "police," or "law enforcement," that would
reasonably be understood to imply that the organization is composed
of law enforcement personnel, when, in fact, less than 80 percent of
the voting members of the organization are law enforcement personnel
or firefighters, active or retired, is guilty of a misdemeanor.
Every person who solicits another to become a member of any
organization so named, of which less than 80 percent of the voting
members are law enforcement personnel or firefighters, or to make a
contribution thereto or subscribe to or advertise in a publication of
the organization, or who sells or gives to another any badge, pin,
membership card, or other article indicating membership in the
organization, knowing that less than 80 percent of the voting members
are law enforcement personnel or firefighters, active or retired, is
guilty of a misdemeanor.
As used in this section, "law enforcement personnel" includes
those mentioned in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2, plus any other officers in any segment of law
enforcement who are employed by the state or any of its political
subdivisions.



146d. Every person who sells or gives to another a membership card,
badge, or other device, where it can be reasonably inferred by the
recipient that display of the device will have the result that the
law will be enforced less rigorously as to such person than would
otherwise be the case is guilty of a misdemeanor.



146e. (a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with the
intent or threat to inflict imminent physical harm in retaliation for
the due administration of the laws, publishes, disseminates, or
otherwise discloses the residence address or telephone number of any
peace officer, nonsworn police dispatcher, employee of a city police
department or county sheriff's office, or public safety official, or
that of the spouse or children of these persons who reside with them,
while designating the peace officer, nonsworn police dispatcher,
employee of a city police department or county sheriff's office, or
public safety official, or relative of these persons as such, without
the authorization of the employing agency, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) with regard to any peace
officer, employee of a city police department or county sheriff's
office, or public safety official, or the spouse or children of these
persons, that results in bodily injury to the peace officer,
employee of the city police department or county sheriff's office, or
public safety official, or the spouse or children of these persons,
is a felony.
(c) For purposes of this section, "public safety official" is
defined in Section 6254.24 of the Government Code.



146f. No inmate under the control or supervision of the Department
of Corrections or the Department of the Youth Authority shall be
permitted to work with records or files containing peace officer
personnel information or be allowed access to the immediate area
where that information is normally stored, except for maintenance
services and only after those records or files have been secured and
locked.



146g. (a) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, any employee of a law
enforcement agency, any attorney as defined in Section 6125 of the
Business and Professions Code employed by a governmental agency, or
any trial court employee as defined in Section 71601 of the
Government Code, who does either of the following is guilty of a
misdemeanor punishable by a fine not to exceed one thousand dollars
($1,000):
(1) Discloses, for financial gain, information obtained in the
course of a criminal investigation, the disclosure of which is
prohibited by law.
(2) Solicits, for financial gain, the exchange of information
obtained in the course of a criminal investigation, the disclosure of
which is prohibited by law.
(b) Any person who solicits any other person described in
subdivision (a) for the financial gain of the person described in
subdivision (a) to disclose information obtained in the course of a
criminal investigation, with the knowledge that the disclosure is
prohibited by law, is guilty of a misdemeanor, punishable by a fine
not to exceed one thousand dollars ($1,000).
(c) (1) Any person described in subdivision (a) who, for financial
gain, solicits or sells any photograph or video taken inside any
secure area of a law enforcement or court facility, the taking of
which was not authorized by the law enforcement or court facility
administrator, is guilty of a misdemeanor punishable by a fine not to
exceed one thousand dollars ($1,000).
(2) Any person who solicits any person described in subdivision
(a) for financial gain to the person described in subdivision (a) to
disclose any photograph or video taken inside any secure area of a
law enforcement or court facility, the taking of which was not
authorized by the law enforcement or court facility administrator, is
guilty of a misdemeanor punishable by a fine not to exceed one
thousand dollars ($1,000).
(d) Upon conviction of, and in addition to, any other penalty
prescribed by this section, the defendant shall forfeit any monetary
compensation received in the commission of a violation of this
section and the money shall be deposited in the Victim Restitution
Fund.
(e) Nothing in this section shall apply to officially sanctioned
information, photographs, or video, or to information, photographs,
or video obtained or distributed pursuant to the California
Whistleblower Protection Act or the Local Government Disclosure of
Information Act.
(f) This section shall not be construed to limit or prevent
prosecution pursuant to any other applicable provision of law.




147. Every officer who is guilty of willful inhumanity or
oppression toward any prisoner under his care or in his custody, is
punishable by fine not exceeding four thousand dollars ($4,000), and
by removal from office.


148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison.
(c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment in the state prison.
(d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or in the state
prison.
In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
(1) The officer's holster strap was unfastened by the defendant.
(2) The firearm was partially removed from the officer's holster
by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
(5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
(6) The defendant's fingerprint was found on the firearm or
holster.
(7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician. A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.



148.1. (a) Any person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
employee of a fire department or fire service, district attorney,
newspaper, radio station, television station, deputy district
attorney, employees of the Department of Justice, employees of an
airline, employees of an airport, employees of a railroad or busline,
an employee of a telephone company, occupants of a building or a
news reporter in the employ of a newspaper or radio or television
station, that a bomb or other explosive has been or will be placed or
secreted in any public or private place, knowing that the report is
false, is guilty of a crime punishable by imprisonment in the state
prison, or imprisonment in the county jail not to exceed one year.
(b) Any person who reports to any other peace officer defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a
bomb or other explosive has been or will be placed or secreted in
any public or private place, knowing that the report is false, is
guilty of a crime punishable by imprisonment in the state prison or
in the county jail not to exceed one year if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Any person who maliciously informs any other person that a
bomb or other explosive has been or will be placed or secreted in any
public or private place, knowing that the information is false, is
guilty of a crime punishable by imprisonment in the state prison, or
imprisonment in the county jail not to exceed one year.
(d) Any person who maliciously gives, mails, sends, or causes to
be sent any false or facsimile bomb to another person, or places,
causes to be placed, or maliciously possesses any false or facsimile
bomb, with the intent to cause another to fear for his or her
personal safety or the safety of others, is guilty of a crime
punishable by imprisonment in the state prison, or imprisonment in
the county jail not to exceed one year.



148.2. Every person who willfully commits any of the following acts
at the burning of a building or at any other time and place where
any fireman or firemen or emergency rescue personnel are discharging
or attempting to discharge an official duty, is guilty of a
misdemeanor:
1. Resists or interferes with the lawful efforts of any fireman or
firemen or emergency rescue personnel in the discharge or attempt to
discharge an official duty.
2. Disobeys the lawful orders of any fireman or public officer.
3. Engages in any disorderly conduct which delays or prevents a
fire from being timely extinguished.
4. Forbids or prevents others from assisting in extinguishing a
fire or exhorts another person, as to whom he has no legal right or
obligation to protect or control, from assisting in extinguishing a
fire.



148.3. (a) Any individual who reports, or causes any report to be
made, to any city, county, city and county, or state department,
district, agency, division, commission, or board, that an "emergency"
exists, knowing that the report is false, is guilty of a misdemeanor
and upon conviction thereof shall be punishable by imprisonment in
the county jail for a period not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) Any individual who reports, or causes any report to be made,
to any city, county, city and county, or state department, district,
agency, division, commission, or board, that an "emergency" exists,
and who knows that the report is false, and who knows or should know
that the response to the report is likely to cause death or great
bodily injury, and great bodily injury or death is sustained by any
person as a result of the false report, is guilty of a felony and
upon conviction thereof shall be punishable by imprisonment in the
state prison, or by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine.
(c) "Emergency" as used in this section means any condition that
results in, or could result in, the response of a public official in
an authorized emergency vehicle, aircraft, or vessel, any condition
that jeopardizes or could jeopardize public safety and results in, or
could result in, the evacuation of any area, building, structure,
vehicle, or of any other place that any individual may enter, or any
situation that results in or could result in activation of the
Emergency Alert System pursuant to Section 8594 of the Government
Code. An activation or possible activation of the Emergency Alert
System pursuant to Section 8594 of the Government Code shall not
constitute an "emergency" for purposes of this section if it occurs
as the result of a report made or caused to be made by a parent,
guardian, or lawful custodian of a child that is based on a good
faith belief that the child is missing.



148.4. (a) Any person who does any of the following is guilty of a
misdemeanor and upon 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 fine and imprisonment:
(1) Willfully and maliciously tampers with, molests, injures, or
breaks any fire protection equipment, fire protection installation,
fire alarm apparatus, wire, or signal.
(2) Willfully and maliciously sends, gives, transmits, or sounds
any false alarm of fire, by means of any fire alarm system or signal
or by any other means or methods.
(b) Any person who willfully and maliciously sends, gives,
transmits, or sounds any false alarm of fire, by means of any fire
alarm system or signal, or by any other means or methods, is guilty
of a felony and upon conviction is punishable by imprisonment in the
state prison or by a fine of not less than five hundred dollars
($500) nor more than ten thousand dollars ($10,000), or by both that
fine and imprisonment, if any person sustains as a result thereof,
any of the following:
(1) Great bodily injury.
(2) Death.



148.5. (a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor.
(b) Every person who reports to any other peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, that a felony or misdemeanor has been committed, knowing the
report to be false, is guilty of a misdemeanor if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Except as provided in subdivisions (a) and (b), every person
who reports to any employee who is assigned to accept reports from
citizens, either directly or by telephone, and who is employed by a
state or local agency which is designated in Section 830.1, 830.2,
subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33,
830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or
misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor if (1) the false information is given while
the employee is engaged in the performance of his or her duties as an
agency employee and (2) the person providing the false information
knows or should have known that the person receiving the information
is an agency employee engaged in the performance of the duties
described in this subdivision.
(d) Every person who makes a report to a grand jury that a felony
or misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor. This subdivision shall not be construed as
prohibiting or precluding a charge of perjury or contempt for any
report made under oath in an investigation or proceeding before a
grand jury.
(e) This section does not apply to reports made by persons who are
required by statute to report known or suspected instances of child
abuse, dependent adult abuse, or elder abuse.



148.6. (a) (1) Every person who files any allegation of misconduct
against any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, knowing the allegation to be
false, is guilty of a misdemeanor.
(2) Any law enforcement agency accepting an allegation of
misconduct against a peace officer shall require the complainant to
read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR
ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO
HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A
RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY
FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT
ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE
RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE
AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR
FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR
AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE.
IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE,
YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.



I have read and understood the above statement.

______________________________________________
Complainant

(3) The advisory shall be available in multiple languages.
(b) Every person who files a civil claim against a peace officer
or a lien against his or her property, knowing the claim or lien to
be false and with the intent to harass or dissuade the officer from
carrying out his or her official duties, is guilty of a misdemeanor.
This section applies only to claims pertaining to actions that arise
in the course and scope of the peace officer's duties.




148.7. Every person who, for the purpose of serving in any county
or city jail, industrial farm or road camp, or other local
correctional institution any part or all of the sentence of another
person, or any part or all of a term of confinement that is required
to be served by another person as a condition of probation,
represents to any public officer or employee that he is such other
person, is guilty of a misdemeanor.



148.9. (a) Any person who falsely represents or identifies himself
or herself as another person or as a fictitious person to any peace
officer listed in Section 830.1 or 830.2, or subdivision (a) of
Section 830.33, upon a lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the investigating officer is guilty
of a misdemeanor.
(b) Any person who falsely represents or identifies himself or
herself as another person or as a fictitious person to any other
peace officer defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, upon lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the arresting officer is guilty of a
misdemeanor if (1) the false information is given while the peace
officer is engaged in the performance of his or her duties as a peace
officer and (2) the person providing the false information knows or
should have known that the person receiving the information is a
peace officer.


148.10. (a) Every person who willfully resists a peace officer in
the discharge or attempt to discharge any duty of his or her office
or employment and whose willful resistance proximately causes death
or serious bodily injury to a peace officer shall be punished by
imprisonment in the state prison for two, three, or four years, or by
a fine of not less than one thousand dollars ($1,000) or more than
ten thousand dollars ($10,000), or by both that fine and
imprisonment, or 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.
(b) For purposes of subdivision (a), the following facts shall be
found by the trier of fact:
(1) That the peace officer's action was reasonable based on the
facts or circumstances confronting the officer at the time.
(2) That the detention and arrest was lawful and there existed
probable cause or reasonable cause to detain.
(3) That the person who willfully resisted any peace officer knew
or reasonably should have known that the other person was a peace
officer engaged in the performance of his or her duties.
(c) This section does not apply to conduct that occurs during
labor picketing, demonstrations, or disturbing the peace.
(d) For purposes of this section, "serious bodily injury" is
defined in paragraph (4) of subdivision (f) of Section 243.



149. Every public officer who, under color of authority, without
lawful necessity, assaults or beats any person, is punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in a county jail not exceeding one year, or
by both such fine and imprisonment.


150. Every able-bodied person above 18 years of age who neglects or
refuses to join the posse comitatus or power of the county, by
neglecting or refusing to aid and assist in taking or arresting any
person against whom there may be issued any process, or by neglecting
to aid and assist in retaking any person who, after being arrested
or confined, may have escaped from arrest or imprisonment, or by
neglecting or refusing to aid and assist in preventing any breach of
the peace, or the commission of any criminal offense, being thereto
lawfully required by any uniformed peace officer, or by any peace
officer described in Section 830.1, subdivision (a), (b), (c), (d),
(e), or (f) of Section 830.2, or subdivision (a) of Section 830.33,
who identifies himself or herself with a badge or identification card
issued by the officer's employing agency, or by any judge, is
punishable by a fine of not less than fifty dollars ($50) nor more
than one thousand dollars ($1,000).



151. (a) Any person who advocates the willful and unlawful killing
or injuring of a peace officer, with the specific intent to cause the
willful and unlawful killing or injuring of a peace officer, and
such advocacy is done at a time, place, and under circumstances in
which the advocacy is likely to cause the imminent willful and
unlawful killing or injuring of a peace officer is guilty of (1) a
misdemeanor if such advocacy does not cause the unlawful and willful
killing or injuring of a peace officer, or (2) a felony if such
advocacy causes the unlawful and willful killing or injuring of a
peace officer.
(b) As used in this section, "advocacy" means the direct
incitement of others to cause the imminent willful and unlawful
killing or injuring of a peace officer, and not the mere abstract
teaching of a doctrine.



152. (a) Every person who, having knowledge of an accidental death,
actively conceals or attempts to conceal that death, shall be guilty
of a misdemeanor punishable by imprisonment in a county jail for not
more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(b) For purposes of this section, "to actively conceal an
accidental death" means any of the following:
(1) To perform an overt act that conceals the body or directly
impedes the ability of authorities or family members to discover the
body.
(2) To directly destroy or suppress evidence of the actual
physical body of the deceased, including, but not limited to, bodily
fluids or tissues.
(3) To destroy or suppress the actual physical instrumentality of
death.


152.3. (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 14 years shall notify a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2:
(1) Murder.
(2) Rape.
(3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
(b) This section shall not be construed to affect privileged
relationships as provided by law.
(c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
(d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
(e) The requirements of this section shall not apply to the
following:
(1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity or
affinity.
(2) A person who fails to report based on a reasonable mistake of
fact.
(3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.




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



154. (a) Every debtor who fraudulently removes his or her property
or effects out of this state, or who fraudulently sells, conveys,
assigns or conceals his or her property with intent to defraud,
hinder or delay his or her creditors of their rights, claims, or
demands, is punishable by imprisonment in the county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so removed, sold, conveyed, assigned, or
concealed consists of a stock in trade, or a part thereof, of a value
exceeding one hundred dollars ($100), the offense shall be a felony
and punishable as such.



155. (a) Every person against whom an action is pending, or against
whom a judgment has been rendered for the recovery of any personal
property, who fraudulently conceals, sells, or disposes of that
property, with intent to hinder, delay, or defraud the person
bringing the action or recovering the judgment, or with such intent
removes that property beyond the limits of the county in which it may
be at the time of the commencement of the action or the rendering of
the judgment, is punishable by imprisonment in a county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so concealed, sold, disposed of, or removed
consists of a stock in trade, or a part thereof, of a value
exceeding one hundred dollars ($100), the offenses shall be a felony
and punishable as such.


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



156. Every person who fraudulently produces an infant, falsely
pretending it to have been born of any parent whose child would be
entitled to inherit any real estate or to receive a share of any
personal estate, with intent to intercept the inheritance of any such
real estate, or the distribution of any such personal estate from
any person lawfully entitled thereto, is punishable by imprisonment
in the state prison for two, three or four years.



157. Every person to whom an infant has been confided for nursing,
education, or any other purpose, who, with intent to deceive any
parent or guardian of such child, substitutes or produces to such
parent or guardian another child in the place of the one so confided,
is punishable by imprisonment in the state prison for two, three or
four years.



158. Common barratry is the practice of exciting groundless
judicial proceedings, and is punishable by imprisonment in the county
jail not exceeding six months and by fine not exceeding one thousand
dollars ($1,000).


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


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



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


166. (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior as specified in paragraph (1) committed in the
presence of any referee, while actually engaged in any trial or
hearing, pursuant to the order of any court, or in the presence of
any jury while actually sitting for the trial of a cause, or upon any
inquest or other proceedings authorized by law.
(3) Any breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of any court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of any court.
(6) The contumacious and unlawful refusal of any person to be
sworn as a witness; or, when so sworn, the like refusal to answer any
material question.
(7) The publication of a false or grossly inaccurate report of the
proceedings of any court.
(8) Presenting to any court having power to pass sentence upon any
prisoner under conviction, or to any member of the court, any
affidavit or testimony or representation of any kind, verbal or
written, in aggravation or mitigation of the punishment to be imposed
upon the prisoner, except as provided in this code.
(b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
phone or mail, or directly, and who has been previously convicted of
a violation of Section 646.9 shall be punished by imprisonment in a
county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of any order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Sections 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of subdivision (g) of Section 12021.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with the
provisions of Section 1203.097 of the Penal Code.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
(3) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall any order to
make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support.
(4) If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of
subdivision (c), the community property may not be used to discharge
the liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
(5) Any person violating any order described in subdivision (c)
may be punished for any substantive offenses described under Section
136.1 or 646.9. No finding of contempt shall be a bar to prosecution
for a violation of Section 136.1 or 646.9. However, any person held
in contempt for a violation of subdivision (c) shall be entitled to
credit for any punishment imposed as a result of that violation
against any sentence imposed upon conviction of an offense described
in Section 136.1 or 646.9. Any conviction or acquittal for any
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.



166.5. (a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section 166, for willful disobedience of any
order for child, spousal, or family support issued pursuant to
Division 9 (commencing with Section 3500) of the Family Code or
Section 11475.1 of the Welfare and Institutions Code, the court may
suspend proceedings or sentence therein if:
(1) The defendant appears before the court and affirms his or her
obligation to pay to the person having custody of the child, or the
spouse, that sum per month as shall have been previously fixed by the
court in order to provide for the minor child or the spouse.
(2) The defendant provides a bond or other undertaking with
sufficient sureties to the people of the State of California in a sum
as the court may fix to secure the defendant's performance of his or
her support obligations and that bond or undertaking is valid and
binding for two years, or any lesser time that the court shall fix.
(b) Upon the failure of the defendant to comply with the
conditions imposed by the court in subdivision (a), the defendant may
be ordered to appear before the court and show cause why further
proceedings should not be had in the action or why sentence should
not be imposed, whereupon the court may proceed with the action, or
pass sentence, or for good cause shown may modify the order and take
a new bond or undertaking and further suspend proceedings or sentence
for a like period.



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


167. Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the jury, records, or
attempts to record, all or part of the proceedings of any trial jury
while it is deliberating or voting, or listens to or observes, or
attempts to listen to or observe, the proceedings of any trial jury
of which he is not a member while such jury is deliberating or voting
is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a
trial juror in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.



168. (a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant of
arrest for a felony, willfully discloses the fact of the warrant
prior to execution for the purpose of preventing the search or
seizure of property or the arrest of any person shall be punished by
imprisonment in the state prison or in a county jail for not
exceeding one year.
(b) This section shall not prohibit the following:
(1) A disclosure made by a district attorney or the Attorney
General for the sole purpose of securing voluntary compliance with
the warrant.
(2) Upon the return of an indictment and the issuance of an arrest
warrant, a disclosure of the existence of the indictment and arrest
warrant by a district attorney or the Attorney General to assist in
the apprehension of a defendant.
(3) The disclosure of an arrest warrant pursuant to paragraph (1)
of subdivision (a) of Section 14201.6.



169. Any person who pickets or parades in or near a building which
houses a court of this state with the intent to interfere with,
obstruct, or impede the administration of justice or with the intent
to influence any judge, juror, witness, or officer of the court in
the discharge of his duty is guilty of a misdemeanor.




170. Every person who maliciously and without probable cause
procures a search warrant or warrant of arrest to be issued and
executed, is guilty of a misdemeanor.



171. Every person, not authorized by law, who, without the
permission of the officer in charge of any reformatory in this State,
communicates with any person detained therein, or brings therein or
takes therefrom any letter, writing, literature, or reading matter to
or from any person confined therein, is guilty of a misdemeanor.




171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not
limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.



171c. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by any such officer to assist in making arrests
or preserving the peace while he is actually engaged in assisting
such officer, a member of the military forces of this state or the
United States engaged in the performance of his duties, or a person
holding a valid license to carry the firearm pursuant to Article 3
(commencing with Section 12050) of Chapter 1 of Title 2 of Part 4,
who brings a loaded firearm into, or possesses a loaded firearm
within, the State Capitol, any legislative office, any office of the
Governor or other constitutional officer, or any hearing room in
which any committee of the Senate or Assembly is conducting a
hearing, or upon the grounds of the State Capitol, which is bounded
by 10th, L, 15th, and N Streets in the City of Sacramento, shall be
punished by imprisonment in the county jail for a period of not more
than one year, a fine of not more than one thousand dollars ($1,000),
or both such imprisonment and fine, or by imprisonment in the state
prison.



171d. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by that officer to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer, a member of the military forces of this state or of the
United States engaged in the performance of his or her duties, a
person holding a valid license to carry the firearm pursuant to
Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of
Part 4, the Governor or a member of his or her immediate family or a
person acting with his or her permission with respect to the Governor'
s Mansion or any other residence of the Governor, any other
constitutional officer or a member of his or her immediate family or
a person acting with his or her permission with respect to the
officer's residence, or a Member of the Legislature or a member of
his or her immediate family or a person acting with his or her
permission with respect to the Member's residence, shall be punished
by imprisonment in a county jail for not more than one year, by fine
of not more than one thousand dollars ($1,000), or by both the fine
and imprisonment, or by imprisonment in the state prison, if he or
she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm
within, the Governor's Mansion, or any other residence of the
Governor, the residence of any other constitutional officer, or the
residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm
upon, the grounds of the Governor's Mansion or any other residence of
the Governor, the residence of any other constitutional officer, or
the residence of any Member of the Legislature.



171e. A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being discharged from such firearm are in the immediate
possession of the same person.
In order to determine whether or not a firearm is loaded for the
purpose of enforcing Section 171c or 171d, peace officers are
authorized to examine any firearm carried by anyone on his person or
in a vehicle while in any place or on the grounds of any place in or
on which the possession of a loaded firearm is prohibited by Section
171c or 171d. Refusal to allow a peace officer to inspect a firearm
pursuant to the provisions of this section constitutes probable cause
for arrest for violation of Section 171c or 171d.



171f. No person or group of persons shall willfully and knowingly:

1. Enter or remain within or upon any part of the chamber of
either house of the Legislature unless authorized, pursuant to rules
adopted or permission granted by either such house, to enter or
remain within or upon a part of the chamber of either such house;
2. Engage in any conduct within the State Capitol which disrupts
the orderly conduct of official business.
A violation of this section is a misdemeanor.
As used in this section, "State Capitol" means the building which
is intended primarily for use of the legislative department and
situated in the area bounded by 10th, L, 15th, and N Streets in the
City of Sacramento.
Nothing in this section shall forbid any act of any Member of the
Legislature, or any employee of a Member of the Legislature, any
officer or employee of the Legislature or any committee or
subcommittee thereof, or any officer or employee of either house of
the Legislature or any committee or subcommittee thereof, which is
performed in the lawful discharge of his official duties.



171.5. (a) For purposes of this section:
(1) "Airport" means an airport, with a secured area, that
regularly serves an air carrier holding a certificate issued by the
United States Secretary of Transportation.
(2) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations.
(3) "Sterile area" means a portion of an airport defined in the
airport security program to which access generally is controlled
through the screening of persons and property, as specified in
Section 1540.5 of Title 49 of the Code of Federal Regulations, or a
portion of any passenger vessel terminal to which, pursuant to the
requirements set forth in Sections 105.255(a)(1), 105.255(c)(1), and
105.260(a) of Title 33 of the Code of Federal Regulations, access is
generally controlled in a manner consistent with the passenger vessel
terminal's security plan and the MARSEC level in effect at the time.

(b) It is unlawful for any person to knowingly possess, within any
sterile area of an airport or a passenger vessel terminal, any of
the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in
subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the
blade of which is fixed, or is capable of being fixed, in an
unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any taser or stun gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 12316.
(d) Subdivision (b) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(2) A person who has authorization to possess a weapon specified
in subdivision (c), granted in writing by an airport security
coordinator who is designated as specified in Section 1542.3 of Title
49 of the Code of Federal Regulations, and who is responsible for
the security of the airport.
(3) A person, including an employee of a licensed contract guard
service, who has authorization to possess a weapon specified in
subdivision (c) granted in writing by a person discharging the duties
of Facility Security Officer or Company Security Officer pursuant to
an approved United States Coast Guard facility security plan, and
who is responsible for the security of the passenger vessel terminal.

(e) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(g) Nothing in this section is intended to affect existing state
or federal law regarding the transportation of firearms on airplanes
in checked luggage, or the possession of the items listed in
subdivision (c) in areas that are not "sterile areas."



172. (a) Every person who, within one-half mile of the land
belonging to this state upon which any state prison, or within 1,900
feet of the land belonging to this state upon which any Youth
Authority institution is situated, or within one mile of the grounds
belonging to the University of California, at Berkeley, or within one
mile of the grounds belonging to the University of California at
Santa Barbara, as such grounds existed as of January 1, 1961, or
within one mile of the grounds belonging to Fresno State College, as
such grounds existed as of January 1, 1959, or within three miles of
the University Farm at Davis, or within 11/2 miles of any building
actually occupied as a home, retreat, or asylum for ex-soldiers,
sailors, and marines of the Army and Navy of the United States,
established or to be established by this state, or by the United
States within this state, or within the State Capitol, or within the
limits of the grounds adjacent and belonging thereto, sells or
exposes for sale, any intoxicating liquor, is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than one hundred dollars ($100), or by imprisonment for
not less than 50 days or by both such fine and imprisonment, in the
discretion of the court.
(b) The provision of subdivision (a) of this section prohibiting
the sale or exposure for sale of any intoxicating liquor within 1,900
feet of the land belonging to this state upon which any Youth
Authority institution is situated shall not apply with respect to the
Fred C. Nelles School for Boys.
(c) Except within the State Capitol or the limits of the grounds
adjacent and belonging thereto, as mentioned in subdivision (a) of
this section, the provisions of this section shall not apply to the
sale or exposing or offering for sale of ale, porter, wine, similar
fermented malt or vinous liquor or fruit juice containing one-half of
1 percent or more of alcohol by volume and not more than 3.2 percent
of alcohol by weight nor the sale or exposing or offering for sale
of beer.
(d) Distances provided in this section shall be measured not by
airline but by following the shortest highway or highways as defined
in Section 360 of the Vehicle Code connecting the points in question.
In measuring distances from the Folsom State Prison and the eastern
facilities of the California Institution for Men at Chino and Youth
Training School, the measurement shall start at the entrance gate.
(e) The provision of subdivision (a) of this section prohibiting
the sale or exposure for sale of any intoxicating liquor within 11/2
miles of any building actually occupied as a home, retreat, or asylum
for ex-soldiers, sailors, and marines of the Army and Navy of the
United States shall not apply to the Veterans' Home at Yountville,
Napa County, California.



172a. Every person who, within one and one-half miles of the
university grounds or campus, upon which are located the principal
administrative offices of any university having an enrollment of more
than 1,000 students, more than 500 of whom reside or lodge upon such
university grounds or campus, sells or exposes for sale, any
intoxicating liquor, is guilty of a misdemeanor; provided, however,
that the provisions of this section shall not apply to nor prohibit
the sale of any of said liquors by any regularly licensed pharmacist
who shall maintain a fixed place of business in said territory, upon
the written prescription of a physician regularly licensed to
practice medicine under the laws of the State of California when such
prescription is dated by the physician issuing it, contains the name
of the person for whom the prescription is written, and is filled
for such person only and within 48 hours of its date; provided
further, that the provisions of this section shall not apply to nor
prohibit the sale of any of said liquors for chemical or mechanical
purposes; provided further, that the provisions of this section shall
not apply to nor prohibit the sale or exposing or offering for sale
of ale, porter, wine, similar fermented malt, or vinous liquor or
fruit juice containing one-half of 1 percent or more of alcohol by
volume and not more than 3.2 percent of alcohol by weight nor the
sale or exposing or offering for sale of beer.
In measuring distances from the university grounds or campus of
any such university, such distances shall not be measured by airline
but by following the shortest road or roads connecting the points in
question. With respect to Leland Stanford Junior University
measurements from the university grounds or campus shall be by
airline measurement.
Any license issued and in effect in the City and County of San
Francisco on the effective date of the amendment of this section
enacted at the 1961 Regular Session of the Legislature may be
transferred to any location in the City and County of San Francisco.



172b. 1. Every person who, within one and one-half miles of the
boundaries of the grounds belonging to the University of California
at Los Angeles on which the principal administrative offices of the
university are located, as such boundaries were established as of
July 1, 1959, sells or exposes for sale any intoxicating liquor, is
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100), or by
imprisonment for not less than 50 days, or by both such fine and
imprisonment, in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by
airline but by following the shortest road or roads connecting the
points in question.



172c. Section 172a shall not apply to the sale at auction of
alcoholic beverages by a nonprofit organization at the California
Science Center premises located at Exposition Park, Los Angeles,
California.


172d. 1. Every person who, within one mile of that portion of the
grounds at Riverside (hereinafter described) belonging to the
University of California, that will be used by the College of Letters
and Sciences, sells, or exposes for sale, any intoxicating liquor,
is guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100), or by
imprisonment for not less than 50 days or by both such fine and
imprisonment in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by air
line but by following the shortest vehicular road or roads
connecting the points in question.
4. The portion of the grounds of the University of California
referred to in paragraph 1 are situated in the County of Riverside
and more particularly described as follows: beginning at the
intersection of Canyon Crest Drive and U.S. Highway 60, thence
southeasterly along said highway to a point opposite the intersection
of said U.S. Highway 60 and Pennsylvania Avenue, thence
northeasterly following centerline of present drive into University
campus, thence continuing north along said centerline of drive on
west side of Citrus Experiment Station buildings to a point
intersecting the present east-west road running east from
intersection of Canyon Crest Drive and U.S. Highway 60, thence east
500 feet more or less, thence north 1,300 feet more or less, thence
east to intersection of east boundary of the Regents of the
University of California property (Valencia Hill Drive), thence north
along said east boundary to the north boundary of the Regents of the
University of California property (Linden Street), thence west along
said north boundary to the west boundary of the Regents of the
University of California property (Canyon Crest Drive) thence south
along said west boundary to the point of beginning.




172e. The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of alcoholic beverages by an on-sale licensee under the
Alcoholic Beverage Control Act within premises licensed as a bona
fide public eating place as provided in the Constitution and as
defined in the Alcoholic Beverage Control Act (commencing at Section
23000, Business and Professions Code), or within premises licensed as
a club as defined in Articles 4 and 5 of Chapter 3 of the Alcoholic
Beverage Control Act, provided that such club shall have been in
existence for not less than 5 years, have a membership of 300 or
more, and serves meals daily to its members, or by the holder of a
caterer's permit under the provisions of Section 23399 of the
Business and Professions Code in connection with the serving of bona
fide meals as defined in Section 23038 of the Business and
Professions Code, and the provisions of such sections shall not be
construed so as to preclude the Department of Alcoholic Beverage
Control from issuing licenses for bona fide public eating places
within the areas prescribed by the sections. The provisions of this
section shall not permit the issuance of licenses to fraternities,
sororities, or other student organizations.



172f. The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of any intoxicating liquor in any premises within the areas
prescribed by said sections for which a license was issued under the
Alcoholic Beverage Control Act (Division 9 (commencing with Section
23000), Business and Professions Code) and is in effect on the
effective date of this section or on the effective date of any
amendment to Section 172g specifying an additional institution, or in
any licensed premises which may become included in such a prescribed
area because of the extension of the boundaries of any of the
institutions mentioned in said sections or because of the increased
enrollment or number of resident students at any of such
institutions.
Any such licenses may be transferred from person to person, and
may be transferred from premises to premises if the premises to which
the license is transferred are not located nearer to the boundaries
of the institution, as they exist on the date of the transfer, than
the premises from which the license is transferred, except that such
license may be transferred once from premises to premises located
nearer by not more than 300 feet to the boundaries of the institution
as they exist on the date of transfer than the premises from which
the license is transferred. If a license is transferred pursuant to
this section from premises to premises located nearer by not more
than 300 feet to the boundaries of the institution as they exist on
the date of the transfer than the premises from which the license is
transferred, such license shall not be thereafter transferred to any
other premises located nearer to the boundaries of the institution as
they exist on the date of the transfer than the premises from which
the license is transferred.



172g. 1. Every person who, within one mile by air line from the
intersection of Sierra Vista, Pierce, and Campus Drive streets at the
entrance to La Sierra College in the City of Riverside, or within
one mile of the grounds or campus of Loma Linda University in the
County of San Bernardino, or within one mile of the grounds of the
University of Santa Clara in the City of Santa Clara, sells, or
exposes for sale, any intoxicating liquor, is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than one hundred dollars ($100), or by imprisonment in
the county jail of not less than 50 days nor more than one year, or
by both such fine and imprisonment in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by air
line but by following the shortest road or roads connecting the
points in question except those applying to La Sierra College.



172h. The provisions of Sections 172, 172a, 172b, 172d and 172g of
this code shall not be applied to prohibit the sale or the exposing
or offering for sale of any intoxicating liquor in, or the issuance
of an alcoholic beverage license for, any premises because a
university has contructed and occupied since January 1, 1960, or in
the future constructs, dormitories for its students which has
resulted or results in the premises being prohibited by the foregoing
sections from selling, exposing or offering such liquor for sale
because the premises are or become thereby within the area prescribed
by these sections.


172j. The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale or exposing for sale of any intoxicating
liquor on the premises of, and by the holder or agent of, a holder of
a retail package off-sale general license or retail package off-sale
beer and wine license issued under the Alcoholic Beverage Control
Act (Division 9 (commencing with Section 23000), Business and
Professions Code).



172l. The provisions of Section 172a shall not apply to the sale or
offering for sale of any intoxicating liquor on the premises of, and
by the holder or agent of a holder of, a retail off-sale license, as
defined in Section 23394 of the Business and Professions Code,
outside one mile of the closest building of the Claremont Colleges to
these premises; nor shall the provisions of Section 172a apply to
the sale or offering for sale of any beer, or wine, or both, on the
premises of, and by the holder or agent of a holder of, a retail
package off-sale beer and wine license, as defined in Section 23393
of the Business and Professions Code, outside 2,000 feet of the
closest building of the Claremont Colleges to these premises.
Distance provided in this section shall be measured not by air
line but by following the shortest road or roads connecting the
points in question.



172m. The provisions of Section 172a shall not apply to the sale or
the exposing or offering for sale of alcoholic beverages at premises
licensed under any type of on-sale license issued pursuant to
Division 9 (commencing with Section 23000) of the Business and
Professions Code, which premises are located off of the grounds or
campus of Leland Stanford Junior University near the City of Palo
Alto.



172n. The provisions of Sections 172a and 172b shall not apply to
the sale or exposing or offering for sale of alcoholic beverages by
any off-sale licensee under the Alcoholic Beverage Control Act
situated more than 2,000 feet of the boundaries of the grounds
belonging to the University of California at Los Angeles on which the
principal administrative offices of the university are located, as
such boundaries were established as of July 1, 1959, provided the
licensee has conducted a retail grocery business and has held an
off-sale beer and wine license at the same location for at least 15
years.
Distances provided in this section shall be measured not by
airline but by following the shortest road or roads connecting the
points in question.



172o. The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale of wine for consumption off the premises
where sold when the wine is sold at a bona fide public eating place
by the holder of an on-sale general alcoholic beverage license or an
on-sale beer and wine license issued under the Alcoholic Beverage
Control Act (Division 9 (commencing with Section 23000) of the
Business and Professions Code).



172p. The provisions of Section 172a shall not apply to the sale or
exposing or offering for sale of beer or wine by any on-sale
licensee under the Alcoholic Beverage Control Act whose licensed
premises are situated more than 1,200 feet from the boundaries of
Whittier College in the City of Whittier.



172.1. No provision of law shall prevent the possession or use of
wine on any state university, state college or community college
premises solely for use in experimentation in or instruction of
viticulture, enology, domestic science or home economics.




172.3. The provisions of Section 172a shall not apply to the sale
or exposing or offering for sale of any alcoholic beverages on the
premises of, and by the holder or agent of a holder of, any off-sale
license situated within 11/2 miles from the grounds of the University
of Redlands.


172.5. The provisions of Sections 172 and 172a of this code shall
not apply to the sale or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within one mile of the grounds belonging to the University of
California at Berkeley, if the club meets all of the following
requirements:
(a) The membership in the club shall be limited to male American
citizens over the age of 21 years.
(b) The club shall have been organized and have existed in the
City of Berkeley for not less than 35 years continuously.
(c) The club shall have a bona fide membership of not less than
500 members.
(d) The premises occupied by the club are owned by the club, or by
a corporation, at least 75 percent of whose capital stock is owned
by the club, and have a value of not less than one hundred thousand
dollars ($100,000).


172.6. The provisions of Section 172 of this code shall not apply
to the sale, gift, or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within 2,000 feet of San Quentin Prison in Marin County, provided the
club meets all the following requirements:
(a) The club shall have been organized and have existed in the
County of Marin for not less than 25 years continuously.
(b) The club shall have a bona fide membership of not less than
1,000 persons.
(c) The premises occupied by the club are owned by the club or by
club members.



172.7. The provisions of Section 172a shall not apply to the sale,
gift, or exposing or offering for sale of alcoholic beverages by a
licensee under the Alcoholic Beverage Control Act within the premises
occupied by any bona fide club which is situated within one mile of
the campus of Whittier College in the City of Whittier, or one mile
or more from the campus of Leland Stanford Junior University near the
City of Palo Alto, provided the club meets all the following
requirements:
(a) The club shall have been organized and have existed for not
less than 10 years continuously.
(b) The club shall have a bona fide membership of not less than
350 persons.
(c) The club shall own the building which it occupies.




172.8. The provisions of Section 172a shall not apply to the sale
of alcoholic beverages for consumption on the premises, by a
nonprofit organization at a municipally owned conference center
located more than one but less than 11/2 miles from the California
Institute of Technology in Pasadena.



172.9. The word "university," when used in this chapter with
reference to the sale, exposing or offering for sale, of alcoholic
beverages, means an institution which has the authority to grant an
academic graduate degree.


172.95. Sections 172 to 172.9, inclusive, do not apply to sales to
wholesalers or retailers by licensed winegrowers, brandy
manufacturers, beer manufacturers, distilled spirits manufacturers'
agents, distilled spirits manufacturers, or wholesalers.




173. Every Captain, Master of a vessel, or other person, who
willfully imports, brings, or sends, or causes or procures to be
brought or sent, into this State, any person who is a foreign convict
of any crime which, if committed within this State, would be
punishable therein (treason and misprision of treason excepted), or
who is delivered or sent to him from any prison or place of
confinement in any place without this State, is guilty of a
misdemeanor.


175. Every individual person of the classes referred to in Section
173, brought to or landed within this state contrary to the
provisions of such section, renders the person bringing or landing
liable to a separate prosecution and penalty.




181. Every person who holds, or attempts to hold, any person in
involuntary servitude, or assumes, or attempts to assume, rights of
ownership over any person, or who sells, or attempts to sell, any
person to another, or receives money or anything of value, in
consideration of placing any person in the custody, or under the
power or control of another, or who buys, or attempts to buy, any
person, or pays money, or delivers anything of value, to another, in
consideration of having any person placed in his custody, or under
his power or control, or who knowingly aids or assists in any manner
any one thus offending, is punishable by imprisonment in the state
prison for two, three or four years.

[هيثم الفقى]

182. (a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment in the state prison for five, seven,
or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in the state prison, or by
imprisonment in the county jail for not more than one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in the county jail
for not more than one year, or in the state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. When they receive a felony conviction for
conspiring to commit identity theft, as defined in Section 530.5, the
court may impose a fine of up to twenty-five thousand dollars
($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.




182.5. Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182.


183. No conspiracies, other than those enumerated in the preceding
section, are punishable criminally.



184. No agreement amounts to a conspiracy, unless some act, beside
such agreement, be done within this state to effect the object
thereof, by one or more of the parties to such agreement and the
trial of cases of conspiracy may be had in any county in which any
such act be done.



(185.) Section One Hundred and Eighty-five. It shall be unlawful
for any person to wear any mask, false whiskers, or any personal
disguise (whether complete or partial) for the purpose of:
One--Evading or escaping discovery, recognition, or identification
in the commission of any public offense.
Two--Concealment, flight, or escape, when charged with, arrested
for, or convicted of, any public offense. Any person violating any
of the provisions of this section shall be deemed guilty of a
misdemeanor.

[هيثم الفقى]

186. This act may be cited as the "California Control of Profits of
Organized Crime Act."



186.1. The Legislature hereby finds and declares that an effective
means of punishing and deterring criminal activities of organized
crime is through the forfeiture of profits acquired and accumulated
as a result of such criminal activities. It is the intent of the
Legislature that the "California Control of Profits of Organized
Crime Act" be used by prosecutors to punish and deter only such
activities.



186.2. For purposes of this chapter, the following definitions
apply:
(a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which
act or threat may be charged as a crime under any of the following
sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates
solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487.
(17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.
(19) Any of the offenses contained in Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in Chapter
7.6 (commencing with Section 313) of Title 9, relating to harmful
matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in
Section 550.
(21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as
specified in Section 350.
(24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.
(27) Any offenses related to fraud or theft against the state's
beverage container recycling program, including, but not limited to,
those offenses specified in this subdivision and those criminal
offenses specified in the California Beverage Container Recycling and
Litter Reduction Act, commencing at Section 14500 of the Public
Resources Code.
(28) Human trafficking, as defined in Section 236.1.
(29) Theft of personal identifying information, as defined in
Section 530.5.
(30) Offenses involving the theft of a motor vehicle, as specified
in Section 10851 of the Vehicle Code.
(b) (1) "Pattern of criminal profiteering activity" means engaging
in at least two incidents of criminal profiteering, as defined by
this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a "pattern of criminal profiteering
activity" may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment, of
the commission of the underlying offense. A prior act may not be used
by a prosecuting agency to seek remedies provided by this chapter if
a prosecution for that act resulted in an acquittal.
(c) "Prosecuting agency" means the Attorney General or the
district attorney of any county.
(d) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution,
loan-sharking, gambling, and pornography, or that, through planning
and coordination of individual efforts, seeks to conduct the illegal
activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, fraud against the beverage
container recycling program, or systematically encumbering the assets
of a business for the purpose of defrauding creditors. "Organized
crime" also means crime committed by a criminal street gang, as
defined in subdivision (f) of Section 186.22. "Organized crime" also
means false or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code, and
the theft of personal identifying information, as defined in Section
530.5.
(e) "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted.




186.3. (a) In any case in which a person is alleged to have been
engaged in a pattern of criminal profiteering activity, upon a
conviction of the underlying offense, the assets listed in
subdivisions (b) and (c) shall be subject to forfeiture upon proof of
the provisions of subdivision (d) of Section 186.5.
(b) Any property interest whether tangible or intangible, acquired
through a pattern of criminal profiteering activity.
(c) All proceeds of a pattern of criminal profiteering activity,
which property shall include all things of value that may have been
received in exchange for the proceeds immediately derived from the
pattern of criminal profiteering activity.



186.4. (a) The prosecuting agency shall, in conjunction with the
criminal proceeding, file a petition of forfeiture with the superior
court of the county in which the defendant has been charged with the
underlying criminal offense, which shall allege that the defendant
has engaged in a pattern of criminal profiteering activity, including
the acts or threats chargeable as crimes and the property
forfeitable pursuant to Section 186.3. The prosecuting agency shall
make service of process of a notice regarding that petition upon
every individual who may have a property interest in the alleged
proceeds, which notice shall state that any interested party may file
a verified claim with the superior court stating the amount of their
claimed interest and an affirmation or denial of the prosecuting
agency's allegation. If the notices cannot be given by registered
mail or personal delivery, the notices shall be published for at
least three successive weeks in a newspaper of general circulation in
the county where the property is located. If the property alleged
to be subject to forfeiture is real property, the prosecuting agency
shall, at the time of filing the petition of forfeiture, record a lis
pendens in each county in which the real property is situated which
specifically identifies the real property alleged to be subject to
forfeiture. The judgment of forfeiture shall not affect the interest
in real property of any third party which was acquired prior to the
recording of the lis pendens.
(b) All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed pursuant to
Section 186.5.


186.5. (a) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, as appropriate.
(b) (1) If, at the end of the time set forth in subdivision (a),
an interested person, other than the defendant, has not filed a
claim, the court, upon motion, shall declare that the person has
defaulted upon his or her alleged interest, and it shall be subject
to forfeiture upon proof of the provisions of subdivision (d).
(2) The defendant may admit or deny that the property is subject
to forfeiture pursuant to the provisions of this chapter. If the
defendant fails to admit or deny or to file a claim of interest in
the property or proceeds, the court shall enter a response of denial
on behalf of the defendant.
(c) (1) The forfeiture proceeding shall be set for hearing in the
superior court in which the underlying criminal offense will be
tried.
(2) If the defendant is found guilty of the underlying offense,
the issue of forfeiture shall be promptly tried, either before the
same jury or before a new jury in the discretion of the court, unless
waived by the consent of all parties.
(d) At the forfeiture hearing, the prosecuting agency shall have
the burden of establishing beyond a reasonable doubt that the
defendant was engaged in a pattern of criminal profiteering activity
and that the property alleged in the petition comes within the
provisions of subdivision (b) or (c) of Section 186.3.



186.6. (a) Concurrent with, or subsequent to, the filing of the
petition, the prosecuting agency may move the superior court for the
following pendente lite orders to preserve the status quo of the
property alleged in the petition of forfeiture:
(1) An injunction to restrain all interested parties and enjoin
them from transferring, encumbering, hypothecating or otherwise
disposing of that property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that such property
may be maintained and preserved.
(b) No preliminary injunction may be granted or receiver appointed
without notice to the interested parties and a hearing to determine
that such an order is necessary to preserve the property, pending the
outcome of the criminal proceedings, and that there is probable
cause to believe that the property alleged in the forfeiture
proceedings are proceeds or property interests forfeitable under
Section 186.3. However, a temporary restraining order may issue
pending that hearing pursuant to the provisions of Section 527 of the
Code of Civil Procedure.
(c) Notwithstanding any other provision of law, the court in
granting these motions may order a surety bond or undertaking to
preserve the property interests of the interested parties.
(d) The court shall, in making its orders, seek to protect the
interests of those who may be involved in the same enterprise as the
defendant, but who were not involved in the commission of the
criminal profiteering activity.



186.7. (a) If the trier of fact at the forfeiture hearing finds
that the alleged property or proceeds is forfeitable pursuant to
Section 186.3 and the defendant was engaged in a pattern of criminal
profiteering activity, the court shall declare that property or
proceeds forfeited to the state or local governmental entity, subject
to distribution as provided in Section 186.8. No property solely
owned by a bona fide purchaser for value shall be subject to
forfeiture.
(b) If the trier of fact at the forfeiture hearing finds that the
alleged property is forfeitable pursuant to Section 186.3 but does
not find that a person holding a valid lien, mortgage, security
interest, or interest under a conditional sales contract acquired
that interest with actual knowledge that the property was to be used
for a purpose for which forfeiture is permitted, and the amount due
to that person is less than the appraised value of the property, that
person may pay to the state or the local governmental entity which
initiated the forfeiture proceeding, the amount of the registered
owner's equity, which shall be deemed to be the difference between
the appraised value and the amount of the lien, mortgage, security
interest, or interest under a conditional sales contract. Upon that
payment, the state or local governmental entity shall relinquish all
claims to the property. If the holder of the interest elects not to
make that payment to the state or local governmental entity, the
property shall be deemed forfeited to the state or local governmental
entity and the ownership certificate shall be forwarded. The
appraised value shall be determined as of the date judgment is
entered either by agreement between the legal owner and the
governmental entity involved, or if they cannot agree, then by a
court-appointed appraiser for the county in which the action is
brought. A person holding a valid lien, mortgage, security interest,
or interest under a conditional sales contract shall be paid the
appraised value of his or her interest.
(c) If the amount due to a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract is
less than the value of the property and the person elects not to make
payment to the governmental entity, the property shall be sold at
public auction by the Department of General Services or by the local
governmental entity which shall provide notice of that sale by one
publication in a newspaper published and circulated in the city,
community, or locality where the sale is to take place.
(d) Notwithstanding subdivision (c), a county may dispose of any
real property forfeited to the county pursuant to this chapter
pursuant to Section 25538.5 of the Government Code.



186.8. Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover
all those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
(b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
(c) To the general fund of the state or local governmental entity,
whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children's trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children's trust fund, the funds shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.

[هيثم الفقى]

186.9. As used in this chapter:
(a) "Conducts" includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or concluding
a transaction.
(b) "Financial institution" means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift institution, savings
and loan association, or building and loan association organized
under the laws of the United States or any state, any insured
institution as defined in Section 401 of the National Housing Act (12
U.S.C. Sec. 1724(a)), any credit union organized under the laws of
the United States or any state, any national banking association or
corporation acting under Chapter 6 (commencing with Section 601) of
Title 12 of the United States Code, any agency, agent or branch of a
foreign bank, any currency dealer or exchange, any person or business
engaged primarily in the cashing of checks, any person or business
who regularly engages in the issuing, selling, or redeeming of
traveler's checks, money orders, or similar instruments, any broker
or dealer in securities registered or required to be registered with
the Securities and Exchange Commission under the Securities Exchange
Act of 1934 or with the Commissioner of Corporations under Part 3
(commencing with Section 25200) of Division 1 of Title 4 of the
Corporations Code, any licensed transmitter of funds or other person
or business regularly engaged in transmitting funds to a foreign
nation for others, any investment banker or investment company, any
insurer, any dealer in gold, silver, or platinum bullion or coins,
diamonds, emeralds, rubies, or sapphires, any pawnbroker, any
telegraph company, any person or business regularly engaged in the
delivery, transmittal, or holding of mail or packages, any person or
business that conducts a transaction involving the transfer of title
to any real property, vehicle, vessel, or aircraft, any personal
property broker, any person or business acting as a real property
securities dealer within the meaning of Section 10237 of the Business
and Professions Code, whether licensed to do so or not, any person
or business acting within the meaning and scope of subdivisions (d)
and (e) of Section 10131 and Section 10131.1 of the Business and
Professions Code, whether licensed to do so or not, any person or
business regularly engaged in gaming within the meaning and scope of
Section 330, any person or business regularly engaged in pool selling
or bookmaking within the meaning and scope of Section 337a, any
person or business regularly engaged in horse racing whether licensed
to do so or not under the Business and Professions Code, any person
or business engaged in the operation of a gambling ship within the
meaning and scope of Section 11317, any person or business engaged in
controlled gambling within the meaning and scope of subdivision (e)
of Section 19805 of the Business and Professions Code, whether
registered to do so or not, and any person or business defined as a
"bank," "financial agency," or "financial institution" by Section
5312 of Title 31 of the United States Code or Section 103.11 of Title
31 of the Code of Federal Regulations and any successor provisions
thereto.
(c) "Transaction" includes the deposit, withdrawal, transfer,
bailment, loan, pledge, payment, or exchange of currency, or a
monetary instrument, as defined by subdivision (d), or the
electronic, wire, magnetic, or manual transfer of funds between
accounts by, through, or to, a financial institution as defined by
subdivision (b).
(d) "Monetary instrument" means United States currency and coin;
the currency, coin, and foreign bank drafts of any foreign country;
payment warrants issued by the United States, this state, or any
city, county, or city and county of this state or any other political
subdivision thereof; any bank check, cashier's check, traveler's
check, or money order; any personal check, stock, investment
security, or negotiable instrument in bearer form or otherwise in a
form in which title thereto passes upon delivery; gold, silver, or
platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires. Except for foreign bank drafts and federal, state, county,
or city warrants, "monetary instrument" does not include personal
checks made payable to the order of a named party which have not been
endorsed or which bear restrictive endorsements, and also does not
include personal checks which have been endorsed by the named party
and deposited by the named party into the named party's account with
a financial institution.
(e) "Criminal activity" means a criminal offense punishable under
the laws of this state by death or imprisonment in the state prison
or from a criminal offense committed in another jurisdiction
punishable under the laws of that jurisdiction by death or
imprisonment for a term exceeding one year.
(f) "Foreign bank draft" means a bank draft or check issued or
made out by a foreign bank, savings and loan, casa de cambio, credit
union, currency dealer or exchanger, check cashing business, money
transmitter, insurance company, investment or private bank, or any
other foreign financial institution that provides similar financial
services, on an account in the name of the foreign bank or foreign
financial institution held at a bank or other financial institution
located in the United States or a territory of the United States.



186.10. (a) Any person who conducts or attempts to conduct a
transaction or more than one transaction within a seven-day period
involving a monetary instrument or instruments of a total value
exceeding five thousand dollars ($5,000), or a total value exceeding
twenty-five thousand dollars ($25,000) within a 30-day period,
through one or more financial institutions (1) with the specific
intent to promote, manage, establish, carry on, or facilitate the
promotion, management, establishment, or carrying on of any criminal
activity, or (2) knowing that the monetary instrument represents the
proceeds of, or is derived directly or indirectly from the proceeds
of, criminal activity, is guilty of the crime of money laundering.
The aggregation periods do not create an obligation for financial
institutions to record, report, create, or implement tracking systems
or otherwise monitor transactions involving monetary instruments in
any time period. In consideration of the constitutional right to
counsel afforded by the Sixth Amendment to the United States
Constitution and Section 15 of Article I of the California
Constitution, when a case involves an attorney who accepts a fee for
representing a client in a criminal investigation or proceeding, the
prosecution shall additionally be required to prove that the monetary
instrument was accepted by the attorney with the intent to disguise
or aid in disguising the source of the funds or the nature of the
criminal activity.
A violation of this section shall be punished by imprisonment in a
county jail for not more than one year or in the state prison, by a
fine of not more than two hundred fifty thousand dollars ($250,000)
or twice the value of the property transacted, whichever is greater,
or by both that imprisonment and fine. However, for a second or
subsequent conviction for a violation of this section, the maximum
fine that may be imposed is five hundred thousand dollars ($500,000)
or five times the value of the property transacted, whichever is
greater.
(b) Notwithstanding any other law, for purposes of this section,
each individual transaction conducted in excess of five thousand
dollars ($5,000), each series of transactions conducted within a
seven-day period that total in excess of five thousand dollars
($5,000), or each series of transactions conducted within a 30-day
period that total in excess of twenty-five thousand dollars
($25,000), shall constitute a separate, punishable offense.
(c) (1) Any person who is punished under subdivision (a) by
imprisonment in the state prison shall also be subject to an
additional term of imprisonment in the state prison as follows:
(A) If the value of the transaction or transactions exceeds fifty
thousand dollars ($50,000) but is less than one hundred fifty
thousand dollars ($150,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of one
year.
(B) If the value of the transaction or transactions exceeds one
hundred fifty thousand dollars ($150,000) but is less than one
million dollars ($1,000,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of two
years.
(C) If the value of the transaction or transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of
three years.
(D) If the value of the transaction or transactions exceeds two
million five hundred thousand dollars ($2,500,000), the court, in
addition to and consecutive to the felony punishment otherwise
prescribed by this section, shall impose an additional term of
imprisonment of four years.
(2) (A) An additional term of imprisonment as provided for in this
subdivision shall not be imposed unless the facts of a transaction
or transactions, or attempted transaction or transactions, of a value
described in paragraph (1), are charged in the accusatory pleading,
and are either admitted to by the defendant or are found to be true
by the trier of fact.
(B) An additional term of imprisonment as provided for in this
subdivision may be imposed with respect to an accusatory pleading
charging multiple violations of this section, regardless of whether
any single violation charged in that pleading involves a transaction
or attempted transaction of a value covered by paragraph (1), if the
violations charged in that pleading arise from a common scheme or
plan and the aggregate value of the alleged transactions or attempted
transactions is of a value covered by paragraph (1).
(d) All pleadings under this section shall remain subject to the
rules of joinder and severance stated in Section 954.

[هيثم الفقى]

186.11. (a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement, which
involve a pattern of related felony conduct, and the pattern of
related felony conduct involves the taking of, or results in the loss
by another person or entity of, more than one hundred thousand
dollars ($100,000), shall be punished, upon conviction of two or more
felonies in a single criminal proceeding, in addition and
consecutive to the punishment prescribed for the felony offenses of
which he or she has been convicted, by an additional term of
imprisonment in the state prison as specified in paragraph (2) or
(3). This enhancement shall be known as the aggravated white collar
crime enhancement. The aggravated white collar crime enhancement
shall only be imposed once in a single criminal proceeding. For
purposes of this section, "pattern of related felony conduct" means
engaging in at least two felonies that have the same or similar
purpose, result, principals, victims, or methods of commission, or
are otherwise interrelated by distinguishing characteristics, and
that are not isolated events. For purposes of this section, "two or
more related felonies" means felonies committed against two or more
separate victims, or against the same victim on two or more separate
occasions.
(2) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
five hundred thousand dollars ($500,000), the additional term of
punishment shall be two, three, or five years in the state prison.
(3) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
one hundred thousand dollars ($100,000), but not more than five
hundred thousand dollars ($500,000), the additional term of
punishment shall be the term specified in paragraph (1) or (2) of
subdivision (a) of Section 12022.6.
(b) (1) The additional prison term and penalties provided for in
subdivisions (a), (c), and (d) shall not be imposed unless the facts
set forth in subdivision (a) are charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
(2) The additional prison term provided in paragraph (2) of
subdivision (a) shall be in addition to any other punishment provided
by law, including Section 12022.6, and shall not be limited by any
other provision of law.
(c) Any person convicted of two or more felonies, as specified in
subdivision (a), shall also be liable for a fine not to exceed five
hundred thousand dollars ($500,000) or double the value of the
taking, whichever is greater, if the existence of facts that would
make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact. However, if the pattern of related felony conduct involves the
taking of more than one hundred thousand dollars ($100,000), but not
more than five hundred thousand dollars ($500,000), the fine shall
not exceed one hundred thousand dollars ($100,000) or double the
value of the taking, whichever is greater.
(d) Any person convicted of two or more felonies, as specified in
subdivision (a), shall be liable for the costs of restitution to
victims of the pattern of fraudulent or unlawful conduct, if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
(e) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, any asset or property that
is in the control of that person, and any asset or property that has
been transferred by that person to a third party, subsequent to the
commission of any criminal act alleged pursuant to subdivision (a),
other than in a bona fide purchase, whether found within or outside
the state, may be preserved by the superior court in order to pay
restitution and fines imposed pursuant to this section. Upon
conviction of two or more felonies, as specified in subdivision (a),
this property may be levied upon by the superior court to pay
restitution and fines imposed pursuant to this section if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
(2) To prevent dissipation or secreting of assets or property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging two or more felonies, as
specified in subdivision (a), and the enhancement specified in
subdivision (a), file a petition with the criminal division of the
superior court of the county in which the accusatory pleading was
filed, seeking a temporary restraining order, preliminary injunction,
the appointment of a receiver, or any other protective relief
necessary to preserve the property or assets. This petition shall
commence a proceeding that shall be pendent to the criminal
proceeding and maintained solely to affect the criminal remedies
provided for in this section. The proceeding shall not be subject to
or governed by the provisions of the Civil Discovery Act as set forth
in Title 4 (commencing with Section 2016.010) of Part 4 of the Code
of Civil Procedure. The petition shall allege that the defendant has
been charged with two or more felonies, as specified in subdivision
(a), and is subject to the aggravated white collar crime enhancement
specified in subdivision (a). The petition shall identify that
criminal proceeding and the assets and property to be affected by an
order issued pursuant to this section.
(3) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a newspaper
of general circulation in the county where the property affected by
an order issued pursuant to this section is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of their claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property is required to be filed.
(4) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor's parcel number.
(5) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.
(6) Any person claiming an interest in the protected property may,
at any time within 30 days from the date of the first publication of
the notice of the petition, or within 30 days after receipt of
actual notice, file with the superior court of the county in which
the action is pending a verified claim stating the nature and amount
of his or her interest in the property or assets. A verified copy of
the claim shall be served by the claimant on the Attorney General or
district attorney, as appropriate.
(7) The imposition of fines and restitution pursuant to this
section shall be determined by the superior court in which the
underlying criminal offense is sentenced. Any judge who is assigned
to the criminal division of the superior court in the county where
the petition is filed may issue a temporary restraining order in
conjunction with, or subsequent to, the filing of an allegation
pursuant to this section. Any subsequent hearing on the petition
shall also be heard by a judge assigned to the criminal division of
the superior court in the county in which the petition is filed. At
the time of the filing of an information or indictment in the
underlying criminal case, any subsequent hearing on the petition
shall be heard by the superior court judge assigned to the underlying
criminal case.
(f) Concurrent with or subsequent to the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that property.

(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of any property
or assets that are subject to the provisions of this section.
(3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution and fines
imposed pursuant to this section.
(g) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements of
paragraph (3) of subdivision (e) to all known and reasonably
ascertainable interested parties and upon a hearing to determine that
an order is necessary to preserve the property pending the outcome
of the criminal proceedings. A temporary restraining order may be
issued by the court, ex parte, pending that hearing in conjunction
with or subsequent to the filing of the petition upon the application
of the prosecuting attorney. The temporary restraining order may be
based upon the sworn declaration of a peace officer with personal
knowledge of the criminal investigation that establishes probable
cause to believe that aggravated white collar crime has taken place
and that the amount of restitution and fines established by this
section exceeds or equals the worth of the assets subject to the
temporary restraining order. The declaration may include the hearsay
statements of witnesses to establish the necessary facts. The
temporary restraining order may be issued without notice upon a
showing of good cause to the court.
(2) The defendant, or a person who has filed a verified claim as
provided in paragraph (6) of subdivision (e), shall have the right to
have the court conduct an order to show cause hearing within 10 days
of the service of the request for hearing upon the prosecuting
agency, in order to determine whether the temporary restraining order
should remain in effect, whether relief should be granted from any
lis pendens recorded pursuant to paragraph (4) of subdivision (e), or
whether any existing order should be modified in the interests of
justice. Upon a showing of good cause, the hearing shall be held
within two days of the service of the request for hearing upon the
prosecuting agency.
(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of the dissipation of assets outweighs the
potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
(A) The public interest in preserving the property or assets
pendente lite.
(B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve issues of fraud and
moral turpitude.
(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of white collar crimes.
(D) The likelihood that substantial public harm has occurred where
aggravated white collar crime is alleged to have been committed.
(E) The significant public interest involved in compensating the
victims of white collar crime and paying court-imposed restitution
and fines.
(4) The court, in making its orders, may consider a defendant's
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, any necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making any order releasing property for these purposes.
(5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.
(6) Any petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and shall
be assigned to the criminal division of the superior court of the
county in which the accusatory pleading was filed.
(7) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (f), the court may order an
interlocutory sale of property named in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to this
section.
(8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.
(9) In making its orders, the court shall seek to prevent any
asset subject to a temporary restraining order or preliminary
injunction from perishing, spoiling, going to waste, or otherwise
being significantly reduced in value. Where the potential for
diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property or asset.
(10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
(h) If the allegation that the defendant is subject to the
aggravated white collar crime enhancement is dismissed or found by
the trier of fact to be untrue, any preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved. If a jury is the trier of fact, and the jury is unable to
reach a unanimous verdict, the court shall have the discretion to
continue or dissolve all or a portion of the preliminary injunction
or temporary restraining order based upon the interests of justice.
However, if the prosecuting agency elects not to retry the case, any
preliminary injunction or temporary restraining order issued pursuant
to this section shall be dissolved.
(i) (1) (A) If the defendant is convicted of two or more felonies,
as specified in subdivision (a), and the existence of facts that
would make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact, the trial judge shall continue the preliminary injunction or
temporary restraining order until the date of the criminal sentencing
and shall make a finding at that time as to what portion, if any, of
the property or assets subject to the preliminary injunction or
temporary restraining order shall be levied upon to pay fines and
restitution to victims of the crime. The order imposing fines and
restitution may exceed the total worth of the property or assets
subjected to the preliminary injunction or temporary restraining
order. The court may order the immediate transfer of the property or
assets to satisfy any judgment and sentence made pursuant to this
section. Additionally, upon motion of the prosecution, the court may
enter an order as part of the judgment and sentence making the order
imposing fines and restitution pursuant to this section enforceable
pursuant to Title 9 (commencing with Section 680.010) of Part 2 of
the Code of Civil Procedure.
(B) Additionally, the court shall order the defendant to make full
restitution to the victim or to make restitution to the victim based
on his or her ability to pay, as defined in subdivision (b) of
Section 1203.1b. The payment of the restitution ordered by the court
pursuant to this section shall be made a condition of any probation
granted by the court if the existence of facts that would make the
defendant subject to the aggravated white collar crime enhancement
have been admitted or found to be true by the trier of fact.
Notwithstanding any other provision of law, the court may order that
the period of probation continue for up to 10 years or until full
restitution is made to the victim, whichever is earlier.
(C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional fines and restitution and, in appropriate
cases, may initiate probation violation proceedings or contempt of
court proceedings against a defendant who is found to have willfully
failed to comply with any lawful order of the court.
(D) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
(2) The order imposing fines and restitution shall not affect the
interest in real property of any third party that was acquired prior
to the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value. If
any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised
value of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the commission
of any criminal activity.
(j) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property or assets which shall be distributed in the
following order of priority:
(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale of the property or liquidation of assets, including all
reasonable expenditures for any necessary repairs, storage, or
transportation of any property levied upon under this section.
(2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.

(3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.
(4) For payment of any fine imposed pursuant to this section. The
proceeds obtained in payment of a fine shall be paid to the treasurer
of the county in which the judgment was entered, or if the action
was undertaken by the Attorney General, to the Treasurer. If the
payment of any fine imposed pursuant to this section involved losses
resulting from violation of Section 550 of this code or Section
1871.4 of the Insurance Code, one-half of the fine collected shall be
paid to the treasurer of the county in which the judgment was
entered, and one-half of the fine collected shall be paid to the
Department of Insurance for deposit in the appropriate account in the
Insurance Fund. The proceeds from the fine first shall be used by a
county to reimburse local prosecutors and enforcement agencies for
the reasonable costs of investigation and prosecution of cases
brought pursuant to this section.
(5) To the Restitution Fund, or in cases involving convictions
relating to insurance fraud, to the Insurance Fund as restitution for
crimes not specifically pleaded and proven in the accusatory
pleading.
(k) If, after distribution pursuant to paragraphs (1) and (2) of
subdivision (j), the value of the property to be levied upon pursuant
to this section is insufficient to pay for restitution and fines,
the court shall order an equitable sharing of the proceeds of the
liquidation of the property, and any other recoveries, which shall
specify the percentage of recoveries to be devoted to each purpose.
At least 70 percent of the proceeds remaining after distribution
pursuant to paragraphs (1) and (2) of subdivision (j) shall be
devoted to restitution.
(l) Unless otherwise expressly provided, the remedies or penalties
provided by this section are cumulative to each other and to the
remedies or penalties available under all other laws of this state,
except that two separate actions against the same defendant and
pertaining to the same fraudulent or unlawful acts may not be brought
by a district attorney or the Attorney General pursuant to this
section and Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code. If a fine is imposed
under this section, it shall be in lieu of all other fines that may
be imposed pursuant to any other provision of law for the crimes for
which the defendant has been convicted in the action.

[هيثم الفقى]

ACT


186.20. This chapter shall be known and may be cited as the
"California Street Terrorism Enforcement and Prevention Act."



186.21. The Legislature hereby finds and declares that it is the
right of every person, regardless of race, color, creed, religion,
national origin, gender, age, ***ual orientation, or handicap, to be
secure and protected from fear, intimidation, and physical harm
caused by the activities of violent groups and individuals. It is
not the intent of this chapter to interfere with the exercise of the
constitutionally protected rights of freedom of expression and
association. The Legislature hereby recognizes the constitutional
right of every citizen to harbor and express beliefs on any lawful
subject whatsoever, to lawfully associate with others who share
similar beliefs, to petition lawfully constituted authority for a
redress of perceived grievances, and to participate in the electoral
process.
The Legislature, however, further finds that the State of
California is in a state of crisis which has been caused by violent
street gangs whose members threaten, terrorize, and commit a
multitude of crimes against the peaceful citizens of their
neighborhoods. These activities, both individually and collectively,
present a clear and present danger to public order and safety and
are not constitutionally protected. The Legislature finds that there
are nearly 600 criminal street gangs operating in California, and
that the number of gang-related murders is increasing. The
Legislature also finds that in Los Angeles County alone there were
328 gang-related murders in 1986, and that gang homicides in 1987
have increased 80 percent over 1986. It is the intent of the
Legislature in enacting this chapter to seek the eradication of
criminal activity by street gangs by focusing upon patterns of
criminal gang activity and upon the organized nature of street gangs,
which together, are the chief source of terror created by street
gangs. The Legislature further finds that an effective means of
punishing and deterring the criminal activities of street gangs is
through forfeiture of the profits, proceeds, and instrumentalities
acquired, accumulated, or used by street gangs.



186.22. (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
(B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
(C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
(2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
(3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.

(4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
(A) 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 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
(B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
(C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
(5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
(c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
(d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of or in association with, any criminal street gang
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
(e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
(4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
(6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034.
(7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
(8) The intimidation of witnesses and victims, as defined in
Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072.
(23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101.
(24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as
defined in Section 484e.
(27) Counterfeiting, designing, using, attempting to use an access
card, as defined in Section 484f.
(28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section
12021.
(32) Carrying a concealed firearm in violation of Section 12025.
(33) Carrying a loaded firearm in violation of Section 12031.
(f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
(g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
(h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
(i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
(j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.


186.22a. (a) Every building or place used by members of a criminal
street gang for the purpose of the commission of the offenses listed
in subdivision (e) of Section 186.22 or any offense involving
dangerous or deadly weapons, burglary, or rape, and every building or
place wherein or upon which that criminal conduct by gang members
takes place, is a nuisance which shall be enjoined, abated, and
prevented, and for which damages may be recovered, whether it is a
public or private nuisance.
(b) Any action for injunction or abatement filed pursuant to
subdivision (a), including an action filed by the Attorney General,
shall proceed according to the provisions of Article 3 (commencing
with Section 11570) of Chapter 10 of Division 10 of the Health and
Safety Code, except that all of the following shall apply:
(1) The court shall not assess a civil penalty against any person
unless that person knew or should have known of the unlawful acts.
(2) No order of eviction or closure may be entered.
(3) All injunctions issued shall be limited to those necessary to
protect the health and safety of the residents or the public or those
necessary to prevent further criminal activity.
(4) Suit may not be filed until 30-day notice of the unlawful use
or criminal conduct has been provided to the owner by mail, return
receipt requested, postage prepaid, to the last known address.
(c) Whenever an injunction is issued pursuant to subdivision (a),
or Section 3479 of the Civil Code, to abate gang activity
constituting a nuisance, the Attorney General or any district
attorney or any prosecuting city attorney may maintain an action for
money damages on behalf of the community or neighborhood injured by
that nuisance. Any money damages awarded shall be paid by or
collected from assets of the criminal street gang or its members.
Only members of the criminal street gang who created, maintained, or
contributed to the creation or maintenance of the nuisance shall be
personally liable for the payment of the damages awarded. In a civil
action for damages brought pursuant to this subdivision, the Attorney
General, district attorney, or city attorney may use, but is not
limited to the use of, the testimony of experts to establish damages
suffered by the community or neighborhood injured by the nuisance.
The damages recovered pursuant to this subdivision shall be deposited
into a separate segregated fund for payment to the governing body of
the city or county in whose political subdivision the community or
neighborhood is located, and that governing body shall use those
assets solely for the benefit of the community or neighborhood that
has been injured by the nuisance.
(d) No nonprofit or charitable organization which is conducting
its affairs with ordinary care or skill, and no governmental entity,
shall be abated pursuant to subdivisions (a) and (b).
(e) Nothing in this chapter shall preclude any aggrieved person
from seeking any other remedy provided by law.
(f) (1) Any firearm, ammunition which may be used with the
firearm, or any deadly or dangerous weapon which is owned or
possessed by a member of a criminal street gang for the purpose of
the commission of any of the offenses listed in subdivision (e) of
Section 186.22, or the commission of any burglary or rape, may be
confiscated by any law enforcement agency or peace officer.
(2) In those cases where a law enforcement agency believes that
the return of the firearm, ammunition, or deadly weapon confiscated
pursuant to this subdivision, is or will be used in criminal street
gang activity or that the return of the item would be likely to
result in endangering the safety of others, the law enforcement
agency shall initiate a petition in the superior court to determine
if the item confiscated should be returned or declared a nuisance.
(3) No firearm, ammunition, or deadly weapon shall be sold or
destroyed unless reasonable notice is given to its lawful owner if
his or her identity and address can be reasonably ascertained. The
law enforcement agency shall inform the lawful owner, at that person'
s last known address by registered mail, that he or she has 30 days
from the date of receipt of the notice to respond to the court clerk
to confirm his or her desire for a hearing and that the failure to
respond shall result in a default order forfeiting the confiscated
firearm, ammunition, or deadly weapon as a nuisance.
(4) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing.
(5) At the hearing, the burden of proof is upon the law
enforcement agency or peace officer to show by a preponderance of the
evidence that the seized item is or will be used in criminal street
gang activity or that return of the item would be likely to result in
endangering the safety of others. All returns of firearms shall be
subject to Section 12021.3.
(6) If the person does not request a hearing within 30 days of the
notice or the lawful owner cannot be ascertained, the law
enforcement agency may file a petition that the confiscated firearm,
ammunition, or deadly weapon be declared a nuisance. If the items are
declared to be a nuisance, the law enforcement agency shall dispose
of the items as provided in Section 12028.



186.23. This chapter does not apply to employees engaged in
concerted activities for their mutual aid and protection, or the
activities of labor organizations or their members or agents.



186.24. If any part or provision of this chapter, or the
application thereof to any person or circumstance, is held invalid,
the remainder of the chapter, including the application of that part
or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end,
the provisions of this chapter are severable.



186.25. Nothing in this chapter shall prevent a local governing
body from adopting and enforcing laws consistent with this chapter
relating to gangs and gang violence. Where local laws duplicate or
supplement this chapter, this chapter shall be construed as providing
alternative remedies and not as preempting the field.




186.26. (a) Any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, with the intent that the person solicited or
recruited participate in a pattern of criminal street gang activity,
as defined in subdivision (e) of Section 186.22, or with the intent
that the person solicited or recruited promote, further, or assist in
any felonious conduct by members of the criminal street gang, shall
be punished by imprisonment in the state prison for 16 months, or two
or three years.
(b) Any person who threatens another person with physical violence
on two or more separate occasions within any 30-day period with the
intent to coerce, induce, or solicit any person to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, shall be punished by imprisonment in the state
prison for two, three, or four years.
(c) Any person who uses physical violence to coerce, induce, or
solicit another person to actively participate in any criminal street
gang, as defined in subdivision (f) of Section 186.22, or to prevent
the person from leaving a criminal street gang, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) If the person solicited, recruited, coerced, or threatened
pursuant to subdivision (a), (b), or (c) is a minor, an additional
term of three years shall be imposed in addition and consecutive to
the penalty prescribed for a violation of any of these subdivisions.

(e) Nothing in this section shall be construed to limit
prosecution under any other provision of law.



186.28. (a) Any person, corporation, or firm who shall knowingly
supply, sell, or give possession or control of any firearm to another
shall be punished by imprisonment in the state prison, or in a
county jail for a term not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment if all of the following apply:
(1) The person, corporation, or firm has actual knowledge that the
person will use the firearm to commit a felony described in
subdivision (e) of Section 186.22, while actively participating in
any criminal street gang, as defined in subdivision (f) of Section
186.22, the members of which engage in a pattern of criminal
activity, as defined in subdivision (e) of Section 186.22.
(2) The firearm is used to commit the felony.
(3) A conviction for the felony violation under subdivision (e) of
Section 186.22 has first been obtained of the person to whom the
firearm was supplied, sold, or given possession or control pursuant
to this section.
(b) This section shall only be applicable where the person is not
convicted as a principal to the felony offense committed by the
person to whom the firearm was supplied, sold, or given possession or
control pursuant to this section.



186.30. (a) Any person described in subdivision (b) shall register
with the chief of police of the city in which he or she resides, or
the sheriff of the county if he or she resides in an unincorporated
area, within 10 days of release from custody or within 10 days of his
or her arrival in any city, county, or city and county to reside
there, whichever occurs first.
(b) Subdivision (a) shall apply to any person convicted in a
criminal court or who has had a petition sustained in a juvenile
court in this state for any of the following offenses:
(1) Subdivision (a) of Section 186.22.
(2) Any crime where the enhancement specified in subdivision (b)
of Section 186.22 is found to be true.
(3) Any crime that the court finds is gang related at the time of
sentencing or disposition.



186.31. At the time of sentencing in adult court, or at the time of
the dispositional hearing in the juvenile court, the court shall
inform any person subject to Section 186.30 of his or her duty to
register pursuant to that section. This advisement shall be noted in
the court minute order. The court clerk shall send a copy of the
minute order to the law enforcement agency with jurisdiction for the
last known address of the person subject to registration under
Section 186.30. The parole officer or the probation officer assigned
to that person shall verify that he or she has complied with the
registration requirements of Section 186.30.



186.32. (a) The registration required by Section 186.30 shall
consist of the following:
(1) Juvenile registration shall include the following:
(A) The juvenile shall appear at the law enforcement agency with a
parent or guardian.
(B) The law enforcement agency shall serve the juvenile and the
parent with a California Street Terrorism Enforcement and Prevention
Act notification which shall include, where applicable, that the
juvenile belongs to a gang whose members engage in or have engaged in
a pattern of criminal gang activity as described in subdivision (e)
of Section 186.22.
(C) A written statement signed by the juvenile, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the juvenile shall
be submitted to the law enforcement agency.
(2) Adult registration shall include the following:
(A) The adult shall appear at the law enforcement agency.
(B) The law enforcement agency shall serve the adult with a
California Street Terrorism Enforcement and Prevention Act
notification which shall include, where applicable, that the adult
belongs to a gang whose members engage in or have engaged in a
pattern of criminal gang activity as described in subdivision (e) of
Section 186.22.
(C) A written statement, signed by the adult, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the adult shall be
submitted to the law enforcement agency.
(b) Within 10 days of changing his or her residence address, any
person subject to Section 186.30 shall inform, in writing, the law
enforcement agency with whom he or she last registered of his or her
new address. If his or her new residence address is located within
the jurisdiction of a law enforcement agency other than the agency
where he or she last registered, he or she shall register with the
new law enforcement agency, in writing, within 10 days of the change
of residence.
(c) All registration requirements set forth in this article shall
terminate five years after the last imposition of a registration
requirement pursuant to Section 186.30.
(d) The statements, photographs and fingerprints required under
this section shall not be open to inspection by any person other than
a regularly employed peace or other law enforcement officer.
(e) Nothing in this section or Section 186.30 or 186.31 shall
preclude a court in its discretion from imposing the registration
requirements as set forth in those sections in a gang-related crime.



186.33. (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
2, or 3 years. The court shall order imposition of the middle term
unless there are circumstances in aggravation or mitigation. The
court shall state its reasons for the enhancement choice on the
record at the time of sentencing.
(2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.

[هيثم الفقى]

HOMICIDE


187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.



188. Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing
show an abandoned and malignant heart.
When it is shown that the killing resulted from the intentional
doing of an act with express or implied malice as defined above, no
other mental state need be shown to establish the mental state of
malice aforethought. Neither an awareness of the obligation to act
within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.



189. All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.



189.5. (a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon the
defendant, unless the proof on the part of the prosecution tends to
show that the crime committed only amounts to manslaughter, or that
the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any
proceeding under Section 190.3 or 190.4.




190. (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life. The penalty to be applied shall be
determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and
190.5.
Except as provided in subdivision (b), (c), or (d), every person
guilty of murder in the second degree shall be punished by
imprisonment in the state prison for a term of 15 years to life.
(b) Except as provided in subdivision (c), every person guilty of
murder in the second degree shall be punished by imprisonment in the
state prison for a term of 25 years to life if the victim was a peace
officer, as defined in subdivision (a) of Section 830.1, subdivision
(a), (b), or (c) of Section 830.2, subdivision (a) of Section
830.33, or Section 830.5, who was killed while engaged in the
performance of his or her duties, and the defendant knew, or
reasonably should have known, that the victim was a peace officer
engaged in the performance of his or her duties.
(c) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of life
without the possibility of parole if the victim was a peace officer,
as defined in subdivision (a) of Section 830.1, subdivision (a), (b),
or (c) of Section 830.2, subdivision (a) of Section 830.33, or
Section 830.5, who was killed while engaged in the performance of his
or her duties, and the defendant knew, or reasonably should have
known, that the victim was a peace officer engaged in the performance
of his or her duties, and any of the following facts has been
charged and found true:
(1) The defendant specifically intended to kill the peace officer.

(2) The defendant specifically intended to inflict great bodily
injury, as defined in Section 12022.7, on a peace officer.
(3) The defendant personally used a dangerous or deadly weapon in
the commission of the offense, in violation of subdivision (b) of
Section 12022.
(4) The defendant personally used a firearm in the commission of
the offense, in violation of Section 12022.5.
(d) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of 20 years
to life if the killing was perpetrated by means of shooting a firearm
from a motor vehicle, intentionally at another person outside of the
vehicle with the intent to inflict great bodily injury.
(e) Article 2.5 (commencing with Section 2930) of Chapter 7 of
Title 1 of Part 3 shall not apply to reduce any minimum term of a
sentence imposed pursuant to this section. A person sentenced
pursuant to this section shall not be released on parole prior to
serving the minimum term of confinement prescribed by this section.



190.03. (a) A person who commits first-degree murder that is a hate
crime shall be punished by imprisonment in the state prison for life
without the possibility of parole.
(b) The term authorized by subdivision (a) shall not apply unless
the allegation is charged in the accusatory pleading and admitted by
the defendant or found true by the trier of fact. The court shall
not strike the allegation, except in the interest of justice, in
which case the court shall state its reasons in writing for striking
the allegation.
(c) For the purpose of this section, "hate crime" has the same
meaning as in Section 422.55.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.


190.05. (a) The penalty for a defendant found guilty of murder in
the second degree, who has served a prior prison term for murder in
the first or second degree, shall be confinement in the state prison
for a term of life without the possibility of parole or confinement
in the state prison for a term of 15 years to life. For purposes of
this section, a prior prison term for murder of the first or second
degree is that time period in which a defendant has spent actually
incarcerated for his or her offense prior to release on parole.
(b) A prior prison term for murder for purposes of this section
includes either of the following:
(1) A prison term served in any state prison or federal penal
institution, including confinement in a hospital or other institution
or facility credited as service of prison time in the jurisdiction
of confinement, as punishment for the commission of an offense which
includes all of the elements of murder in the first or second degree
as defined under California law.
(2) Incarceration at a facility operated by the Youth Authority
for murder of the first or second degree when the person was subject
to the custody, control, and discipline of the Director of
Corrections.
(c) The fact of a prior prison term for murder in the first or
second degree shall be alleged 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 trial by the
court sitting without a jury.
(d) In case of a reasonable doubt as to whether the defendant
served a prior prison term for murder in the first or second degree,
the defendant is entitled to a finding that the allegation is not
true.
(e) If the trier of fact finds that the defendant has served a
prior prison term for murder in the first or second degree, there
shall be a separate penalty hearing before the same trier of fact,
except as provided in subdivision (f).
(f) If the defendant was convicted by the court sitting without a
jury, the trier of fact at the penalty hearing shall be a jury unless
a jury is waived by the defendant and the people, in which case the
trier of fact shall be the court. If the defendant was convicted by
a plea of guilty or nolo contendere, the trier of fact shall be a
jury unless a jury is waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a
unanimous verdict as to what the penalty shall be, the court shall
dismiss the jury and shall order a new jury impaneled to try the
issue as to what the penalty shall be. If the new jury is unable to
reach a unanimous verdict as to what the penalty shall be, the court
in its discretion shall either order a new jury or impose a
punishment of confinement in the state prison for a term of 15 years
to life.
(g) Evidence presented at any prior phase of the trial, including
any proceeding under a plea of not guilty by reason of insanity
pursuant to Section 1026, shall be considered at any subsequent phase
of the trial, if the trier of fact of the prior phase is the same
trier of fact at the subsequent phase.
(h) In the proceeding on the question of penalty, evidence may be
presented by both the people and the defendant as to any matter
relevant to aggravation, mitigation, and sentence, including, but not
limited to, the nature and circumstances of the present offense, any
prior felony conviction or convictions whether or not such
conviction or convictions involved a crime of violence, the presence
or absence of other criminal activity by the defendant which involved
the use or attempted use of force or violence or which involved the
express or implied threat to use force or violence, and the defendant'
s character, background, history, mental condition, and physical
condition.
However, no evidence shall be admitted regarding other criminal
activity by the defendant which did not involve the use or attempted
use of force or violence or which did not involve the express or
implied threat to use force or violence. As used in this section,
criminal activity does not require a conviction.
However, in no event shall evidence of prior criminal activity be
admitted for an offense for which the defendant was prosecuted and
acquitted. The restriction on the use of this evidence is intended
to apply only to proceedings pursuant to this section and is not
intended to affect statutory or decisional law allowing such evidence
to be used in any other proceedings.
Except for evidence in proof of the offense or the prior prison
term for murder of the first or second degree which subjects a
defendant to the punishment of life without the possibility of
parole, no evidence may be presented by the prosecution in
aggravation unless notice of the evidence to be introduced has been
given to the defendant within a reasonable period of time as
determined by the court, prior to trial. Evidence may be introduced
without such notice in rebuttal to evidence introduced by the
defendant in mitigation.
In determining the penalty, the trier of fact shall take into
account any of the following factors if relevant:
(1) The circumstances of the crime of which the defendant was
convicted in the present proceeding and the existence of the prior
prison term for murder.
(2) The presence or absence of criminal activity by the defendant
which involved the use or attempted use of force or violence or the
express or implied threat to use force or violence.
(3) The presence or absence of any prior felony conviction.
(4) Whether or not the offense was committed while the defendant
was under the influence of extreme mental or emotional disturbance.
(5) Whether or not the victim was a participant in the defendant's
homicidal conduct or consented to the homicidal act.
(6) Whether or not the offense was committed under circumstances
which the defendant reasonably believed to be a moral justification
or extenuation for his or her conduct.
(7) Whether or not the defendant acted under extreme duress or
under the substantial domination of another person.
(8) Whether or not at the time of the offense the ability of the
defendant to appreciate the criminality of his or her conduct or to
conform his or her conduct to the requirements of law was impaired as
a result of mental disease or defect, or the effects of
intoxication.
(9) The age of the defendant at the time of the crime.
(10) Whether or not the defendant was an accomplice to the offense
and his or her participation in the commission of the offense was
relatively minor.
(11) Any other circumstance which extenuates the gravity of the
crime even though it is not a legal excuse for the crime.
After having heard and received all of the evidence, and after
having heard and considered the arguments of counsel, the trier of
fact shall consider, take into account, and be guided by the
aggravating and mitigating circumstances referred to in this section,
and shall impose a sentence of life without the possibility of
parole if the trier of fact concludes that the aggravating
circumstances outweigh the mitigating circumstances. If the trier of
fact determines that the mitigating circumstances outweigh the
aggravating circumstances, the trier of fact shall impose a sentence
of confinement in the state prison for 15 years to life.
(i) Nothing in this section shall be construed to prohibit the
charging of finding of any special circumstance pursuant to Sections
190.1, 190.2, 190.3, 190.4, and 190.5.



190.1. A case in which the death penalty may be imposed pursuant to
this chapter shall be tried in separate phases as follows:
(a) The question of the defendant's guilt shall be first
determined. If the trier of fact finds the defendant guilty of first
degree murder, it shall at the same time determine the truth of all
special circumstances charged as enumerated in Section 190.2 except
for a special circumstance charged pursuant to paragraph (2) of
subdivision (a) of Section 190.2 where it is alleged that the
defendant had been convicted in a prior proceeding of the offense of
murder in the first or second degree.
(b) If the defendant is found guilty of first degree murder and
one of the special circumstances is charged pursuant to paragraph (2)
of subdivision (a) of Section 190.2 which charges that the defendant
had been convicted in a prior proceeding of the offense of murder of
the first or second degree, there shall thereupon be further
proceedings on the question of the truth of such special
circumstance.
(c) If the defendant is found guilty of first degree murder and
one or more special circumstances as enumerated in Section 190.2 has
been charged and found to be true, his sanity on any plea of not
guilty by reason of insanity under Section 1026 shall be determined
as provided in Section 190.4. If he is found to be sane, there shall
thereupon be further proceedings on the question of the penalty to
be imposed. Such proceedings shall be conducted in accordance with
the provisions of Section 190.3 and 190.4.



190.2. (a) The penalty for a defendant who is found guilty of
murder in the first degree is death or imprisonment in the state
prison for life without the possibility of parole if one or more of
the following special circumstances has been found under Section
190.4 to be true:
(1) The murder was intentional and carried out for financial gain.

(2) The defendant was convicted previously of murder in the first
or second degree. For the purpose of this paragraph, an offense
committed in another jurisdiction, which if committed in California
would be punishable as first or second degree murder, shall be deemed
murder in the first or second degree.
(3) The defendant, in this proceeding, has been convicted of more
than one offense of murder in the first or second degree.
(4) The murder was committed by means of a destructive device,
bomb, or explosive planted, hidden, or concealed in any place, area,
dwelling, building, or structure, and the defendant knew, or
reasonably should have known, that his or her act or acts would
create a great risk of death to one or more human beings.
(5) The murder was committed for the purpose of avoiding or
preventing a lawful arrest, or perfecting or attempting to perfect,
an escape from lawful custody.
(6) The murder was committed by means of a destructive device,
bomb, or explosive that the defendant mailed or delivered, attempted
to mail or deliver, or caused to be mailed or delivered, and the
defendant knew, or reasonably should have known, that his or her act
or acts would create a great risk of death to one or more human
beings.
(7) The victim was a peace officer, as defined in Section 830.1,
830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged
in the course of the performance of his or her duties, was
intentionally killed, and the defendant knew, or reasonably should
have known, that the victim was a peace officer engaged in the
performance of his or her duties; or the victim was a peace officer,
as defined in the above-enumerated sections, or a former peace
officer under any of those sections, and was intentionally killed in
retaliation for the performance of his or her official duties.
(8) The victim was a federal law enforcement officer or agent who,
while engaged in the course of the performance of his or her duties,
was intentionally killed, and the defendant knew, or reasonably
should have known, that the victim was a federal law enforcement
officer or agent engaged in the performance of his or her duties; or
the victim was a federal law enforcement officer or agent, and was
intentionally killed in retaliation for the performance of his or her
official duties.
(9) The victim was a firefighter, as defined in Section 245.1,
who, while engaged in the course of the performance of his or her
duties, was intentionally killed, and the defendant knew, or
reasonably should have known, that the victim was a firefighter
engaged in the performance of his or her duties.
(10) The victim was a witness to a crime who was intentionally
killed for the purpose of preventing his or her testimony in any
criminal or juvenile proceeding, and the killing was not committed
during the commission or attempted commission, of the crime to which
he or she was a witness; or the victim was a witness to a crime and
was intentionally killed in retaliation for his or her testimony in
any criminal or juvenile proceeding. As used in this paragraph,
"juvenile proceeding" means a proceeding brought pursuant to Section
602 or 707 of the Welfare and Institutions Code.
(11) The victim was a prosecutor or assistant prosecutor or a
former prosecutor or assistant prosecutor of any local or state
prosecutor's office in this or any other state, or of a federal
prosecutor's office, and the murder was intentionally carried out in
retaliation for, or to prevent the performance of, the victim's
official duties.
(12) The victim was a judge or former judge of any court of record
in the local, state, or federal system in this or any other state,
and the murder was intentionally carried out in retaliation for, or
to prevent the performance of, the victim's official duties.
(13) The victim was an elected or appointed official or former
official of the federal government, or of any local or state
government of this or any other state, and the killing was
intentionally carried out in retaliation for, or to prevent the
performance of, the victim's official duties.
(14) The murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity. As used in this section, the
phrase "especially heinous, atrocious, or cruel, manifesting
exceptional depravity" means a conscienceless or pitiless crime that
is unnecessarily torturous to the victim.
(15) The defendant intentionally killed the victim by means of
lying in wait.
(16) The victim was intentionally killed because of his or her
race, color, religion, nationality, or country of origin.
(17) The murder was committed while the defendant was engaged in,
or was an accomplice in, the commission of, attempted commission of,
or the immediate flight after committing, or attempting to commit,
the following felonies:
(A) Robbery in violation of Section 211 or 212.5.
(B) Kidnapping in violation of Section 207, 209, or 209.5.
(C) Rape in violation of Section 261.
(D) Sodomy in violation of Section 286.
(E) The performance of a lewd or lascivious act upon the person of
a child under the age of 14 years in violation of Section 288.
(F) Oral copulation in violation of Section 288a.
(G) Burglary in the first or second degree in violation of Section
460.
(H) Arson in violation of subdivision (b) of Section 451.
(I) Train wrecking in violation of Section 219.
(J) Mayhem in violation of Section 203.
(K) Rape by instrument in violation of Section 289.
(L) Carjacking, as defined in Section 215.
(M) To prove the special circumstances of kidnapping in
subparagraph (B), or arson in subparagraph (H), if there is specific
intent to kill, it is only required that there be proof of the
elements of those felonies. If so established, those two special
circumstances are proven even if the felony of kidnapping or arson is
committed primarily or solely for the purpose of facilitating the
murder.
(18) The murder was intentional and involved the infliction of
torture.
(19) The defendant intentionally killed the victim by the
administration of poison.
(20) The victim was a juror in any court of record in the local,
state, or federal system in this or any other state, and the murder
was intentionally carried out in retaliation for, or to prevent the
performance of, the victim's official duties.
(21) The murder was intentional and perpetrated by means of
discharging a firearm from a motor vehicle, intentionally at another
person or persons outside the vehicle with the intent to inflict
death. For purposes of this paragraph, "motor vehicle" means any
vehicle as defined in Section 415 of the Vehicle Code.
(22) The defendant intentionally killed the victim while the
defendant was an active participant in a criminal street gang, as
defined in subdivision (f) of Section 186.22, and the murder was
carried out to further the activities of the criminal street gang.
(b) Unless an intent to kill is specifically required under
subdivision (a) for a special circumstance enumerated therein, an
actual killer, as to whom the special circumstance has been found to
be true under Section 190.4, need not have had any intent to kill at
the time of the commission of the offense which is the basis of the
special circumstance in order to suffer death or confinement in the
state prison for life without the possibility of parole.
(c) Every person, not the actual killer, who, with the intent to
kill, aids, abets, counsels, commands, induces, solicits, requests,
or assists any actor in the commission of murder in the first degree
shall be punished by death or imprisonment in the state prison for
life without the possibility of parole if one or more of the special
circumstances enumerated in subdivision (a) has been found to be true
under Section 190.4.
(d) Notwithstanding subdivision (c), every person, not the actual
killer, who, with reckless indifference to human life and as a major
participant, aids, abets, counsels, commands, induces, solicits,
requests, or assists in the commission of a felony enumerated in
paragraph (17) of subdivision (a) which results in the death of some
person or persons, and who is found guilty of murder in the first
degree therefor, shall be punished by death or imprisonment in the
state prison for life without the possibility of parole if a special
circumstance enumerated in paragraph (17) of subdivision (a) has been
found to be true under Section 190.4.
The penalty shall be determined as provided in this section and
Sections 190.1, 190.3, 190.4, and 190.5.




190.25. (a) The penalty for a defendant found guilty of murder in
the first degree shall be confinement in state prison for a term of
life without the possibility of parole in any case in which any of
the following special circumstances has been charged and specially
found under Section 190.4, to be true: the victim was the operator
or driver of a bus, taxicab, streetcar, cable car, trackless trolley,
or other motor vehicle operated on land, including a vehicle
operated on stationary rails or on a track or rail suspended in the
air, used for the transportation of persons for hire, or the victim
was a station agent or ticket agent for the entity providing such
transportation, who, while engaged in the course of the performance
of his or her duties was intentionally killed, and such defendant
knew or reasonably should have known that such victim was the
operator or driver of a bus, taxicab, streetcar, cable car, trackless
trolley, or other motor vehicle operated on land, including a
vehicle operated on stationary rails or on a track or rail suspended
in the air, used for the transportation of persons for hire, or was a
station agent or ticket agent for the entity providing such
transportation, engaged in the performance of his or her duties.
(b) Every person whether or not the actual killer found guilty of
intentionally aiding, abetting, counseling, commanding, inducing,
soliciting, requesting, or assisting any actor in the commission of
murder in the first degree shall suffer confinement in state prison
for a term of life without the possibility of parole, in any case in
which one or more of the special circumstances enumerated in
subdivision (a) of this section has been charged and specially found
under Section 190.4 to be true.
(c) Nothing in this section shall be construed to prohibit the
charging or finding of any special circumstance pursuant to Sections
190.1, 190.2, 190.3, 190.4, and 190.5.



190.3. If the defendant has been found guilty of murder in the
first degree, and a special circumstance has been charged and found
to be true, or if the defendant may be subject to the death penalty
after having been found guilty of violating subdivision (a) of
Section 1672 of the Military and Veterans Code or Sections 37, 128,
219, or 4500 of this code, the trier of fact shall determine whether
the penalty shall be death or confinement in state prison for a term
of life without the possibility of parole. In the proceedings on the
question of penalty, evidence may be presented by both the people
and the defendant as to any matter relevant to aggravation,
mitigation, and sentence including, but not limited to, the nature
and circumstances of the present offense, any prior felony conviction
or convictions whether or not such conviction or convictions
involved a crime of violence, the presence or absence of other
criminal activity by the defendant which involved the use or
attempted use of force or violence or which involved the express or
implied threat to use force or violence, and the defendant's
character, background, history, mental condition and physical
condition.
However, no evidence shall be admitted regarding other criminal
activity by the defendant which did not involve the use or attempted
use of force or violence or which did not involve the express or
implied threat to use force or violence. As used in this section,
criminal activity does not require a conviction.
However, in no event shall evidence of prior criminal activity be
admitted for an offense for which the defendant was prosecuted and
acquitted. The restriction on the use of this evidence is intended
to apply only to proceedings pursuant to this section and is not
intended to affect statutory or decisional law allowing such evidence
to be used in any other proceedings.
Except for evidence in proof of the offense or special
circumstances which subject a defendant to the death penalty, no
evidence may be presented by the prosecution in aggravation unless
notice of the evidence to be introduced has been given to the
defendant within a reasonable period of time as determined by the
court, prior to trial. Evidence may be introduced without such
notice in rebuttal to evidence introduced by the defendant in
mitigation.
The trier of fact shall be instructed that a sentence of
confinement to state prison for a term of life without the
possibility of parole may in future after sentence is imposed, be
commuted or modified to a sentence that includes the possibility of
parole by the Governor of the State of California.
In determining the penalty, the trier of fact shall take into
account any of the following factors if relevant:
(a) The circumstances of the crime of which the defendant was
convicted in the present proceeding and the existence of any special
circumstances found to be true pursuant to Section 190.1.
(b) The presence or absence of criminal activity by the defendant
which involved the use or attempted use of force or violence or the
express or implied threat to use force or violence.
(c) The presence or absence of any prior felony conviction.
(d) Whether or not the offense was committed while the defendant
was under the influence of extreme mental or emotional disturbance.
(e) Whether or not the victim was a participant in the defendant's
homicidal conduct or consented to the homicidal act.
(f) Whether or not the offense was committed under circumstances
which the defendant reasonably believed to be a moral justification
or extenuation for his conduct.
(g) Whether or not defendant acted under extreme duress or under
the substantial domination of another person.
(h) Whether or not at the time of the offense the capacity of the
defendant to appreciate the criminality of his conduct or to conform
his conduct to the requirements of law was impaired as a result of
mental disease or defect, or the affects of intoxication.
(i) The age of the defendant at the time of the crime.
(j) Whether or not the defendant was an accomplice to the offense
and his participation in the commission of the offense was relatively
minor.
(k) Any other circumstance which extenuates the gravity of the
crime even though it is not a legal excuse for the crime.
After having heard and received all of the evidence, and after
having heard and considered the arguments of counsel, the trier of
fact shall consider, take into account and be guided by the
aggravating and mitigating circumstances referred to in this section,
and shall impose a sentence of death if the trier of fact concludes
that the aggravating circumstances outweigh the mitigating
circumstances. If the trier of fact determines that the mitigating
circumstances outweigh the aggravating circumstances the trier of
fact shall impose a sentence of confinement in state prison for a
term of life without the possibility of parole.



190.4. (a) Whenever special circumstances as enumerated in Section
190.2 are alleged and the trier of fact finds the defendant guilty of
first degree murder, the trier of fact shall also make a special
finding on the truth of each alleged special circumstance. The
determination of the truth of any or all of the special circumstances
shall be made by the trier of fact on the evidence presented at the
trial or at the hearing held pursuant to Subdivision (b) of Section
190.1.
In case of a reasonable doubt as to whether a special circumstance
is true, the defendant is entitled to a finding that is not true.
The trier of fact shall make a special finding that each special
circumstance charged is either true or not true. Whenever a special
circumstance requires proof of the commission or attempted commission
of a crime, such crime shall be charged and proved pursuant to the
general law applying to the trial and conviction of the crime.
If the defendant was convicted by the court sitting without a
jury, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people, in which case the trier of fact
shall be the court. If the defendant was convicted by a plea of
guilty, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people.
If the trier of fact finds that any one or more of the special
circumstances enumerated in Section 190.2 as charged is true, there
shall be a separate penalty hearing, and neither the finding that any
of the remaining special circumstances charged is not true, nor if
the trier of fact is a jury, the inability of the jury to agree on
the issue of the truth or untruth of any of the remaining special
circumstances charged, shall prevent the holding of a separate
penalty hearing.
In any case in which the defendant has been found guilty by a
jury, and the jury has been unable to reach an unanimous verdict that
one or more of the special circumstances charged are true, and does
not reach a unanimous verdict that all the special circumstances
charged are not true, the court shall dismiss the jury and shall
order a new jury impaneled to try the issues, but the issue of guilt
shall not be tried by such jury, nor shall such jury retry the issue
of the truth of any of the special circumstances which were found by
an unanimous verdict of the previous jury to be untrue. If such new
jury is unable to reach the unanimous verdict that one or more of the
special circumstances it is trying are true, the court shall dismiss
the jury and in the court's discretion shall either order a new jury
impaneled to try the issues the previous jury was unable to reach
the unanimous verdict on, or impose a punishment of confinement in
state prison for a term of 25 years.
(b) If defendant was convicted by the court sitting without a jury
the trier of fact at the penalty hearing shall be a jury unless a
jury is waived by the defendant and the people, in which case the
trier of fact shall be the court. If the defendant was convicted by
a plea of guilty, the trier of fact shall be a jury unless a jury is
waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a
unanimous verdict as to what the penalty shall be, the court shall
dismiss the jury and shall order a new jury impaneled to try the
issue as to what the penalty shall be. If such new jury is unable to
reach a unanimous verdict as to what the penalty shall be, the court
in its discretion shall either order a new jury or impose a
punishment of confinement in state prison for a term of life without
the possibility of parole.
(c) If the trier of fact which convicted the defendant of a crime
for which he may be subject to the death penalty was a jury, the same
jury shall consider any plea of not guilty by reason of insanity
pursuant to Section 1026, the truth of any special circumstances
which may be alleged, and the penalty to be applied, unless for good
cause shown the court discharges that jury in which case a new jury
shall be drawn. The court shall state facts in support of the
finding of good cause upon the record and cause them to be entered
into the minutes.
(d) In any case in which the defendant may be subject to the death
penalty, evidence presented at any prior phase of the trial,
including any proceeding under a plea of not guilty by reason of
insanity pursuant to Section 1026 shall be considered an any
subsequent phase of the trial, if the trier of fact of the prior
phase is the same trier of fact at the subsequent phase.
(e) In every case in which the trier of fact has returned a
verdict or finding imposing the death penalty, the defendant shall be
deemed to have made an application for modification of such verdict
or finding pursuant to Subdivision 7 of Section 11. In ruling on the
application, the judge shall review the evidence, consider, take
into account, and be guided by the aggravating and mitigating
circumstances referred to in Section 190.3, and shall make a
determination as to whether the jury's findings and verdicts that the
aggravating circumstances outweigh the mitigating circumstances are
contrary to law or the evidence presented. The judge shall state on
the record the reasons for his findings.
The judge shall set forth the reasons for his ruling on the
application and direct that they be entered on the Clerk's minutes.
The denial of the modification of the death penalty verdict pursuant
to subdivision (7) of Section 1181 shall be reviewed on the defendant'
s automatic appeal pursuant to subdivision (b) of Section 1239. The
granting of the application shall be reviewed on the People's appeal
pursuant to paragraph (6).


190.41. Notwithstanding Section 190.4 or any other provision of
law, the corpus delicti of a felony-based special circumstance
enumerated in paragraph (17) of subdivision (a) of Section 190.2 need
not be proved independently of a defendant's extrajudicial
statement.



190.5. (a) Notwithstanding any other provision of law, the death
penalty shall not be imposed upon any person who is under the age of
18 at the time of the commission of the crime. The burden of proof
as to the age of such person shall be upon the defendant.
(b) The penalty for a defendant found guilty of murder in the
first degree, in any case in which one or more special circumstances
enumerated in Section 190.2 or 190.25 has been found to be true under
Section 190.4, who was 16 years of age or older and under the age of
18 years at the time of the commission of the crime, shall be
confinement in the state prison for life without the possibility of
parole or, at the discretion of the court, 25 years to life.
(c) The trier of fact shall determine the existence of any special
circumstance pursuant to the procedure set forth in Section 190.4.



190.6. (a) The Legislature finds that the sentence in all capital
cases should be imposed expeditiously.
(b) Therefore, in all cases in which a sentence of death has been
imposed on or after January 1, 1997, the opening appellate brief in
the appeal to the State Supreme Court shall be filed no later than
seven months after the certification of the record for completeness
under subdivision (d) of Section 190.8 or receipt by the appellant's
counsel of the completed record, whichever is later, except for good
cause. However, in those cases where the trial transcript exceeds
10,000 pages, the briefing shall be completed within the time limits
and pursuant to the procedures set by the rules of court adopted by
the Judicial Council.
(c) In all cases in which a sentence of death has been imposed on
or after January 1, 1997, it is the Legislature's goal that the
appeal be decided and an opinion reaching the merits be filed within
210 days of the completion of the briefing. However, where the
appeal and a petition for writ of habeas corpus is heard at the same
time, the petition should be decided and an opinion reaching the
merits should be filed within 210 days of the completion of the
briefing for the petition.
(d) The failure of the parties or the Supreme Court to meet or
comply with the time limit provided by this section shall not be a
ground for granting relief from a judgment of conviction or sentence
of death.



190.7. (a) The "entire record" referred to in Section 190.6
includes, but is not limited to, the following:
(1) The normal and additional record prescribed in the rules
adopted by the Judicial Council pertaining to an appeal taken by the
defendant from a judgment of conviction.
(2) A copy of any other paper or record on file or lodged with the
superior or municipal court and a transcript of any other oral
proceeding reported in the superior or municipal court pertaining to
the trial of the cause.
(b) Notwithstanding this section, the Judicial Council may adopt
rules, not inconsistent with the purpose of Section 190.6,
specifically pertaining to the content, preparation and certification
of the record on appeal when a judgment of death has been
pronounced.


190.8. (a) In any case in which a death sentence has been imposed,
the record on appeal shall be expeditiously certified in two stages,
the first for completeness and the second for accuracy, as provided
by this section. The trial court may use all reasonable means to
ensure compliance with all applicable statutes and rules of court
pertaining to record certification in capital appeals, including, but
not limited to, the imposition of sanctions.
(b) Within 30 days of the imposition of the death sentence, the
clerk of the superior court shall provide to trial counsel copies of
the clerk's transcript and shall deliver the transcript as provided
by the court reporter. Trial counsel shall promptly notify the court
if he or she has not received the transcript within 30 days.
(c) During the course of a trial in which the death penalty is
being sought, trial counsel shall alert the court's attention to any
errors in the transcripts incidentally discovered by counsel while
reviewing them in the ordinary course of trial preparation. The
court shall periodically request that trial counsel provide a list of
errors in the trial transcript during the course of trial and may
hold hearings in connection therewith.
Corrections to the record shall not be required to include
immaterial typographical errors that cannot conceivably cause
confusion.
(d) The trial court shall certify the record for completeness and
for incorporation of all corrections, as provided by subdivision (c),
no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown. However, this time period may
be extended for proceedings in which the trial transcript exceeds
10,000 pages in accordance with the timetable set forth in, or for
good cause pursuant to the procedures set forth in, the rules of
court adopted by the Judicial Council.
(e) Following the imposition of the death sentence and prior to
the deadline set forth in subdivision (d), the trial court shall hold
one or more hearings for trial counsel to address the completeness
of the record and any outstanding errors that have come to their
attention and to certify that they have reviewed all docket sheets to
ensure that the record contains transcripts for any proceedings,
hearings, or discussions that are required to be reported and that
have occurred in the course of the case in any court, as well as all
documents required by this code and the rules adopted by the Judicial
Council.
(f) The clerk of the trial court shall deliver a copy of the
record on appeal to appellate counsel when the clerk receives notice
of counsel's appointment or retention, or when the record is
certified for completeness under subdivision (d), whichever is later.

(g) The trial court shall certify the record for accuracy no later
than 120 days after the record has been delivered to appellate
counsel. However, this time may be extended pursuant to the
timetable and procedures set forth in the rules of court adopted by
the Judicial Council. The trial court may hold one or more status
conferences for purposes of timely certification of the record for
accuracy, as set forth in the rules of court adopted by the Judicial
Council.
(h) The Supreme Court shall identify in writing to the Judicial
Council any case that has not met the time limit for certification of
the record for completeness under subdivision (d) or for accuracy
under subdivision (g), and shall identify those cases, and its
reasons, for which it has granted an extension of time. The Judicial
Council shall include this information in its annual report to the
Legislature.
(i) As used in this section, "trial counsel" means both the
prosecution and the defense counsel in the trial in which the
sentence of death has been imposed.
(j) This section shall be implemented pursuant to rules of court
adopted by the Judicial Council.
(k) This section shall only apply to those proceedings in which a
sentence of death has been imposed following a trial that was
commenced on or after January 1, 1997.



190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the superior court, including
all conferences and proceedings, whether in open court, in conference
in the courtroom, or in chambers, shall be conducted on the record
with a court reporter present. The court reporter shall prepare and
certify a daily transcript of all proceedings commencing with the
preliminary hearing. Proceedings prior to the preliminary hearing
shall be reported but need not be transcribed until the court
receives notice as prescribed in paragraph (2).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the clerk shall order the
transcription and preparation of the record of all proceedings prior
to and including the preliminary hearing in the manner prescribed by
the Judicial Council in the rules of court. The record of all
proceedings prior to and including the preliminary hearing shall be
certified by the court no later than 120 days following notification
unless the time is extended pursuant to rules of court adopted by the
Judicial Council. Upon certification, the record of all proceedings
is incorporated into the superior court record.
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
(2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment is not a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of Section
271 of the Code of Civil Procedure.



191. The rules of the common law, distinguishing the killing of a
master by his servant, and of a husband by his wife, as petit
treason, are abolished, and these offenses are homicides, punishable
in the manner prescribed by this Chapter.




191.5. (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(b) Vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving
of a vehicle, where the driving was in violation of Section 23140,
23152, or 23153 of the Vehicle Code, and the killing was either the
proximate result of the commission of an unlawful act, not amounting
to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an
unlawful manner, but without gross negligence.
(c) (1) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated in violation of subdivision (a) is
punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of
subdivision (b) is punishable by imprisonment in a county jail for
not more than one year or by imprisonment in the state prison for 16
months or 2 or 4 years.
(d) A person convicted of violating subdivision (a) who has one or
more prior convictions of this section or of paragraph (1) of
subdivision (c) of Section 192, subdivision (a) or (b) of Section
192.5 of this code, or of violating Section 23152 punishable under
Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted
of Section 23153 of, the Vehicle Code, shall be punished by
imprisonment in the state prison for a term of 15 years to life.
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 shall apply to reduce the term imposed pursuant to this
subdivision.
(e) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding
of implied malice, or upon facts showing malice consistent with the
holding of the California Supreme Court in People v. Watson, 30 Cal.
3d 290.
(f) This section shall not be construed as making any homicide in
the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act,
not amounting to felony, or of the commission of a lawful act which
might produce death, in an unlawful manner.
(g) For the penalties in subdivision (d) to apply, the existence
of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in
open court or found to be true by the trier of fact.



192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed in
the driving of a vehicle.
(c) Vehicular--
(1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not
amounting to felony, but without gross negligence; or driving a
vehicle in the commission of a lawful act which might produce death,
in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph
(3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and
proximately resulted in the death of any person. This provision shall
not be construed to prevent prosecution of a defendant for the crime
of murder.
This section shall not be construed as making any homicide in the
driving of a vehicle punishable that is not a proximate result of the
commission of an unlawful act, not amounting to felony, or of the
commission of a lawful act which might produce death, in an unlawful
manner.
"Gross negligence," as used in this section, shall not be
construed as prohibiting or precluding a charge of murder under
Section 188 upon facts exhibiting wantonness and a conscious
disregard for life to support a finding of implied malice, or upon
facts showing malice, consistent with the holding of the California
Supreme Court in People v. Watson, 30 Cal. 3d 290.



192.5. Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being without malice aforethought, and includes:
(a) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
(b) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, but
without gross negligence; or operating a vessel in violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors
and Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, but without gross negligence.

(c) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, and with gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(d) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, but without gross negligence.
(e) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c), upon conviction, in
addition and consecutive to the punishment prescribed, shall be
punished by an additional term of imprisonment of five years in the
state prison. This 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. The court shall
not strike a finding that brings a person within the provisions of
this subdivision or an allegation made pursuant to this subdivision.




193. (a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment in the
state prison for two, three, or four years.
(c) Vehicular manslaughter is punishable as follows:
(1) A violation of paragraph (1) of subdivision (c) of Section 192
is punishable either by imprisonment in the county jail for not more
than one year or by imprisonment in the state prison for two, four,
or six years.
(2) A violation of paragraph (2) of subdivision (c) of Section 192
is punishable by imprisonment in the county jail for not more than
one year.
(3) A violation of paragraph (3) of subdivision (c) of Section 192
is punishable by imprisonment in the state prison for 4, 6, or 10
years.


193.5. Manslaughter committed during the operation of a vessel is
punishable as follows:
(a) A violation of subdivision (a) of Section 192.5 is punishable
by imprisonment in the state prison for 4, 6, or ten years.
(b) A violation of subdivision (b) of Section 192.5 is punishable
by imprisonment in a county jail for not more than one year or by
imprisonment in the state prison for 16 months or 2 or 4 years.
(c) A violation of subdivision (c) of Section 192.5 is punishable
either by imprisonment in the county jail for not more than one year
or by imprisonment in the state prison for two, four, or six years.
(d) A violation of subdivision (d) of Section 192.5 is punishable
by imprisonment in the county jail for not more than one year.



193.7. A person convicted of a violation of subdivision (b) of
Section 191.5 that occurred within seven years of two or more
separate violations of Section 23103, as specified in Section
23103.5, of, or Section 23152 or 23153 of, the Vehicle Code, or any
combination thereof, that resulted in convictions, shall be
designated as an habitual traffic offender subject to paragraph (3)
of subdivision (e) of Section 14601.3 of the Vehicle Code, for a
period of three years, subsequent to the conviction. The person shall
be advised of this designation pursuant to subdivision (b) of
Section 13350 of the Vehicle Code.



193.8. (a) An adult, who is the registered owner of a motor vehicle
or in possession of a motor vehicle, shall not relinquish possession
of the vehicle to a minor for the purpose of driving if the
following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or
reasonably should have known that the minor was intoxicated at the
time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a
violation of Section 23103 as specified in Section 23103.5, 23140,
23152, or 23153 of the Vehicle Code or a violation of Section 191.5
or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession
of the vehicle.
(b) The offense described in subdivision (a) shall not apply to
commercial bailments, motor vehicle leases, or parking arrangements,
whether or not for compensation, provided by hotels, motels, or food
facilities for customers, guests, or other invitees thereof. For
purposes of this subdivision, hotel and motel shall have the same
meaning as in subdivision (b) of Section 25503.16 of the Business and
Professions Code and food facility shall have the same meaning as in
Section 113785 of the Health and Safety Code.
(c) If an adult is convicted of the offense described in
subdivision (a), that person shall be punished by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail not exceeding six months, or by both the fine and
imprisonment. An adult convicted of the offense described in
subdivision (a) shall not be subject to driver's license suspension
or revocation or attendance at a licensed alcohol or drug education
and counseling program for persons who drive under the influence.




194. To make the killing either murder or manslaughter, it is not
requisite that the party die within three years and a day after the
stroke received or the cause of death administered. If death occurs
beyond the time of three years and a day, there shall be a rebuttable
presumption that the killing was not criminal. The prosecution
shall bear the burden of overcoming this presumption. In the
computation of time, the whole of the day on which the act was done
shall be reckoned the first.



195. Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any
other lawful act by lawful means, with usual and ordinary caution,
and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of
passion, upon any sudden and sufficient provocation, or upon a sudden
combat, when no undue advantage is taken, nor any dangerous weapon
used, and when the killing is not done in a cruel or unusual manner.




196. Homicide is justifiable when committed by public officers and
those acting by their command in their aid and assistance, either--
1. In obedience to any judgment of a competent Court; or,
2. When necessarily committed in overcoming actual resistance to
the execution of some legal process, or in the discharge of any other
legal duty; or,
3. When necessarily committed in retaking felons who have been
rescued or have escaped, or when necessarily committed in arresting
persons charged with felony, and who are fleeing from justice or
resisting such arrest.



197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.


198. A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully committed, is not sufficient to justify it. But the
circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of
such fears alone.



198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.



199. The homicide appearing to be justifiable or excusable, the
person indicted must, upon his trial, be fully acquitted and
discharged.

[هيثم الفقى]

203. Every person who unlawfully and maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless, or cuts or disables the tongue, or puts out an eye, or
slits the nose, ear, or lip, is guilty of mayhem.




204. Mayhem is punishable by imprisonment in the state prison for
two, four, or eight years.



205. A person is guilty of aggravated mayhem when he or she
unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. For purposes of this section, it is not necessary
to prove an intent to kill. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.


206. Every person who, with the intent to cause cruel or extreme
pain and suffering for the purpose of revenge, extortion, persuasion,
or for any sadistic purpose, inflicts great bodily injury as defined
in Section 12022.7 upon the person of another, is guilty of torture.

The crime of torture does not require any proof that the victim
suffered pain.



206.1. Torture is punishable by imprisonment in the state prison
for a term of life.

[هيثم الفقى]

207. (a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and carries the person into another country,
state, or county, or into another part of the same county, is guilty
of kidnapping.
(b) Every person, who for the purpose of committing any act
defined in Section 288, hires, persuades, entices, decoys, or seduces
by false promises, misrepresentations, or the like, any child under
the age of 14 years to go out of this country, state, or county, or
into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling
fear, takes or holds, detains, or arrests any person, with a design
to take the person out of this state, without having established a
claim, according to the laws of the United States, or of this state,
or who hires, persuades, entices, decoys, or seduces by false
promises, misrepresentations, or the like, any person to go out of
this state, or to be taken or removed therefrom, for the purpose and
with the intent to sell that person into slavery or involuntary
servitude, or otherwise to employ that person for his or her own use,
or to the use of another, without the free will and consent of that
persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by
force or fraud any person contrary to the law of the place where
that act is committed, and brings, sends, or conveys that person
within the limits of this state, and is afterwards found within the
limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the
amount of force required to kidnap an unresisting infant or child is
the amount of physical force required to take and carry the child
away a substantial distance for an illegal purpose or with an illegal
intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the
following:
(1) To any person who steals, takes, entices away, detains,
conceals, or harbors any child under the age of 14 years, if that act
is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.



208. (a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time
of the commission of the crime, the kidnapping is punishable by
imprisonment in the state prison for 5, 8, or 11 years. This
subdivision is not applicable to the taking, detaining, or
concealing, of a minor child by a biological parent, a natural
father, as specified in Section 7611 of the Family Code, an adoptive
parent, or a person who has been granted access to the minor child by
a court order.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be
confined in the county jail for 12 months, it shall specify its
reason or reasons for imposing a lesser penalty.



209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon
conviction thereof, shall be punished by imprisonment in the state
prison for life without possibility of parole in cases in which any
person subjected to any such act suffers death or bodily harm, or is
intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment
in the state prison for life with the possibility of parole in cases
where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
(2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61. A person may be charged with a violation of
subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.



209.5. (a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be
confined in the county jail for 12 months, it shall specify its
reason or reasons for imposing a lesser penalty.




210. Every person who for the purpose of obtaining any ransom or
reward, or to extort or exact from any person any money or thing of
value, poses as, or in any manner represents himself to be a person
who has seized, confined, inveigled, enticed, decoyed, abducted,
concealed, kidnapped or carried away any person, or who poses as, or
in any manner represents himself to be a person who holds or detains
such person, or who poses as, or in any manner represents himself to
be a person who has aided or abetted any such act, or who poses as or
in any manner represents himself to be a person who has the
influence, power, or ability, to obtain the release of such person so
seized, confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped or carried away, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment for two, three or four
years.
Nothing in this section prohibits any person who, in good faith
believes that he can rescue any person who has been seized, confined,
inveigled, enticed, decoyed, abducted, concealed, kidnapped or
carried away, and who has had no part in, or connection with, such
confinement, inveigling, decoying, abducting, concealing, kidnapping,
or carrying away, from offering to rescue or obtain the release of
such person for a monetary consideration or other thing of value.

[هيثم الفقى]

210.5. Every person who commits the offense of false imprisonment,
as defined in Section 236, against a person for purposes of
protection from arrest, which substantially increases the risk of
harm to the victim, or for purposes of using the person as a shield
is punishable by imprisonment in the state prison for three, five, or
eight years.

[هيثم الفقى]

211. Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will, accomplished by means of force or fear.



212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any relative of his or member of his family;
or,
2. The fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of
the robbery.



212.5. (a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller
machine or immediately after the person has used an automated teller
machine and is in the vicinity of the automated teller machine is
robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.



213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.



214. Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train, car or engine, of any personal property thereon
in the possession or care or under the control of any such passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops any such train, car or engine, or slackens the
speed thereof, or who compels or attempts to compel any person in
charge or control thereof to stop any such train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on such train, car or engine, of any
personal property thereon in the possession or charge or under the
control of any such passenger or other person, is guilty of a felony.




215. (a) "Carjacking" is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
(b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this
section and Section 211. However, no defendant may be punished under
this section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.

[هيثم الفقى]

217.1. (a) Except as provided in subdivision (b), every person who
commits any assault upon the President or Vice President of the
United States, the Governor of any state or territory, any justice,
judge, or former judge of any local, state, or federal court of
record, any commissioner, referee, or other subordinate judicial
officer of any court of record, the secretary or director of any
executive agency or department of the United States or any state or
territory, or any other official of the United States or any state or
territory holding elective office, any mayor, city council member,
county supervisor, sheriff, district attorney, prosecutor or
assistant prosecutor of any local, state, or federal prosecutor's
office, a former prosecutor or assistant prosecutor of any local,
state, or federal prosecutor's office, public defender or assistant
public defender of any local, state, or federal public defender's
office, a former public defender or assistant public defender of any
local, state, or federal public defender's office, the chief of
police of any municipal police department, any peace officer, any
juror in any local, state, or federal court of record, or the
immediate family of any of these officials, in retaliation for or to
prevent the performance of the victim's official duties, shall be
punished by imprisonment in the county jail not exceeding one year or
by imprisonment in the state prison.
(b) Notwithstanding subdivision (a), every person who attempts to
commit murder against any person listed in subdivision (a) in
retaliation for or to prevent the performance of the victim's
official duties, shall be confined in the state prison for a term of
15 years to life. 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 of 15 years in a state prison imposed pursuant to
this section, but that person shall not otherwise be released on
parole prior to such time.
(c) For the purposes of this section, the following words have the
following meanings:
(1) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(2) "Peace officer" means any person specified in subdivision (a)
of Section 830.1 or Section 830.5.



218. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine, or
who unlawfully places any dynamite or other explosive material or any
other obstruction upon or near the track of any railroad with the
intention of blowing up or derailing any such train, car or engine,
or who unlawfully sets fire to any railroad bridge or trestle, over
which any such train, car or engine must pass with the intention of
wrecking such train, car or engine, is guilty of a felony, and shall
be punished by imprisonment in the state prison for life without
possibility of parole.


218.1. Any person who unlawfully and with gross negligence places
or causes to be placed any obstruction upon or near the track of any
railroad that proximately results in either the damaging or derailing
of any passenger, freight, or other train, or injures a rail
passenger or employee, shall be punished by imprisonment in the state
prison for two, three, or four years, or by imprisonment in a county
jail for not more than one year, or by a fine not to exceed two
thousand five hundred dollars ($2,500), or by both that imprisonment
and fine.


219. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine and
thus derails the same, or who unlawfully places any dynamite or other
explosive material or any other obstruction upon or near the track
of any railroad with the intention of blowing up or derailing any
such train, car or engine and thus blows up or derails the same, or
who unlawfully sets fire to any railroad bridge or trestle over which
any such train, car or engine must pass with the intention of
wrecking such train, car or engine, and thus wrecks the same, is
guilty of a felony and punishable with death or imprisonment in the
state prison for life without possibility of parole in cases where
any person suffers death as a proximate result thereof, or
imprisonment in the state prison for life with the possibility of
parole, in cases where no person suffers death as a proximate result
thereof. The penalty shall be determined pursuant to Sections 190.3
and 190.4.



219.1. Every person who unlawfully throws, hurls or projects at a
vehicle operated by a common carrier, while such vehicle is either in
motion or stationary, any rock, stone, brick, bottle, piece of wood
or metal or any other missile of any kind or character, or does any
unlawful act, with the intention of wrecking such vehicle and doing
bodily harm, and thus wrecks the same and causes bodily harm, is
guilty of a felony and punishable by imprisonment in the state prison
for two, four, or six years.



219.2. Every person who willfully throws, hurls, or projects a
stone or other hard substance, or shoots a missile, at a train,
locomotive, railway car, caboose, cable railway car, street railway
car, or bus or at a steam vessel or watercraft used for carrying
passengers or freight on any of the waters within or bordering on
this state, is punishable by imprisonment in the county jail not
exceeding one year, or in a state prison, or by fine not exceeding
two thousand dollars ($2,000), or by both such fine and imprisonment.



219.3. Any person who wilfully drops or throws any object or
missile from any toll bridge is guilty of a misdemeanor.

[هيثم الفقى]

220. (a) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.


222. Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony.

[هيثم الفقى]

236. False imprisonment is the unlawful violation of the personal
liberty of another.



236.1. (a) Any person who deprives or violates the personal liberty
of another with the intent to effect or maintain a felony violation
of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced
labor or services, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
(c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
(d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
(2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
(e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
(f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.



236.2. (a) Within 15 business days of the first encounter of a
victim of human trafficking, victim pursuant to Section 236.1, law
enforcement agencies shall provide brief letters that satisfy the
following Law Enforcement Agency Endorsement (LEA) regulations as
found in Section 214.11(f)(1) of Chapter 8 of the Code of Federal
Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914. The LEA endorsement must be filled out completely in
accordance with the instructions contained on the form and must
attach the results of any name or database inquiry performed. In
order to provide persuasive evidence, the LEA endorsement must
contain a description of the victimization upon which the application
is based, including the dates the trafficking in persons and
victimization occurred, and be signed by a supervising official
responsible for the investigation or prosecution of trafficking in
persons. The LEA endorsement must address whether the victim had been
recruited, harbored, transported, provided, or obtained specifically
for either labor or services, or for the purposes of a commercial
*** act.
(c) Where state law enforcement agencies find the grant of a LEA
endorsement to be inappropriate for a victim of trafficking in
persons, the agency shall within 15 days provide the victim with a
letter explaining the grounds of the denial of the LEA. The victim
may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt
of additional evidence.



237. (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment in the state prison.
(b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.

[هيثم الفقى]

240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.



241. (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer,
firefighter, emergency medical technician, mobile intensive care
paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care, the assault is punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
(d) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) "Lifeguard" means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section 22350 of
the Business and Professions Code.
(7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
(8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 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, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, 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
Mobilehomes-Manufactured Housing Act (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).
(10) "Parking control officer" means any person employed by a
city, county, or city and county, to monitor and enforce state laws
and local ordinances relating to parking.



241.1. When an assault is committed against the person of a
custodial officer as defined in Section 831 or 831.5, and the person
committing the offense knows or reasonably should know that such
victim is such a custodial officer engaged in the performance of his
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment in the state prison.




241.2. (a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved
of attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school, technical school, or community college.
(c) "Park," as used in this section, means any publicly maintained
or operated park. It does not include any facility when used for
professional sports or commercial events.



241.3. (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed two
thousand dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.



241.4. An assault is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or by both. When the assault is committed against the
person of a peace officer engaged in the performance of his or her
duties as a member of a police department of a school district
pursuant to Section 38000 of the Education Code, and the person
committing the offense knows or reasonably should know that the
victim is a peace officer engaged in the performance of his or her
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment in the state prison.




241.6. When an assault is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know the
victim is a school employee, the assault 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 the fine and
imprisonment.
For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.



241.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial, commits
an assault against any juror or alternate juror who was selected and
sworn in that legal action, shall be punished by a fine not to
exceed two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both such fine and
imprisonment, or by imprisonment in the state prison.



241.8. (a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the assault, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.



242. A battery is any willful and unlawful use of force or violence
upon the person of another.



243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, including
when the peace officer is in a police uniform and is concurrently
performing the duties required of him or her as a peace officer while
also employed in a private capacity as a part-time or casual private
security guard or patrolman, or a nonsworn employee of a probation
department engaged in the performance of his or her duties, whether
on or off duty, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other health
care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer, custodial
officer, firefighter, emergency medical technician, lifeguard,
process server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties,
nonsworn employee of a probation department, or a physician or nurse
engaged in rendering emergency medical care, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a physician or
nurse engaged in rendering emergency medical care, and an injury is
inflicted on that victim, the battery is punishable by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
or by imprisonment in the state prison for 16 months, or two or three
years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or in the state prison for 16
months, or two or three years, or by both that fine and
imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for two, three, or four years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the
execution or imposition of the sentence is suspended, it shall be a
condition thereof that the defendant participate in, for no less than
one year, and successfully complete, a batterer's treatment program,
as defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a county,
or a city and county to provide a new program or higher level of
service as contemplated by Section 6 of Article XIIIB of the
California Constitution.
(2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
(3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
(4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
(5) "Injury" means any physical injury which requires professional
medical treatment.
(6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
(8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
(9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or ***ual
involvement independent of financial considerations.
(11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 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, and whose duties include
enforcement of any statute, rules, regulations, or standards, 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
Mobilehomes-Manufactured Housing Act (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).
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.



243.1. When a battery is committed against the person of a
custodial officer as defined in Section 831 of the Penal Code, and
the person committing the offense knows or reasonably should know
that the victim is a custodial officer engaged in the performance of
his or her duties, and the custodial officer is engaged in the
performance of his or her duties, the offense shall be punished by
imprisonment in the state prison.



243.2. (a) (1) Except as otherwise provided in Section 243.6, when
a battery is committed on school property, park property, or the
grounds of a public or private hospital, against any person, the
battery is punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in the county jail not exceeding one
year, or by both the fine and imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved
of attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Hospital" means a facility for the diagnosis, care, and
treatment of human illness that is subject to, or specifically
exempted from, the licensure requirements of Chapter 2 (commencing
with Section 1250) of Division 2 of the Health and Safety Code.
(2) "Park" means any publicly maintained or operated park. It
does not include any facility when used for professional sports or
commercial events.
(3) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any branch
thereof, opportunity school, continuation high school, regional
occupational center, evening high school, technical school, or
community college.
(c) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.



243.25. When a battery is committed against the person of an elder
or a dependent adult as defined in Section 368, with knowledge that
he or she is an elder or a dependent adult, the offense shall be
punishable by a fine not to exceed two thousand dollars ($2,000), or
by imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.



243.3. When a battery is committed against the person of an
operator, driver, or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in the
air, used for the transportation of persons for hire, or against a
schoolbus driver, or against the person of a station agent or ticket
agent for the entity providing the transportation, and the person who
commits the offense knows or reasonably should know that the victim,
in the case of an operator, driver, or agent, is engaged in the
performance of his or her duties, or is a passenger the offense shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. If an injury is inflicted on that
victim, the offense shall be punished by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two or
three years, or by both that fine and imprisonment.




243.35. (a) Except as provided in Section 243.3, when a battery is
committed against any person on the property of, or in a motor
vehicle of, a public transportation provider, the offense shall be
punished by a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both the
fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.


243.4. (a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the touching is against the will of the person
touched and is for the purpose of ***ual arousal, ***ual
gratification, or ***ual abuse, is guilty of ***ual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who
is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of
***ual arousal, ***ual gratification, or ***ual abuse, is guilty of
***ual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a
fine not exceeding two thousand dollars ($2,000); or by imprisonment
in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for
the purpose of ***ual arousal, ***ual gratification, or ***ual abuse,
and the victim is at the time unconscious of the nature of the act
because the perpetrator fraudulently represented that the touching
served a professional purpose, is guilty of ***ual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(d) Any person who, for the purpose of ***ual arousal, ***ual
gratification, or ***ual abuse, causes another, against that person's
will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to
masturbate or touch an intimate part of either of those persons or a
third person, is guilty of ***ual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars
($10,000).
(e) (1) Any person who touches an intimate part of another person,
if the touching is against the will of the person touched, and is
for the specific purpose of ***ual arousal, ***ual gratification, or
***ual abuse, is guilty of misdemeanor ***ual battery, punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment. However, if the defendant was an
employer and the victim was an employee of the defendant, the
misdemeanor ***ual battery shall be punishable by a fine not
exceeding three thousand dollars ($3,000), by imprisonment in a
county jail not exceeding six months, or by both that fine and
imprisonment. Notwithstanding any other provision of law, any amount
of a fine above two thousand dollars ($2,000) which is collected
from a defendant for a violation of this subdivision shall be
transmitted to the State Treasury and, upon appropriation by the
Legislature, distributed to the Department of Fair Employment and
Housing for the purpose of enforcement of the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), including, but not
limited to, laws that proscribe ***ual harassment in places of
employment. However, in no event shall an amount over two thousand
dollars ($2,000) be transmitted to the State Treasury until all
fines, including any restitution fines that may have been imposed
upon the defendant, have been paid in full.
(2) As used in this subdivision, "touches" means physical contact
with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the
clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), "touches"
means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person
committing the offense.
(g) As used in this section, the following terms have the
following meanings:
(1) "Intimate part" means the ***ual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) "***ual battery" does not include the crimes defined in
Section 261 or 289.
(3) "Seriously disabled" means a person with severe physical or
sensory disabilities.
(4) "Medically incapacitated" means a person who is incapacitated
as a result of prescribed sedatives, anesthesia, or other medication.

(5) "Institutionalized" means a person who is located voluntarily
or involuntarily in a hospital, medical treatment facility, nursing
home, acute care facility, or mental hospital.
(6) "Minor" means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course of
conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the victim
was an employee of the defendant shall be a factor in aggravation in
sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c),
or (d) against a minor when the person has a prior felony conviction
for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or
four years and a fine not exceeding ten thousand dollars ($10,000).



243.5. (a) When a person commits an assault or battery on school
property during hours when school activities are being conducted, a
peace officer may, without a warrant, notwithstanding paragraph (2)
or (3) of subdivision (a) of Section 836, arrest the person who
commits the assault or battery:
(1) Whenever the person has committed the assault or battery,
although not in the peace officer's presence.
(2) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
whether or not it has in fact been committed.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school, technical school, or community college.



243.6. When a battery is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know that
the victim is a school employee, the battery 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 the fine and
imprisonment. However, if an injury is inflicted on the victim, the
battery shall be punishable by imprisonment in a county jail for not
more than one year, or by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in the state prison for 16
months, or two or three years.
For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.



243.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial commits
a battery against any juror or alternate juror who was selected and
sworn in that legal action shall be punished by a fine not to exceed
five thousand dollars ($5,000), or by imprisonment in the county
jail not exceeding one year, or by both such fine and imprisonment,
or by the imprisonment in the state prison for 16 months, or for two
or three years.


243.8. (a) When a battery is committed against a sports official
immediately prior to, during, or immediately following an
interscholastic, intercollegiate, or any other organized amateur or
professional athletic contest in which the sports official is
participating, and the person who commits the offense knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, the offense shall be punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(b) For purposes of this section, "sports official" means any
individual who serves as a referee, umpire, linesman, or who serves
in a similar capacity but may be known by a different title or name
and is duly registered by, or a member of, a local, state, regional,
or national organization engaged in part in providing education and
training to sports officials.



243.83. (a) It is unlawful for any person attending a professional
sporting event to do any of the following:
(1) Throw any object on or across the court or field of play with
the intent to interfere with play or distract a player.
(2) Enter upon the court or field of play without permission from
an authorized person any time after the authorized participants of
play have entered the court or field to begin the sporting event and
until the participants of play have completed the playing time of the
sporting event.
(b) (1) The owner of the facility in which a professional sporting
event is to be held shall provide a notice specifying the unlawful
activity prohibited by this section and the punishment for engaging
in that prohibited activity.
(2) The notice shall be prominently displayed throughout the
facility or may be provided by some other manner, such as on a big
screen or by a general public announcement. In addition, notice
shall be posted at all controlled entry areas of the sporting
facility.
(3) Failure to provide the notice shall not be a defense to a
violation of this section.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Player" includes any authorized participant of play,
including, but not limited to, team members, referees however
designated, and support staff, whether or not any of those persons
receive compensation.
(2) "Professional sporting event" means a scheduled sporting event
involving a professional sports team or organization or a
professional athlete for which an admission fee is charged to the
public.
(d) A violation of subdivision (a) is an infraction punishable by
a fine not exceeding two hundred fifty dollars ($250). The fine
shall not be subject to penalty assessments as provided in Section
1464 or 1465.7 of this code or Section 76000 of the Government Code.

(e) This section shall apply to attendees at professional sporting
events; this section shall not apply to players or to sports
officials, as defined in Section 243.8.
(f) Nothing in this section shall be construed to limit or prevent
prosecution under any applicable provision of law.



243.9. (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
(c) The person in charge of the local detention facility shall use
every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If
there is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the local detention
facility, or his or her designee, may, when he or she deems it
medically necessary to protect the health of an officer or employee
who may have been subject to a violation of this section, order the
inmate to receive an examination or test for hepatitis or
tuberculosis or both hepatitis and tuberculosis on either a voluntary
or involuntary basis immediately after the event, and periodically
thereafter as determined to be necessary by the medical officer in
order to ensure that further hepatitis or tuberculosis transmission
does not occur. These decisions shall be consistent with an
occupational exposure as defined by the Center for Disease Control
and Prevention. The results of any examination or test shall be
provided to the officer or employee who has been subject to a
reported or suspected violation of this section. Nothing in this
subdivision shall be construed to otherwise supersede the operation
of Title 8 (commencing with Section 7500). Any person performing
tests, transmitting test results, or disclosing information pursuant
to this section shall be immune from civil liability for any action
taken in accordance with this section.
(d) The person in charge of the local detention facility shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
(e) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.



243.10. (a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the battery, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.



244. Any person who willfully and maliciously places or throws, or
causes to be placed or thrown, upon the person of another, any
vitriol, corrosive acid, flammable substance, or caustic chemical of
any nature, with the intent to injure the flesh or disfigure the body
of that person, is punishable by imprisonment in the state prison
for two, three or four years.
As used in this section, "flammable substance" means gasoline,
petroleum products, or flammable liquids with a flashpoint of 150
degrees Fahrenheit or less.



244.5. (a) As used in this section, "stun gun" means any item,
except a taser, used or intended to be used as either an offensive or
defensive weapon that is capable of temporarily immobilizing a
person by the infliction of an electrical charge.
(b) Every person who commits an assault upon the person of another
with a stun gun or taser shall be punished by imprisonment in a
county jail for a term not exceeding one year, or by imprisonment in
the state prison for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or taser, who knows or
reasonably should know that the person is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the county jail for
a term not exceeding one year, or by imprisonment in the state
prison for two, three, or four years.
(d) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.




245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in Section
12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.

(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Section 12028.
(f) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.



245.1. As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman"
or "firefighter" includes any person who is an officer, employee or
member of a fire department or fire protection or firefighting agency
of the federal government, the State of California, a city, county,
city and county, district, or other public or municipal corporation
or political subdivision of this state, whether this person is a
volunteer or partly paid or fully paid.
As used in Section 148.2, "emergency rescue personnel" means any
person who is an officer, employee or member of a fire department or
fire protection or firefighting agency of the federal government, the
State of California, a city, county, city and county, district, or
other public or municipal corporation or political subdivision of
this state, whether this person is a volunteer or partly paid or
fully paid, while he or she is actually engaged in the on-the-site
rescue of persons or property during an emergency as defined by
subdivision (c) of Section 148.3.



245.2. Every person who commits an assault with a deadly weapon or
instrument or by any means of force likely to produce great bodily
injury upon the person of an operator, driver, or passenger on a bus,
taxicab, streetcar, cable car, trackless trolley, or other motor
vehicle, including a vehicle operated on stationary rails or on a
track or rail suspended in the air, used for the transportation of
persons for hire, or upon the person of a station agent or ticket
agent for the entity providing such transportation, when the driver,
operator, or agent is engaged in the performance of his or her
duties, and where the person who commits the assault knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.



245.3. Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a custodial officer as defined in Section 831 or
831.5, and who knows or reasonably should know that such victim is
such a custodial officer engaged in the performance of his duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such weapon
or instrument is owned by such person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Section 12028.


245.5. (a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee, and
who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or reasonably
should know that the person is a school employee engaged in the
performance of his or her duties, when the school employee is engaged
in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or by
imprisonment in the state prison for two, three, or four years.
This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
(d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.



245.6. (a) It shall be unlawful to engage in hazing, as defined in
this section.
(b) "Hazing" means any method of initiation or preinitiation into
a student organization or student body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury to any
former, current, or prospective student of any school, community
college, college, university, or other educational institution in
this state. The term "hazing" does not include customary athletic
events or school-sanctioned events.
(c) A violation of this section that does not result in serious
bodily injury is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both.
(d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment in the state
prison.
(e) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing.
(f) Prosecution under this section shall not prohibit prosecution
under any other provision of law.


246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.
As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.



246.1. (a) Except as provided in subdivision (f), upon the
conviction of any person found guilty of murder in the first or
second degree, manslaughter, attempted murder, assault with a deadly
weapon, the unlawful discharge or brandishing of a firearm from or at
an occupied vehicle where the victim was killed, attacked, or
assaulted from or in a motor vehicle by the use of a firearm on a
public street or highway, or the unlawful possession of a firearm by
a member of a criminal street gang, as defined in subdivision (f) of
Section 186.22, while present in a vehicle the court shall order a
vehicle used in the commission of that offense sold.
Any vehicle ordered to be sold pursuant to this subdivision shall
be surrendered to the sheriff of the county or the chief of police of
the city in which the violation occurred. The officer to whom the
vehicle is surrendered shall promptly ascertain from the Department
of Motor Vehicles the names and addresses of all legal and registered
owners of the vehicle and within five days of receiving that
information, shall send by certified mail a notice to all legal and
registered owners of the vehicle other than the defendant, at the
addresses obtained from the department, informing them that the
vehicle has been declared a nuisance and will be sold or otherwise
disposed of pursuant to this section, and of the approximate date and
location of the sale or other disposition. The notice shall also
inform any legal owner of its right to conduct the sale pursuant to
subdivision (b).
(b) Any legal owner which in the regular course of its business
conducts sales of repossessed or surrendered motor vehicles may take
possession and conduct the sale of the vehicle if it notifies the
officer to whom the vehicle is surrendered of its intent to conduct
the sale within 15 days of the mailing of the notice pursuant to
subdivision (a). Sale of the vehicle pursuant to this subdivision
may be conducted at the time, in the manner, and on the notice
usually given by the legal owner for the sale of repossessed or
surrendered vehicles. The proceeds of any sale conducted by the
legal owner shall be disposed of as provided in subdivision (d).
(c) If the legal owner does not notify the officer to whom the
vehicle is surrendered of its intent to conduct the sale as provided
in subdivision (b), the officer shall offer the vehicle for sale at
public auction within 60 days of receiving the vehicle. At least 10
days but not more than 20 days prior to the sale, not counting the
day of sale, the officer shall give notice of the sale by advertising
once in a newspaper of general circulation published in the city or
county, as the case may be, in which the vehicle is located, which
notice shall contain a description of the make, year, model,
identification number, and license number of the vehicle, and the
date, time, and location of the sale. For motorcycles, the engine
number shall also be included. If there is no newspaper of general
circulation published in the county, notice shall be given by posting
a notice of sale containing the information required by this
subdivision in three of the most public places in the city or county
in which the vehicle is located and at the place where the vehicle is
to be sold for 10 consecutive days prior to and including the day of
the sale.
(d) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable proof
of its interest, and unless it does so on request is not entitled to
distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent of
his or her provable interest.
(5) The balance, if any, to the city or county in which the
violation occurred, to be deposited in a special account in its
general fund to be used exclusively to pay the costs or a part of the
costs of providing services or education to prevent juvenile
violence.
The person conducting the sale shall disburse the proceeds of the
sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to or
claiming a share of the proceeds, within 15 days after the sale is
conducted.
(e) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the vehicle
shall be destroyed or donated to an eleemosynary institution.
(f) No vehicle may be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than the
defendant and the vehicle is the only vehicle available to the
defendant's immediate family which may be operated on the highway
with a class 3 or class 4 driver's license.
(g) A vehicle is used in the commission of a violation of the
offenses enumerated in subdivision (a) if a firearm is discharged
either from the vehicle at another person or by an occupant of a
vehicle other than the vehicle in which the victim is an occupant.




246.3. (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
(b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
(c) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.


247. (a) Any person who willfully and maliciously discharges a
firearm at an unoccupied aircraft is guilty of a felony.
(b) Any person who discharges a firearm at an unoccupied motor
vehicle or an uninhabited building or dwelling house is guilty of a
public offense punishable by imprisonment in the county jail for not
more than one year or in the state prison. This subdivision does not
apply to shooting at an abandoned vehicle, unoccupied vehicle,
uninhabited building, or dwelling house with the permission of the
owner.
As used in this section and Section 246 "aircraft" means any
contrivance intended for and capable of transporting persons through
the airspace.



247.5. Any person who willfully and maliciously discharges a laser
at an aircraft, whether in motion or in flight, while occupied, is
guilty of a violation of this section, which shall be punishable as
either a misdemeanor by imprisonment in the county jail for not more
than one year or by a fine of one thousand dollars ($1,000), or a
felony by imprisonment in the state prison for 16 months, two years,
or three years, or by a fine of two thousand dollars ($2,000). This
section does not apply to the conduct of laser development activity
by or on behalf of the United States Armed Forces.
As used in this section, "aircraft" means any contrivance intended
for and capable of transporting persons through the airspace.
As used in this section, "laser" means a device that utilizes the
natural oscillations of atoms or molecules between energy levels for
generating coherent electromagnetic radiation in the ultraviolet,
visible, or infrared region of the spectrum, and when discharged
exceeds one milliwatt continuous wave.




248. Any person who, with the intent to interfere with the
operation of an aircraft, willfully shines a light or other bright
device, of an intensity capable of impairing the operation of an
aircraft, at an aircraft, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.

[هيثم الفقى]

ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD
MORALS
RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND
SEDUCTION
261. (a) Rape is an act of ***ual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
consent.
(2) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
(4) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the ***ual penetration served a
professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person
committing the act is the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief.
(6) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
"threatening to retaliate" means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(7) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, "menace" means any threat,
declaration, or act which shows an intention to inflict an injury
upon another.



261.5. (a) Unlawful ***ual intercourse is an act of ***ual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful ***ual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful ***ual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of
unlawful ***ual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of ***ual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful ***ual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful ***ual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful ***ual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful ***ual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section 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 subdivision.



261.6. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, "consent" shall be defined to mean
positive cooperation in act or attitude pursuant to an exercise of
free will. The person must act freely and voluntarily and have
knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be
sufficient to constitute consent where consent is at issue in a
prosecution under Section 261, 262, 286, 288a, or 289.
Nothing in this section shall affect the admissibility of evidence
or the burden of proof on the issue of consent.



261.7. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, evidence that the victim suggested,
requested, or otherwise communicated to the defendant that the
defendant use a condom or other birth control device, without
additional evidence of consent, is not sufficient to constitute
consent.



262. (a) Rape of a person who is the spouse of the perpetrator is
an act of ***ual intercourse accomplished under any of the following
circumstances:
(1) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(2) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known, by the
accused.
(3) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(4) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
"threatening to retaliate" means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(5) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in apprising
the existence of duress.
(c) As used in this section, "menace" means any threat,
declaration, or act that shows an intention to inflict an injury upon
another.
(d) If probation is granted upon conviction of a violation of this
section, the conditions of probation may include, in lieu of a fine,
one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.



263. The essential guilt of rape consists in the outrage to the
person and feelings of the victim of the rape. Any ***ual
penetration, however slight, is sufficient to complete the crime.



264. (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
(b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 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 subdivision.



264.1. The provisions of Section 264 notwithstanding, in any case
in which the defendant, voluntarily acting in concert with another
person, by force or violence and against the will of the victim,
committed an act described in Section 261, 262, or 289, either
personally or by aiding and abetting the other person, that fact
shall be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.


264.2. (a) Whenever there is an alleged violation or violations of
subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
286, 288a, or 289, the law enforcement officer assigned to the case
shall immediately provide the victim of the crime with the "Victims
of Domestic Violence" card, as specified in subparagraph (G) of
paragraph (9) of subdivision (c) of Section 13701.
(b) (1) The law enforcement officer, or his or her agency, shall
immediately notify the local rape victim counseling center, whenever
a victim of an alleged violation of Section 261, 261.5, 262, 286,
288a, or 289 is transported to a hospital for any medical evidentiary
or physical examination. The victim shall have the right to have a
***ual assault counselor, as defined in Section 1035.2 of the
Evidence Code, and a support person of the victim's choosing present
at any medical evidentiary or physical examination.
(2) Prior to the commencement of any initial medical evidentiary
or physical examination arising out of a ***ual assault, a victim
shall be notified orally or in writing by the medical provider that
the victim has the right to have present a ***ual assault counselor
and at least one other support person of the victim's choosing.
(3) The hospital may verify with the law enforcement officer, or
his or her agency, whether the local rape victim counseling center
has been notified, upon the approval of the victim.
(4) A support person may be excluded from a medical evidentiary or
physical examination if the law enforcement officer or medical
provider determines that the presence of that individual would be
detrimental to the purpose of the examination.




265. Every person who takes any woman unlawfully, against her will,
and by force, menace or duress, compels her to marry him, or to
marry any other person, or to be defiled, is punishable by
imprisonment in the state prison.


266. Every person who inveigles or entices any unmarried female, of
previous chaste character, under the age of 18 years, into any
house of ill fame, or of assignation, or elsewhere, for the purpose
of prostitution, or to have illicit carnal connection with any man;
and every person who aids or assists in such inveiglement or
enticement; and every person who, by any false pretenses, false
representation, or other fraudulent means, procures any female to
have illicit carnal connection with any man, is punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both such fine and imprisonment.



266a. Every person who, within this state, takes any person against
his or her will and without his or her consent, or with his or her
consent procured by fraudulent inducement or misrepresentation, for
the purpose of prostitution, as defined in subdivision (b) of Section
647, is punishable by imprisonment in the state prison, and a fine
not exceeding two thousand dollars ($2,000).



266b. Every person who takes any other person unlawfully, and
against his or her will, and by force, menace, or duress, compels him
or her to live with such person in an illicit relation, against his
or her consent, or to so live with any other person, is punishable by
imprisonment in the state prison.



266c. Every person who induces any other person to engage in ***ual
intercourse, ***ual penetration, oral copulation, or sodomy when his
or her consent is procured by false or fraudulent representation or
pretense that is made with the intent to create fear, and which does
induce fear, and that would cause a reasonable person in like
circumstances to act contrary to the person's free will, and does
cause the victim to so act, is punishable by imprisonment in a
county jail for not more than one year or in the state prison for
two, three, or four years.
As used in this section, "fear" means the fear of physical injury
or death to the person or to any relative of the person or member of
the person's family.



266d. Any person who receives any money or other valuable thing for
or on account of placing in custody any other person for the purpose
of causing the other person to cohabit with any person to whom the
other person is not married, is guilty of a felony.



266e. Every person who purchases, or pays any money or other
valuable thing for, any person for the purpose of prostitution as
defined in subdivision (b) of Section 647, or for the purpose of
placing such person, for immoral purposes, in any house or place
against his or her will, is guilty of a felony.



266f. Every person who sells any person or receives any money or
other valuable thing for or on account of his or her placing in
custody, for immoral purposes, any person, whether with or without
his or her consent, is guilty of a felony.




266g. Every man who, by force, intimidation, threats, persuasion,
promises, or any other means, places or leaves, or procures any other
person or persons to place or leave, his wife in a house of
prostitution, or connives at or consents to, or permits, the placing
or leaving of his wife in a house of prostitution, or allows or
permits her to remain therein, is guilty of a felony and punishable
by imprisonment in the state prison for two, three or four years; and
in all prosecutions under this section a wife is a competent witness
against her husband.


266h. (a) Except as provided in subdivision (b), any person who,
knowing another person is a prostitute, lives or derives support or
maintenance in whole or in part from the earnings or proceeds of the
person's prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a house or
other place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the person, is
guilty of pimping, a felony, and shall be punishable by imprisonment
in the state prison for three, four, or six years.
(b) Any person who, knowing another person is a prostitute, lives
or derives support or maintenance in whole or in part from the
earnings or proceeds of the person's prostitution, or from money
loaned or advanced to or charged against that person by any keeper or
manager or inmate of a house or other place where prostitution is
practiced or allowed, or who solicits or receives compensation for
soliciting for the person, when the prostitute is a minor, is guilty
of pimping a minor, a felony, and shall be punishable as follows:
(1) If the person engaged in prostitution is a minor over the age
of 16 years, the offense is punishable by imprisonment in the state
prison for three, four, or six years.
(2) If the person engaged in prostitution is under 16 years of
age, the offense is punishable by imprisonment in the state prison
for three, six, or eight years.



266i. (a) Except as provided in subdivision (b), any person who
does any of the following is guilty of pandering, a felony, and shall
be punishable by imprisonment in the state prison for three, four,
or six years:
(1) Procures another person for the purpose of prostitution.
(2) By promises, threats, violence, or by any device or scheme,
causes, induces, persuades or encourages another person to become a
prostitute.
(3) Procures for another person a place as an inmate in a house of
prostitution or as an inmate of any place in which prostitution is
encouraged or allowed within this state.
(4) By promises, threats, violence or by any device or scheme,
causes, induces, persuades or encourages an inmate of a house of
prostitution, or any other place in which prostitution is encouraged
or allowed, to remain therein as an inmate.
(5) By fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, procures another
person for the purpose of prostitution, or to enter any place in
which prostitution is encouraged or allowed within this state, or to
come into this state or leave this state for the purpose of
prostitution.
(6) Receives or gives, or agrees to receive or give, any money or
thing of value for procuring, or attempting to procure, another
person for the purpose of prostitution, or to come into this state or
leave this state for the purpose of prostitution.
(b) Any person who does any of the acts described in subdivision
(a) with another person who is a minor is guilty of pandering, a
felony, and shall be punishable as follows:
(1) If the other person is a minor over the age of 16 years, the
offense is punishable by imprisonment in the state prison for three,
four, or six years.
(2) If the other person is under 16 years of age, the offense is
punishable by imprisonment in the state prison for three, six, or
eight years.



266j. Any person who intentionally gives, transports, provides, or
makes available, or who offers to give, transport, provide, or make
available to another person, a child under the age of 16 for the
purpose of any lewd or lascivious act as defined in Section 288, or
who causes, induces, or persuades a child under the age of 16 to
engage in such an act with another person, is guilty of a felony and
shall be imprisoned in the state prison for a term of three, six, or
eight years, and by a fine not to exceed fifteen thousand dollars
($15,000).


266k. (a) Upon the conviction of any person for a violation of
Section 266h, 266i, or 266j, the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed five thousand dollars ($5,000). In setting the
amount of the fine, the court shall consider any relevant factors
including, but not limited to, the seriousness and gravity of the
offense and the circumstances of its commission, whether the
defendant derived any economic gain as the result of the crime, and
the extent to which the victim suffered losses as a result of the
crime. Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child ***ual exploitation and child ***ual
abuse victim counseling centers and prevention programs under Section
13837.
(b) If the court orders a fine to be imposed pursuant to this
section, 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.



267. Every person who takes away any other person under the age of
18 years from the father, mother, guardian, or other person having
the legal charge of the other person, without their consent, for the
purpose of prostitution, is punishable by imprisonment in the state
prison, and a fine not exceeding two thousand dollars ($2,000).




269. (a) Any person who commits any of the following acts upon a
child who is under 14 years of age and seven or more years younger
than the person is guilty of aggravated ***ual assault of a child:
(1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
(2) Rape or ***ual penetration, in concert, in violation of
Section 264.1.
(3) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
(4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
(5) ***ual penetration, in violation of subdivision (a) of Section
289.
(b) Any person who violates this section is guilty of a felony and
shall be punished by imprisonment in the state prison for 15 years
to life.
(c) 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.

[هيثم الفقى]

270. If a parent of a minor child willfully omits, without lawful
excuse, to furnish necessary clothing, food, shelter or medical
attendance, or other remedial care for his or her child, he or she is
guilty of a misdemeanor punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county jail not
exceeding one year, or by both such fine and imprisonment. If a
court of competent jurisdiction has made a final adjudication in
either a civil or a criminal action that a person is the parent of a
minor child and the person has notice of such adjudication and he or
she then willfully omits, without lawful excuse, to furnish necessary
clothing, food, shelter, medical attendance or other remedial care
for his or her child, this conduct is punishable by imprisonment in
the county jail not exceeding one year or in a state prison for a
determinate term of one year and one day, or by a fine not exceeding
two thousand dollars ($2,000), or by both such fine and imprisonment.
This statute shall not be construed so as to relieve such parent
from the criminal liability defined herein for such omission merely
because the other parent of such child is legally entitled to the
custody of such child nor because the other parent of such child or
any other person or organization voluntarily or involuntarily
furnishes such necessary food, clothing, shelter or medical
attendance or other remedial care for such child or undertakes to do
so.
Proof of abandonment or desertion of a child by such parent, or
the omission by such parent to furnish necessary food, clothing,
shelter or medical attendance or other remedial care for his or her
child is prima facie evidence that such abandonment or desertion or
omission to furnish necessary food, clothing, shelter or medical
attendance or other remedial care is willful and without lawful
excuse.
The court, in determining the ability of the parent to support his
or her child, shall consider all income, including social insurance
benefits and gifts.
The provisions of this section are applicable whether the parents
of such child are or were ever married or divorced, and regardless of
any decree made in any divorce action relative to alimony or to the
support of the child. A child conceived but not yet born is to be
deemed an existing person insofar as this section is concerned.
The husband of a woman who bears a child as a result of artificial
insemination shall be considered the father of that child for the
purpose of this section, if he consented in writing to the artificial
insemination.
If a parent provides a minor with treatment by spiritual means
through prayer alone in accordance with the tenets and practices of a
recognized church or religious denomination, by a duly accredited
practitioner thereof, such treatment shall constitute "other remedial
care", as used in this section.



270.5. (a) Every parent who refuses, without lawful excuse, to
accept his or her minor child into the parent's home, or, failing to
do so, to provide alternative shelter, upon being requested to do so
by a child protective agency and after being informed of the duty
imposed by this statute to do so, is guilty of a misdemeanor and
shall be punished by a fine of not more than five hundred dollars
($500).
(b) For purposes of this section, "child protective agency" means
a police or sheriff's department, a county probation department, or a
county welfare department.
(c) For purposes of this section, "lawful excuse" shall include,
but not be limited to, a reasonable fear that the minor child's
presence in the home will endanger the safety of the parent or other
persons residing in the home.



270.6. If a court of competent jurisdiction has made a temporary or
permanent order awarding spousal support that a person must pay, the
person has notice of that order, and he or she then leaves the
state with the intent to willfully omit, without lawful excuse, to
furnish the spousal support, he or she is punishable by imprisonment
in a county jail for a period not exceeding one year, a fine not
exceeding two thousand dollars ($2,000), or both that imprisonment
and fine.



270a. Every individual who has sufficient ability to provide for
his or her spouse's support, or who is able to earn the means of such
spouse's support, who willfully abandons and leaves his or her
spouse in a destitute condition, or who refuses or neglects to
provide such spouse with necessary food, clothing, shelter, or
medical attendance, unless by such spouse's conduct the individual
was justified in abandoning such spouse, is guilty of a misdemeanor.



270b. After arrest and before plea or trial, or after conviction or
plea of guilty and before sentence under either Section 270 or 270a,
if the defendant shall appear before the court and enter into an
undertaking with sufficient sureties to the people of the State of
California in such penal sum as the court may fix, to be approved by
the court, and conditioned that the defendant will pay to the person
having custody of such child or to such spouse, such sum per month as
may be fixed by the court in order to thereby provide such minor
child or such spouse as the case may be, with necessary food,
shelter, clothing, medical attendance, or other remedial care, then
the court may suspend proceedings or sentence therein; and such
undertaking is valid and binding for two years, or such lesser time
which the court shall fix; and upon the failure of defendant to
comply with such undertaking, the defendant may be ordered to appear
before the court and show cause why further proceedings should not be
had in such action or why sentence should not be imposed, whereupon
the court may proceed with such action, or pass sentence, or for good
cause shown may modify the order and take a new undertaking and
further suspend proceedings or sentence for a like period.



270c. Except as provided in Chapter 2 (commencing with Section
4410) of Part 4 of Division 9 of the Family Code, every adult child
who, having the ability so to do, fails to provide necessary food,
clothing, shelter, or medical attendance for an indigent parent, is
guilty of a misdemeanor.



270d. In any case where there is a conviction and sentence under
the provisions of either Section 270 or 270a, should a fine be
imposed, such fine shall be directed by the court to be paid in whole
or in part to the spouse of the defendant or guardian or custodian
of the child or children of such defendant, except as follows:
If the children are receiving public assistance, all fines,
penalties or forfeitures imposed and all funds collected from the
defendant shall be paid to the county department. Money so paid
shall be applied first to support for the calendar month following
its receipt by the county department and any balance remaining shall
be applied to future needs, or be treated as reimbursement for past
support furnished from public assistance funds.



270e. No other evidence shall be required to prove marriage of
husband and wife, or that a person is the lawful father or mother of
a child or children, than is or shall be required to prove such facts
in a civil action. In all prosecutions under either Section 270a or
270 of this code, Sections 970, 971, and 980 of the Evidence Code do
not apply, and both husband and wife shall be competent to testify to
any and all relevant matters, including the fact of marriage and the
parentage of a child or children. Proof of the abandonment and
nonsupport of a spouse, or of the omission to furnish necessary food,
clothing, shelter, or of medical attendance for a child or children
is a prima facie evidence that such abandonment and nonsupport or
omission to furnish necessary food, clothing, shelter or medical
attendance is willful. In any prosecution under Section 270, it
shall be competent for the people to prove nonaccess of husband to
wife or any other fact establishing nonpaternity of a husband. In
any prosecution pursuant to Section 270, the final establishment of
paternity or nonpaternity in another proceeding shall be admissible
as evidence of paternity or nonpaternity.



270f. Where, under the provisions of this chapter, a report is
filed by a parent of a child with the district attorney averring:
(1) That the other parent has failed to provide necessary support
and
(2) That neither the child in need of assistance nor another on
his behalf is receiving public assistance, the district attorney
shall immediately investigate the verity of such report and determine
the defaulting parent's location and financial ability to provide
the needed support, and upon a finding that the report is true shall
immediately take all steps necessary to obtain support for the child
in need of assistance.


270g. A review of each report filed with the district attorney
under Section 270f shall be made at 90-day intervals unless the
support payments have been legally terminated, the parties involved
are permanently located beyond county jurisdiction, or the defaulting
parent is complying with the provisions of this chapter.




270h. In any case where there is a conviction under either Section
270 or 270a and there is an order granting probation which includes
an order for support, the court may:
(a) Issue an execution on the order for the support payments that
accrue during the time the probation order is in effect, in the same
manner as on a judgment in a civil action for support payments. This
remedy shall apply only when there is no existing civil order of
this state or a foreign court order that has been reduced to a
judgment of this state for support of the same person or persons
included in the probation support order.
(b) Issue an earnings assignment order for support pursuant to
Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of
the Family Code as a condition of probation. This remedy shall apply
only when there is no existing civil order for support of the same
person or persons included in the probation support order upon which
an assignment order has been entered pursuant to Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the Family
Code or pursuant to former Chapter 5 (commencing with Section 4390)
of Title 1.5 of Part 5 of Division 4 of the Civil Code.
These remedies are in addition to any other remedies available to
the court.



271. Every parent of any child under the age of 14 years, and every
person to whom any such child has been confided for nurture, or
education, who deserts such child in any place whatever with intent
to abandon it, is punishable by imprisonment in the state prison or
in the county jail not exceeding one year or by fine not exceeding
one thousand dollars ($1,000) or by both.



271a. Every person who knowingly and willfully abandons, or who,
having ability so to do, fails or refuses to maintain his or her
minor child under the age of 14 years, or who falsely, knowing the
same to be false, represents to any manager, officer or agent of any
orphan asylum or charitable institution for the care of orphans, that
any child for whose admission into such asylum or institution
application has been made is an orphan, is punishable by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by fine not exceeding one thousand dollars ($1,000), or by both.



271.5. (a) No parent or other individual having lawful custody of a
minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site.
(b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
(c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
(2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (3) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.


272. (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.
(2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
(b) (1) An adult stranger who is 21 years of age or older, who
knowingly contacts or communicates with a minor who is under 14 years
of age, who knew or reasonably should have known that the minor is
under 14 years of age, for the purpose of persuading and luring, or
transporting, or attempting to persuade and lure, or transport, that
minor away from the minor's home or from any location known by the
minor's parent, legal guardian, or custodian, to be a place where the
minor is located, for any purpose, without the express consent of
the minor's parent or legal guardian, and with the intent to avoid
the consent of the minor's parent or legal guardian, is guilty of an
infraction or a misdemeanor, subject to subdivision (d) of Section
17.
(2) This subdivision shall not apply in an emergency situation.
(3) As used in this subdivision, the following terms are defined
to mean:
(A) "Emergency situation" means a situation where the minor is
threatened with imminent bodily harm, emotional harm, or
psychological harm.
(B) "Contact" or "communication" includes, but is not limited to,
the use of a telephone or the Internet, as defined in Section 17538
of the Business and Professions Code.
(C) "Stranger" means a person of casual acquaintance with whom no
substantial relationship exists, or an individual with whom a
relationship has been established or promoted for the primary purpose
of victimization, as defined in subdivision (e) of Section 6600 of
the Welfare and Institutions Code.
(D) "Express consent" means oral or written permission that is
positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
(4) This section shall not be interpreted to criminalize acts of
persons contacting minors within the scope and course of their
employment, or status as a volunteer of a recognized civic or
charitable organization.
(5) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.



273. (a) It is a misdemeanor for any person or agency to pay, offer
to pay, or to receive money or anything of value for the placement
for adoption or for the consent to an adoption of a child. This
subdivision shall not apply to any fee paid for adoption services
provided by the State Department of Social Services, a licensed
adoption agency, adoption services providers, as defined in Section
8502 of the Family Code, or an attorney providing adoption legal
services.
(b) This section shall not make it unlawful to pay or receive the
maternity-connected medical or hospital and necessary living expenses
of the mother preceding and during confinement as an act of charity,
as long as the payment is not contingent upon placement of the child
for adoption, consent to the adoption, or cooperation in the
completion of the adoption.
(c) It is a misdemeanor punishable by imprisonment in a county
jail not exceeding one year or by a fine not exceeding two thousand
five hundred dollars ($2,500) for any parent to obtain the financial
benefits set forth in subdivision (b) with the intent to receive
those financial benefits where there is an intent to do either of the
following:
(1) Not complete the adoption.
(2) Not consent to the adoption.
(d) It is a misdemeanor punishable by imprisonment in a county
jail not exceeding one year or by a fine not exceeding two thousand
five hundred dollars ($2,500) for any parent to obtain the financial
benefits set forth in subdivision (b) from two or more prospective
adopting families or persons, if either parent does both of the
following:
(1) Knowingly fails to disclose to those families or persons that
there are other prospective adopting families or persons interested
in adopting the child, with knowledge that there is an obligation to
disclose that information.
(2) Knowingly accepts the financial benefits set forth in
subdivision (b) if the aggregate amount exceeds the reasonable
maternity-connected medical or hospital and necessary living expenses
of the mother preceding and during the pregnancy.
(e) Any person who has been convicted previously of an offense
described in subdivision (c) or (d), who is separately tried and
convicted of a subsequent violation of subdivision (c) or (d), is
guilty of a public offense punishable by imprisonment in a county
jail or in the state prison.
(f) Nothing in this section shall be construed to prohibit the
prosecution of any person for a misdemeanor or felony pursuant to
Section 487 or any other provision of law in lieu of prosecution
pursuant to this section.



273a. (a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of that child to be
injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its
reasons for any waiver.



273ab. Any person who, having the care or custody of a child who is
under eight years of age, assaults the child by means of force that
to a reasonable person would be likely to produce great bodily
injury, resulting in the child's death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in
this section shall be construed as affecting the applicability of
subdivision (a) of Section 187 or Section 189.



273b. No child under the age of 16 years shall be placed in any
courtroom, or in any vehicle for transportation to any place, in
company with adults charged with or convicted of crime, except in the
presence of a proper official.


273c. All fines, penalties, and forfeitures imposed and collected
under the provisions of Sections 270, 271, 271a, 273a, and 273b, or
under the provisions of any law relating to, or affecting, children,
in every case where the prosecution is instituted or conducted by a
society incorporated under the laws of this state for the prevention
of cruelty to children, inure to such society in aid of the purposes
for which it is incorporated.



273d. (a) Any person who willfully inflicts upon a child any cruel
or inhuman corporal punishment or an injury resulting in a traumatic
condition is guilty of a felony and shall be punished by imprisonment
in the state prison for two, four, or six years, or in a county jail
for not more than one year, by a fine of up to six thousand dollars
($6,000), or by both that imprisonment and fine.
(b) Any person who is found guilty of violating subdivision (a)
shall receive a four-year enhancement for a prior conviction of that
offense provided that 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 that results in a felony conviction.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 36 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program. The defendant shall be
ordered to begin participation in the program immediately upon the
grant of probation. The counseling program shall meet the criteria
specified in Section 273.1. The defendant shall produce
documentation of program enrollment to the court within 30 days of
enrollment, along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its
reasons for any waiver.


273e. Every telephone, special delivery company or association, and
every other corporation or person engaged in the delivery of
packages, letters, notes, messages, or other matter, and every
manager, superintendent, or other agent of such person, corporation,
or association, who sends any minor in the employ or under the
control of any such person, corporation, association, or agent, to
the keeper of any house of prostitution, variety theater, or other
place of questionable repute, or to any person connected with, or any
inmate of, such house, theater, or other place, or who permits such
minor to enter such house, theater, or other place, is guilty of a
misdemeanor.



273f. Any person, whether as parent, guardian, employer, or
otherwise, and any firm or corporation, who as employer or otherwise,
shall send, direct, or cause to be sent or directed to any saloon,
gambling house, house of prostitution, or other immoral place, any
minor, is guilty of a misdemeanor.



273g. Any person who in the presence of any child indulges in any
degrading, lewd, immoral or vicious habits or practices, or who is
habitually drunk in the presence of any child in his care, custody or
control, is guilty of a misdemeanor.



273h. In all prosecutions under the provisions of either section
270, section 270a, section 270b, section 271 or section 271a, of this
code, where a conviction is had and sentence of imprisonment in the
county jail or in the city jail is imposed, the court may direct that
the person so convicted shall be compelled to work upon the public
roads or highways, or any other public work, in the county or in the
city where such conviction is had, during the term of such sentence.
And it shall be the duty of the board of supervisors of the county
where such person is imprisoned in the county jail, and of the city
council of the city where such person is imprisoned in the city jail,
where such conviction and sentence are had and where such work is
performed by a person under sentence to the county jail or to the
city jail, to allow and order the payment out of any funds available,
to the wife or to the guardian, or to the custodian of a child or
children, or to an organization, or to an individual, appointed by
the court as trustee, at the end of each calendar month, for the
support of such wife or children, a sum not to exceed two dollars for
each day's work of such person so imprisoned.




273.1. (a) Any treatment program to which a child abuser convicted
of a violation of Section 273a or 273d is referred as a condition of
probation shall meet the following criteria:
(1) Substantial expertise and experience in the treatment of
victims of child abuse and the families in which abuse and violence
have occurred.
(2) Staff providing direct service are therapists licensed to
practice in this state or are under the direct supervision of a
therapist licensed to practice in this state.
(3) Utilization of a treatment regimen designed to specifically
address the offense, including methods of preventing and breaking the
cycle of family violence, anger management, and parenting education
that focuses, among other things, on means of identifying the
developmental and emotional needs of the child.
(4) Utilization of group and individual therapy and counseling,
with groups no larger than 12 persons.
(5) Capability of identifying substance abuse and either treating
the abuse or referring the offender to a substance abuse program, to
the extent that the court has not already done so.
(6) Entry into a written agreement with the defendant that
includes an outline of the components of the program, the attendance
requirements, a requirement to attend group session free of chemical
influence, and a statement that the defendant may be removed from the
program if it is determined that the defendant is not benefiting
from the program or is disruptive to the program.
(7) The program may include, on the recommendation of the
treatment counselor, family counseling. However, no child victim
shall be compelled or required to participate in the program,
including family counseling, and no program may condition a defendant'
s enrollment on participation by the child victim. The treatment
counselor shall privately advise the child victim that his or her
participation is voluntary.
(b) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative child abuser's treatment counseling program.
(c) Upon request by the child abuser's treatment counseling
program, the court shall provide the defendant's arrest report, prior
incidents of violence, and treatment history to the program.
(d) The child abuser's treatment counseling program shall provide
the probation department and the court with periodic progress reports
at least every three months that include attendance, fee payment
history, and program compliance. The program shall submit a final
evaluation that includes the program's evaluation of the defendant's
progress, and recommendation for either successful or unsuccessful
termination of the program.
(e) The defendant shall pay for the full costs of the treatment
program, including any drug testing. However, the court may waive
any portion or all of that financial responsibility upon a finding of
an inability to pay. Upon the request of the defendant, the court
shall hold a hearing to determine the defendant's ability to pay for
the treatment program. At the hearing the court may consider all
relevant information, but shall consider the impact of the costs of
the treatment program on the defendant's ability to provide food,
clothing, and shelter for the child injured by a violation of Section
273a or 273d. If the court finds that the defendant is unable to
pay for any portion of the costs of the treatment program, its
reasons for that finding shall be stated on the record. In the event
of this finding, the program fees or a portion thereof shall be
waived.
(f) All programs accepting referrals of child abusers pursuant to
this section shall accept offenders for whom fees have been partially
or fully waived. However, the court shall require each qualifying
program to serve no more than its proportionate share of those
offenders who have been granted fee waivers, and require all
qualifying programs to share equally in the cost of serving those
offenders with fee waivers.



273.4. (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the defendant shall be punished by an
additional term of imprisonment in the state prison for one year, in
addition and consecutive to the punishment prescribed by Section
273a.
(b) "Female genital mutilation" means the excision or infibulation
of the labia majora, labia minora, clitoris, or vulva, performed for
nonmedical purposes.
(c) Nothing in this section shall preclude prosecution under
Section 203, 205, or 206 or any other provision of law.



273.5. (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
(d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
(f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
(h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
(i) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which 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. 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.



273.6. (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or Section 15657.03 of the Welfare and Institutions Code,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
(b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both that fine and imprisonment. However, if the person is
imprisoned in a county jail for at least 48 hours, the court may, in
the interest of justice and for reasons stated on the record, reduce
or eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order described in
subdivision (a).
(4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
(g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, or Section 15657.03 of the Welfare and
Institutions Code, shall be punished under the provisions of
subdivision (g) of Section 12021.
(2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with the provisions of Section 1203.097, and the
conditions of probation may include, in lieu of a fine, one or both
of the following requirements:
(1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
(i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.


273.65. (a) Any intentional and knowing violation of a protective
order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare
and Institutions Code is a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment.
(b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both the fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the
interests of justice and for reasons stated on the record, reduce or
eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) An order enjoining any party from molesting, attacking,
striking, threatening, ***ually assaulting, battering, harassing,
contacting repeatedly by mail with the intent to harass, or
disturbing the peace of the other party, or other named family and
household members.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order under
subdivision (a).
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) which results in physical injury to the same victim,
the person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interests of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
subdivisions (a), (b), (d), and (e).
(g) The court may order a person convicted under this section to
undergo counseling, and, if appropriate, to complete a batterer's
treatment program.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), or (c), the conditions of probation may
include, in lieu of a fine, one or both of the following
requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
(i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court ordered child support.



273.7. (a) Any person who maliciously publishes, disseminates, or
otherwise discloses the location of any trafficking shelter or
domestic violence shelter or any place designated as a trafficking
shelter or domestic violence shelter, without the authorization of
that trafficking shelter or domestic violence shelter, is guilty of a
misdemeanor.
(b) (1) For purposes of this section, "domestic violence shelter"
means a confidential location that provides emergency housing on a
24-hour basis for victims of ***ual assault, spousal abuse, or both,
and their families.
(2) For purposes of this section, "trafficking shelter" means a
confidential location that provides emergency housing on a 24-hour
basis for victims of human trafficking, including any person who is a
victim under Section 236.1.
(3) ***ual assault, spousal abuse, or both, include, but are not
limited to, those crimes described in Sections 240, 242, 243.4, 261,
261.5, 262, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285,
288, and 289.
(c) Nothing in this section shall apply to confidential
communications between an attorney and his or her client.



273.75. (a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic data bases enumerated in
subdivision (b), a thorough investigation of the defendant's history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any current
protective or restraining order issued by any civil or criminal
court. This information shall be presented for consideration by the
court (1) when setting bond or when releasing a defendant on his or
her own recognizance at the arraignment, if the defendant is in
custody, and (2) upon consideration of any plea agreement. In
determining bail or release upon a plea agreement, the court shall
consider the safety of the victim, the victim's children, and any
other person who may be in danger if the defendant is released.
(b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following data bases, when readily available and reasonably
accessible:
(1) The Violent Crime Information Network (VCIN).
(2) The Supervised Release File.
(3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
(4) The Federal Bureau of Investigation's nationwide data base.
(5) Locally maintained criminal history records or data bases.
However, a record or data base need not be searched if the
information available in that record or data base can be obtained as
a result of a search conducted in another record or data base.
(c) If the investigation required by this section reveals a
current civil protective or restraining order or a protective or
restraining order issued by another criminal court and involving the
same or related parties, and if a protective or restraining order is
issued in the current criminal proceeding, the district attorney or
prosecuting city attorney shall send relevant information regarding
the contents of the order issued in the current criminal proceeding,
and any information regarding a conviction of the defendant, to the
other court immediately after the order has been issued. When
requested, the information described in this subdivision may be sent
to the appropriate family, juvenile, or civil court. When requested,
and upon a showing of a compelling need, the information described
in this section may be sent to a court in another state.

[هيثم الفقى]

273.8. The Legislature hereby finds that spousal abusers present a
clear and present danger to the mental and physical well-being of the
citizens of the State of California. The Legislature further finds
that the concept of vertical prosecution, in which a specially
trained deputy district attorney, deputy city attorney, or
prosecution unit is assigned to a case after arraignment and
continuing to its completion, is a proven way of demonstrably
increasing the likelihood of convicting spousal abusers and ensuring
appropriate sentences for those offenders. In enacting this chapter,
the Legislature intends to support increased efforts by district
attorneys' and city attorneys' offices to prosecute spousal abusers
through organizational and operational techniques that have already
proven their effectiveness in selected cities and counties in this
and other states.


273.81. (a) There is hereby established in the Department of
Justice a program of financial and technical assistance for district
attorneys' or city attorneys' offices, designated the Spousal Abuser
Prosecution Program. All funds appropriated to the Department of
Justice for the purposes of this chapter shall be administered and
disbursed by the Attorney General, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The Department of Justice shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive funding
and the terms and conditions upon which the Department of Justice is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application.
(b) The Attorney General may allocate and award funds to cities or
counties, or both, in which spousal abuser prosecution units are
established or are proposed to be established in substantial
compliance with the policies and criteria set forth in this chapter.

(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney or by the city'
s attorney and approved by the county board of supervisors or by the
city council. Funds disbursed under this chapter shall not supplant
local funds that would, in the absence of the California Spousal
Abuser Prosecution Program, be made available to support the
prosecution of spousal abuser cases. Local grant awards made under
this program shall not be subject to review as specified in Section
10295 of the Public Contract Code.
(d) Local government recipients shall provide 20 percent matching
funds for every grant awarded under this program.



273.82. Spousal abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 273.83. Enhanced prosecution efforts and resources shall
include, but not be limited to, all of the following:
(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion, including
bail evaluation, preliminary hearing, significant law and motion
litigation, trial, and sentencing.
(2) Vertical counselor representation, whereby a trained domestic
violence counselor maintains liaison from initial court appearances
through the case's conclusion, including the sentencing phase.
(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. "Highly qualified" for the
purposes of this chapter means any of the following:
(1) Individuals with one year of experience in the investigation
and prosecution of felonies.
(2) Individuals with at least two years of experience in the
investigation and prosecution of misdemeanors.
(3) Individuals who have attended a program providing domestic
violence training as approved by the agency or agencies designated by
the Director of Finance pursuant to Section 13820 or the Department
of Justice.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to spousal abuser cases.
(d) Coordination with local rape victim counseling centers,
spousal abuse services programs, and victim-witness assistance
programs. That coordination shall include, but not be limited to:
referrals of individuals to receive client services; participation in
local training programs; membership and participation in local task
forces established to improve communication between criminal justice
system agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers, spousal abuse victim programs, and victim-witness
assistance programs.



273.83. (a) An individual shall be the subject of a spousal abuser
prosecution effort who is under arrest for any act or omission
described in subdivisions (a) and (b) of Section 13700.
(b) In applying the spousal abuser selection criteria set forth in
subdivision (a), a district attorney or city attorney shall not
reject cases for filing exclusively on the basis that there is a
family or personal relationship between the victim and the alleged
offender.
(c) In exercising the prosecutorial discretion granted by Section
273.85, the district attorney or city attorney shall consider the
number and seriousness of the offenses currently charged against the
defendant.


273.84. Each district attorney's or city attorney's office
establishing a spousal abuser prosecution unit and receiving state
support under this chapter shall adopt and pursue the following
policies for spousal abuser cases:
(a) All reasonable prosecutorial efforts shall be made to resist
the pretrial release of a charged defendant meeting spousal abuser
selection criteria.
(b) All reasonable prosecutorial efforts shall be made to persuade
the court to impose the most severe authorized sentence upon a
person convicted after prosecution as a spousal abuser. In the
prosecution of an intrafamily ***ual abuse case, discretion may be
exercised as to the type and nature of sentence recommended to the
court.
(c) All reasonable prosecutorial efforts shall be made to reduce
the time between arrest and disposition of charge against an
individual meeting spousal abuser criteria.



273.85. (a) The selection criteria set forth in Section 273.84
shall be adhered to for each spousal abuser case unless, in the
reasonable exercise of prosecutor's discretion, extraordinary
circumstances require departure from those policies in order to
promote the general purposes and intent of this chapter.
(b) Each district attorney's and city attorney's office
establishing a spousal abuser prosecution unit and receiving state
support under this chapter shall submit the following information, on
a quarterly basis, to the Department of Justice:
(1) The number of spousal abuser cases referred to the district
attorney's or city attorney's office for possible filing.
(2) The number of spousal abuser cases filed for prosecution.
(3) The number of spousal abuser cases taken to trial.
(4) The number of spousal abuser cases tried that resulted in
conviction.



273.86. The characterization of a defendant as a "spousal abuser"
as defined by this chapter shall not be communicated to the trier of
fact.


273.87. The Department of Justice is encouraged to utilize Federal
Victims of Crimes Act (VOCA) funds or any other federal funds that
may become available in order to implement this chapter.



273.88. Administrative costs incurred by the Department of Justice
pursuant to the Spousal Abuser Prosecution Program shall not exceed 5
percent of the total funds allocated for the program.

[هيثم الفقى]

277. The following definitions apply for the purposes of this
chapter:
(a) "Child" means a person under the age of 18 years.
(b) "Court order" or "custody order" means a custody determination
decree, judgment, or order issued by a court of competent
jurisdiction, whether permanent or temporary, initial or modified,
that affects the custody or visitation of a child, issued in the
context of a custody proceeding. An order, once made, shall continue
in effect until it expires, is modified, is rescinded, or terminates
by operation of law.
(c) "Custody proceeding" means a proceeding in which a custody
determination is an issue, including, but not limited to, an action
for dissolution or separation, dependency, guardianship, termination
of parental rights, adoption, paternity, except actions under Section
11350 or 11350.1 of the Welfare and Institutions Code, or protection
from domestic violence proceedings, including an emergency
protective order pursuant to Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.
(d) "Lawful custodian" means a person, guardian, or public agency
having a right to custody of a child.
(e) A "right to custody" means the right to the physical care,
custody, and control of a child pursuant to a custody order as
defined in subdivision (b) or, in the absence of a court order, by
operation of law, or pursuant to the Uniform Parentage Act contained
in Part 3 (commencing with Section 7600) of Division 12 of the Family
Code. Whenever a public agency takes protective custody or
jurisdiction of the care, custody, control, or conduct of a child by
statutory authority or court order, that agency is a lawful custodian
of the child and has a right to physical custody of the child. In
any subsequent placement of the child, the public agency continues to
be a lawful custodian with a right to physical custody of the child
until the public agency's right of custody is terminated by an order
of a court of competent jurisdiction or by operation of law.
(f) In the absence of a court order to the contrary, a parent
loses his or her right to custody of the child to the other parent if
the parent having the right to custody is dead, is unable or refuses
to take the custody, or has abandoned his or her family. A natural
parent whose parental rights have been terminated by court order is
no longer a lawful custodian and no longer has a right to physical
custody.
(g) "Keeps" or "withholds" means retains physical possession of a
child whether or not the child resists or objects.
(h) "Visitation" means the time for access to the child allotted
to any person by court order.
(i) "Person" includes, but is not limited to, a parent or an agent
of a parent.
(j) "Domestic violence" means domestic violence as defined in
Section 6211 of the Family Code.
(k) "Abduct" means take, entice away, keep, withhold, or conceal.



278. Every person, not having a right to custody, who maliciously
takes, entices away, keeps, withholds, or conceals any child with the
intent to detain or conceal that child from a lawful custodian shall
be punished by imprisonment in a county jail not exceeding one year,
a fine not exceeding one thousand dollars ($1,000), or both that
fine and imprisonment, or by imprisonment in the state prison for
two, three, or four years, a fine not exceeding ten thousand dollars
($10,000), or both that fine and imprisonment.



278.5. (a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court's contempt
power.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.



278.6. (a) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in aggravation, including, but
not limited to, all of the following:
(1) The child was exposed to a substantial risk of physical injury
or illness.
(2) The defendant inflicted or threatened to inflict physical harm
on a parent or lawful custodian of the child or on the child at the
time of or during the abduction.
(3) The defendant harmed or abandoned the child during the
abduction.
(4) The child was taken, enticed away, kept, withheld, or
concealed outside the United States.
(5) The child has not been returned to the lawful custodian.
(6) The defendant previously abducted or threatened to abduct the
child.
(7) The defendant substantially altered the appearance or the name
of the child.
(8) The defendant denied the child appropriate education during
the abduction.
(9) The length of the abduction.
(10) The age of the child.
(b) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in mitigation, including, but
not limited to, both of the following:
(1) The defendant returned the child unharmed and prior to arrest
or issuance of a warrant for arrest, whichever is first.
(2) The defendant provided information and assistance leading to
the child's safe return.
(c) In addition to any other penalties provided for a violation of
Section 278 or 278.5, a court shall order the defendant to pay
restitution to the district attorney for any costs incurred in
locating and returning the child as provided in Section 3134 of the
Family Code, and to the victim for those expenses and costs
reasonably incurred by, or on behalf of, the victim in locating and
recovering the child. An award made pursuant to this section shall
constitute a final judgment and shall be enforceable as such.



278.7. (a) Section 278.5 does not apply to a person with a right to
custody of a child who, with a good faith and reasonable belief that
the child, if left with the other person, will suffer immediate
bodily injury or emotional harm, takes, entices away, keeps,
withholds, or conceals that child.
(b) Section 278.5 does not apply to a person with a right to
custody of a child who has been a victim of domestic violence who,
with a good faith and reasonable belief that the child, if left with
the other person, will suffer immediate bodily injury or emotional
harm, takes, entices away, keeps, withholds, or conceals that child.
"Emotional harm" includes having a parent who has committed domestic
violence against the parent who is taking, enticing away, keeping,
withholding, or concealing the child.
(c) The person who takes, entices away, keeps, withholds, or
conceals a child shall do all of the following:
(1) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, make a report to the office of
the district attorney of the county where the child resided before
the action. The report shall include the name of the person, the
current address and telephone number of the child and the person, and
the reasons the child was taken, enticed away, kept, withheld, or
concealed.
(2) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, commence a custody proceeding in
a court of competent jurisdiction consistent with the federal
Parental Kidnapping Prevention Act (Section 1738A, Title 28, United
States Code) or the Uniform Child Custody Jurisdiction Act (Part 3
(commencing with Section 3400) of Division 8 of the Family Code).
(3) Inform the district attorney's office of any change of address
or telephone number of the person and the child.
(d) For the purposes of this article, a reasonable time within
which to make a report to the district attorney's office is at least
10 days and a reasonable time to commence a custody proceeding is at
least 30 days. This section shall not preclude a person from making
a report to the district attorney's office or commencing a custody
proceeding earlier than those specified times.
(e) The address and telephone number of the person and the child
provided pursuant to this section shall remain confidential unless
released pursuant to state law or by a court order that contains
appropriate safeguards to ensure the safety of the person and the
child.


279. A violation of Section 278 or 278.5 by a person who was not a
resident of, or present in, this state at the time of the alleged
offense is punishable in this state, whether the intent to commit the
offense is formed within or outside of this state, if any of the
following apply:
(a) The child was a resident of, or present in, this state at the
time the child was taken, enticed away, kept, withheld, or concealed.

(b) The child thereafter is found in this state.
(c) A lawful custodian or a person with a right to visitation is a
resident of this state at the time the child was taken, enticed
away, kept, withheld, or concealed.



279.1. The offenses enumerated in Sections 278 and 278.5 are
continuous in nature, and continue for as long as the minor child is
concealed or detained.


279.5. When a person is arrested for an alleged violation of
Section 278 or 278.5, the court, in setting bail, shall take into
consideration whether the child has been returned to the lawful
custodian, and if not, shall consider whether there is an increased
risk that the child may not be returned, or the defendant may flee
the jurisdiction, or, by flight or concealment, evade the authority
of the court.



279.6. (a) A law enforcement officer may take a child into
protective custody under any of the following circumstances:
(1) It reasonably appears to the officer that a person is likely
to conceal the child, flee the jurisdiction with the child, or, by
flight or concealment, evade the authority of the court.
(2) There is no lawful custodian available to take custody of the
child.
(3) There are conflicting custody orders or conflicting claims to
custody and the parties cannot agree which party should take custody
of the child.
(4) The child is an abducted child.
(b) When a law enforcement officer takes a child into protective
custody pursuant to this section, the officer shall do one of the
following:
(1) Release the child to the lawful custodian of the child, unless
it reasonably appears that the release would cause the child to be
endangered, abducted, or removed from the jurisdiction.
(2) Obtain an emergency protective order pursuant to Part 3
(commencing with Section 6240) of Division 10 of the Family Code
ordering placement of the child with an interim custodian who agrees
in writing to accept interim custody.
(3) Release the child to the social services agency responsible
for arranging shelter or foster care.
(4) Return the child as ordered by a court of competent
jurisdiction.
(c) Upon the arrest of a person for a violation of Section 278 or
278.5, a law enforcement officer shall take possession of an abducted
child who is found in the company of, or under the control of, the
arrested person and deliver the child as directed in subdivision (b).

(d) Notwithstanding any other law, when a person is arrested for
an alleged violation of Section 278 or 278.5, the court shall, at the
time of the arraignment or thereafter, order that the child shall be
returned to the lawful custodian by or on a specific date, or that
the person show cause on that date why the child has not been
returned as ordered. If conflicting custodial orders exist within
this state, or between this state and a foreign state, the court
shall set a hearing within five court days to determine which court
has jurisdiction under the laws of this state and determine which
state has subject matter jurisdiction to issue a custodial order
under the laws of this state, the Uniform Child Custody Jurisdiction
Act (Part 3 (commencing with Section 3400) of Division 8 of the
Family Code), or federal law, if applicable. At the conclusion of
the hearing, or if the child has not been returned as ordered by the
court at the time of arraignment, the court shall enter an order as
to which custody order is valid and is to be enforced. If the child
has not been returned at the conclusion of the hearing, the court
shall set a date within a reasonable time by which the child shall be
returned to the lawful custodian, and order the defendant to comply
by this date, or to show cause on that date why he or she has not
returned the child as directed. The court shall only enforce its
order, or any subsequent orders for the return of the child, under
subdivision (a) of Section 1219 of the Code of Civil Procedure, to
ensure that the child is promptly placed with the lawful custodian.
An order adverse to either the prosecution or defense is reviewable
by a writ of mandate or prohibition addressed to the appropriate
court.



280. Every person who willfully causes or permits the removal or
concealment of any child in violation of Section 8713, 8803, or 8910
of the Family Code shall be punished as follows:
(a) By imprisonment in a county jail for not more than one year if
the child is concealed within the county in which the adoption
proceeding is pending or in which the child has been placed for
adoption, or is removed from that county to a place within this
state.
(b) By imprisonment in the state prison, or by imprisonment in a
county jail for not more than one year, if the child is removed from
that county to a place outside of this state.

[هيثم الفقى]

281. (a) Every person having a husband or wife living, who marries
any other person, except in the cases specified in Section 282, is
guilty of bigamy.
(b) Upon a trial for bigamy, it is not necessary to prove either
of the marriages by the register, certificate, or other record
evidence thereof, but the marriages may be proved by evidence which
is admissible to prove a marriage in other cases; and when the second
marriage took place out of this state, proof of that fact,
accompanied with proof of cohabitation thereafter in this state, is
sufficient to sustain the charge.



282. Section 281 does not extend to any of the following:
(a) To any person by reason of any former marriage whose husband
or wife by such marriage has been absent for five successive years
without being known to such person within that time to be living.
(b) To any person by reason of any former marriage which has been
pronounced void, annulled, or dissolved by the judgment of a
competent court.



283. Bigamy is punishable by a fine not exceeding ten thousand
dollars ($10,000) or by imprisonment in a county jail not exceeding
one year or in the state prison.



284. Every person who knowingly and willfully marries the husband
or wife of another, in any case in which such husband or wife would
be punishable under the provisions of this chapter, is punishable by
fine not less than five thousand dollars ($5,000), or by imprisonment
in the state prison.


285. Persons being within the degrees of consanguinity within which
marriages are declared by law to be incestuous and void, who
intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by
imprisonment in the state prison.



286. (a) Sodomy is ***ual conduct consisting of contact between the
penis of one person and the anus of another person. Any ***ual
penetration, however slight, is sufficient to complete the crime of
sodomy.
(b) (1) Except as provided in Section 288, any person who
participates in an act of sodomy with another person who is under 18
years of age shall be punished by imprisonment in the state prison,
or in a county jail for not more than one year.
(2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sodomy with another person who
is under 16 years of age shall be guilty of a felony.
(c) (1) Any person who participates in an act of sodomy with
another person who is under 14 years of age and more than 10 years
younger than he or she shall be punished by imprisonment in the state
prison for three, six, or eight years.
(2) Any person who commits an act of sodomy when 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 shall be punished by imprisonment in the
state prison for three, six, or eight years.
(3) Any person who commits an act of sodomy where the act is
accomplished against the victim's will by threatening to retaliate in
the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat,
shall be punished by imprisonment in the state prison for three, six,
or eight years.
(d) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of sodomy when the act is accomplished against
the victim's will by means of force or fear of immediate and
unlawful bodily injury on the victim or another person or where the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
five, seven, or nine years.
(e) Any person who participates in an act of sodomy with any
person of any age while confined in any state prison, as defined in
Section 4504, or in any local detention facility, as defined in
Section 6031.4, shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year.
(f) Any person who commits an act of sodomy, and the victim is at
the time unconscious of the nature of the act and this is known to
the person committing the act, shall be punished by imprisonment in
the state prison for three, six, or eight years. As used in this
subdivision, "unconscious of the nature of the act" means incapable
of resisting because the victim meets one of the following
conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the ***ual penetration served a
professional purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), a person who commits an
act of sodomy, and the victim is at the time incapable, because of a
mental disorder or developmental or physical disability, of giving
legal consent, and this is known or reasonably should be known to the
person committing the act, shall be punished by imprisonment in the
state prison for three, six, or eight years. Notwithstanding the
existence of a conservatorship pursuant to the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code), the prosecuting attorney shall prove,
as an element of the crime, that a mental disorder or developmental
or physical disability rendered the alleged victim incapable of
giving consent.
(h) Any person who commits an act of sodomy, and the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, and both
the defendant and the victim are at the time confined in a state
hospital for the care and treatment of the mentally disordered or in
any other public or private facility for the care and treatment of
the mentally disordered approved by a county mental health director,
shall be punished by imprisonment in the state prison, or in a county
jail for not more than one year. Notwithstanding the existence of a
conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
(i) Any person who commits an act of sodomy, where the victim is
prevented from resisting by an intoxicating or anesthetic substance,
or any controlled substance, and this condition was known, or
reasonably should have been known by the accused, shall be punished
by imprisonment in the state prison for three, six, or eight years.
(j) Any person who commits an act of sodomy, where the victim
submits under the belief that the person committing the act is the
victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for three, six, or eight years.
(k) Any person who commits an act of sodomy, where the act is
accomplished against the victim's will by threatening to use the
authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the
perpetrator is a public official, shall be punished by imprisonment
in the state prison for three, six, or eight years.
As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or inflict extreme
pain, serious bodily injury, or death.
(m) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23. The court, however,
shall 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 subdivision.



286.5. Any person who ***ually assaults any animal protected by
Section 597f for the purpose of arousing or gratifying the ***ual
desire of the person is guilty of a misdemeanor.



288. (a) Any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member
thereof, of a child who is under the age of 14 years, with the intent
of arousing, appealing to, or gratifying the lust, passions, or
***ual desires of that person or the child, is guilty of a felony and
shall be punished by imprisonment in the state prison for three,
six, or eight years.
(b) (1) Any person who commits an act described in subdivision (a)
by use of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person, is guilty of
a felony and shall be punished by imprisonment in the state prison
for three, six, or eight years.
(2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person by use of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person, with the intent described in
subdivision (a), is guilty of a felony and shall be punished by
imprisonment in the state prison for three, six, or eight years.
(c) (1) Any person who commits an act described in subdivision (a)
with the intent described in that subdivision, and the victim is a
child of 14 or 15 years, and that person is at least 10 years older
than the child, is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year. In
determining whether the person is at least 10 years older than the
child, the difference in age shall be measured from the birth date of
the person to the birth date of the child.
(2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person, with the intent described in
subdivision (a), is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year.
(d) In any arrest or prosecution under this section or Section
288.5, the peace officer, district attorney, and the court shall
consider the needs of the child victim or dependent person and shall
do whatever is necessary, within existing budgetary resources, and
constitutionally permissible to prevent psychological harm to the
child victim or to prevent psychological harm to the dependent person
victim resulting from participation in the court process.
(e) Upon the conviction of any person for a violation of
subdivision (a) or (b), the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed ten thousand dollars ($10,000). In setting the
amount of the fine, the court shall consider any relevant factors,
including, but not limited to, the seriousness and gravity of the
offense, the circumstances of its commission, whether the defendant
derived any economic gain as a result of the crime, and the extent to
which the victim suffered economic losses as a result of the crime.
Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child ***ual exploitation and child ***ual
abuse victim counseling centers and prevention programs pursuant to
Section 13837.
If the court orders a fine 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.
(f) For purposes of paragraph (2) of subdivision (b) and paragraph
(2) of subdivision (c), the following definitions apply:
(1) "Caretaker" means an owner, operator, administrator, employee,
independent contractor, agent, or volunteer of any of the following
public or private facilities when the facilities provide care for
elder or dependent persons:
(A) Twenty-four hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
(B) Clinics.
(C) Home health agencies.
(D) Adult day health care centers.
(E) Secondary schools that serve dependent persons and
postsecondary educational institutions that serve dependent persons
or elders.
(F) Sheltered workshops.
(G) Camps.
(H) Community care facilities, as defined by Section 1402 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.

(I) Respite care facilities.
(J) Foster homes.
(K) Regional centers for persons with developmental disabilities.

(L) A home health agency licensed in accordance with Chapter 8
(commencing with Section 1725) of Division 2 of the Health and Safety
Code.
(M) An agency that supplies in-home supportive services.
(N) Board and care facilities.
(O) Any other protective or public assistance agency that provides
health services or social services to elder or dependent persons,
including, but not limited to, in-home supportive services, as
defined in Section 14005.14 of the Welfare and Institutions Code.
(P) Private residences.
(2) "Board and care facilities" means licensed or unlicensed
facilities that provide assistance with one or more of the following
activities:
(A) Bathing.
(B) Dressing.
(C) Grooming.
(D) Medication storage.
(E) Medical dispensation.
(F) Money management.
(3) "Dependent person" means any person who has a physical or
mental impairment that substantially restricts his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities or whose physical or mental abilities have
significantly diminished because of age. "Dependent person"
includes any person who is admitted as an inpatient to a 24-hour
health facility, as defined in Sections 1250, 1250.2, and 1250.3 of
the Health and Safety Code.
(g) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) apply to the owners, operators, administrators,
employees, independent contractors, agents, or volunteers working at
these public or private facilities and only to the extent that the
individuals personally commit, conspire, aid, abet, or facilitate any
act prohibited by paragraph (2) of subdivision (b) and paragraph (2)
of subdivision (c).
(h) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) do not apply to a caretaker who is a spouse of, or
who is in an equivalent domestic relationship with, the dependent
person under care.



288.1. Any person convicted of committing any lewd or lascivious
act including any of the acts constituting other crimes provided for
in Part 1 of this code upon or with the body, or any part or member
thereof, of a child under the age of 14 years shall not have his or
her sentence suspended until the court obtains a report from a
reputable psychiatrist, from a reputable psychologist who meets the
standards set forth in Section 1027, as to the mental condition of
that person.



288.2. (a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly distributes, sends, causes to be sent,
exhibits, or offers to distribute or exhibit by any means,
including, but not limited to, live or recorded telephone messages,
any harmful matter, as defined in Section 313, to a minor with the
intent of arousing, appealing to, or gratifying the lust or passions
or ***ual desires of that person or of a minor, and with the intent
or for the purpose of seducing a minor, is guilty of a public offense
and shall be punished by imprisonment in the state prison or in a
county jail.
A person convicted of a second and any subsequent conviction for a
violation of this section is guilty of a felony.
(b) Every person who, with knowledge that a person is a minor,
knowingly distributes, sends, causes to be sent, exhibits, or offers
to distribute or exhibit by electronic mail, the Internet, as defined
in Section 17538 of the Business and Professions Code, or a
commercial online service, any harmful matter, as defined in Section
313, to a minor with the intent of arousing, appealing to, or
gratifying the lust or passions or ***ual desires of that person or
of a minor, and with the intent, or for the purpose of seducing a
minor, is guilty of a public offense and shall be punished by
imprisonment in the state prison or in a county jail.
A person convicted of a second and any subsequent conviction for a
violation of this section is guilty of a felony.
(c) It shall be a defense to any prosecution under this section
that a parent or guardian committed the act charged in aid of
legitimate *** education.
(d) It shall be a defense in any prosecution under this section
that the act charged was committed in aid of legitimate scientific or
educational purposes.
(e) It does not constitute a violation of this section for a
telephone corporation, as defined in Section 234 of the Public
Utilities Code, a cable television company franchised pursuant to
Section 53066 of the Government Code, or any of its affiliates, an
Internet service provider, or commercial online service provider, to
carry, broadcast, or transmit messages described in this section or
perform related activities in providing telephone, cable television,
Internet, or commercial online services.


288.3. (a) Every person who contacts or communicates with a minor,
or attempts to contact or communicate with a minor, who knows or
reasonably should know that the person is a minor, with intent to
commit an offense specified in Section 207, 209, 261, 264.1, 273a,
286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving
the minor shall be punished by imprisonment in the state prison for
the term prescribed for an attempt to commit the intended offense.
(b) As used in this section, "contacts or communicates with" shall
include direct and indirect contact or communication that may be
achieved personally or by use of an agent or agency, any print
medium, any postal service, a common carrier or communication common
carrier, any electronic communications system, or any
telecommunications, wire, computer, or radio communications device or
system.
(c) A person convicted of a violation of subdivision (a) who has
previously been convicted of a violation of subdivision (a) shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years.


288.4. (a) (1) Every person who, motivated by an unnatural or
abnormal ***ual interest in children, arranges a meeting with a minor
or a person he or she believes to be a minor for the purpose of
exposing his or her genitals or pubic or rectal area, having the
child expose his or her genitals or pubic or rectal area, or engaging
in lewd or lascivious behavior, 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 violates this subdivision after a prior
conviction for an offense listed in subdivision (c) of Section 290
shall be punished by imprisonment in the state prison.
(b) Every person described in paragraph (1) of subdivision (a) who
goes to the arranged meeting place at or about the arranged time,
shall be punished by imprisonment in the state prison for two, three,
or four years.
(c) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



288.5. (a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less than three months in duration, engages in three or
more acts of substantial ***ual conduct with a child under the age of
14 years at the time of the commission of the offense, as defined in
subdivision (b) of Section 1203.066, or three or more acts of lewd
or lascivious conduct, as defined in Section 288, with a child under
the age of 14 years at the time of the commission of the offense is
guilty of the offense of continuous ***ual abuse of a child and shall
be punished by imprisonment in the state prison for a term of 6, 12,
or 16 years.
(b) To convict under this section the trier of fact, if a jury,
need unanimously agree only that the requisite number of acts
occurred not on which acts constitute the requisite number.
(c) No other act of substantial ***ual conduct, as defined in
subdivision (b) of Section 1203.066, with a child under 14 years of
age at the time of the commission of the offenses, or lewd and
lascivious acts, as defined in Section 288, involving the same victim
may be charged in the same proceeding with a charge under this
section unless the other charged offense occurred outside the time
period charged under this section or the other offense is charged in
the alternative. A defendant may be charged with only one count under
this section unless more than one victim is involved in which case a
separate count may be charged for each victim.



288.7. (a) Any person 18 years of age or older who engages in
***ual intercourse or sodomy with a child who is 10 years of age or
younger is guilty of a felony and shall be punished by imprisonment
in the state prison for a term of 25 years to life.
(b) Any person 18 years of age or older who engages in oral
copulation or ***ual penetration, as defined in Section 289, with a
child who is 10 years of age or younger is guilty of a felony and
shall be punished by imprisonment in the state prison for a term of
15 years to life.


288a. (a) Oral copulation is the act of copulating the mouth of one
person with the ***ual organ or anus of another person.
(b) (1) Except as provided in Section 288, any person who
participates in an act of oral copulation with another person who is
under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.
(2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of oral copulation with another
person who is under 16 years of age is guilty of a felony.
(c) (1) Any person who participates in an act of oral copulation
with another person who is under 14 years of age and more than 10
years younger than he or she shall be punished by imprisonment in the
state prison for three, six, or eight years.
(2) Any person who commits an act of oral copulation when 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 shall be punished by
imprisonment in the state prison for three, six, or eight years.
(3) Any person who commits an act of oral copulation where the act
is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
(d) Any person who, while voluntarily acting in concert with
another person, either personally or by aiding and abetting that
other person, commits an act of oral copulation (1) when the act is
accomplished against the victim's will by means of force or fear of
immediate and unlawful bodily injury on the victim or another person,
or (2) where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat, or (3) where the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, shall be
punished by imprisonment in the state prison for five, seven, or
nine years. Notwithstanding the appointment of a conservator with
respect to the victim pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime described under
paragraph (3), that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving legal
consent.
(e) Any person who participates in an act of oral copulation while
confined in any state prison, as defined in Section 4504 or in any
local detention facility as defined in Section 6031.4, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year.
(f) Any person who commits an act of oral copulation, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years. As used in this subdivision, "unconscious of the nature of
the act" means incapable of resisting because the victim meets one of
the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the oral copulation served a
professional purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), any person who commits
an act of oral copulation, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability,
of giving legal consent, and this is known or reasonably should be
known to the person committing the act, shall be punished by
imprisonment in the state prison, for three, six, or eight years.
Notwithstanding the existence of a conservatorship pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code),
the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving consent.
(h) Any person who commits an act of oral copulation, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act, and both the defendant and the victim are at the time
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private facility for
the care and treatment of the mentally disordered approved by a
county mental health director, shall be punished by imprisonment in
the state prison, or in a county jail for a period of not more than
one year. Notwithstanding the existence of a conservatorship
pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
(i) Any person who commits an act of oral copulation, where the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
(j) Any person who commits an act of oral copulation, where the
victim submits under the belief that the person committing the act is
the victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for a period of three, six, or eight years.
(k) Any person who commits an act of oral copulation, where the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or to inflict extreme
pain, serious bodily injury, or death.
(m) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, 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 subdivision.



289. (a) (1) Any person who commits an act of ***ual penetration
when 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 shall be punished by
imprisonment in the state prison for three, six, or eight years.
(2) Any person who commits an act of ***ual penetration when the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
(b) Except as provided in subdivision (c), any person who commits
an act of ***ual penetration, and the victim is at the time
incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably
should be known to the person committing the act or causing the act
to be committed, shall be punished by imprisonment in the state
prison for three, six, or eight years. Notwithstanding the
appointment of a conservator with respect to the victim pursuant to
the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code), the prosecuting attorney shall prove, as an element of the
crime, that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving legal consent.
(c) Any person who commits an act of ***ual penetration, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act or causing the act to be committed and both the defendant and
the victim are at the time confined in a state hospital for the care
and treatment of the mentally disordered or in any other public or
private facility for the care and treatment of the mentally
disordered approved by a county mental health director, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year. Notwithstanding the existence
of a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged
victim incapable of giving legal consent.
(d) Any person who commits an act of ***ual penetration, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act or causing the act to be
committed, shall be punished by imprisonment in the state prison for
three, six, or eight years. As used in this subdivision,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the ***ual penetration served a
professional purpose when it served no professional purpose.
(e) Any person who commits an act of ***ual penetration when the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
(f) Any person who commits an act of ***ual penetration when the
victim submits under the belief that the person committing the act or
causing the act to be committed is the victim's spouse, and this
belief is induced by any artifice, pretense, or concealment practiced
by the accused, with intent to induce the belief, shall be punished
by imprisonment in the state prison for a period of three, six, or
eight years.
(g) Any person who commits an act of ***ual penetration when the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(h) Except as provided in Section 288, any person who participates
in an act of ***ual penetration with another person who is under 18
years of age shall be punished by imprisonment in the state prison or
in the county jail for a period of not more than one year.
(i) Except as provided in Section 288, any person over the age of
21 years who participates in an act of ***ual penetration with
another person who is under 16 years of age shall be guilty of a
felony.
(j) Any person who participates in an act of ***ual penetration
with another person who is under 14 years of age and who is more than
10 years younger than he or she shall be punished by imprisonment in
the state prison for three, six, or eight years.
(k) As used in this section:
(1) "***ual penetration" is the act of causing the penetration,
however slight, of the genital or anal opening of any person or
causing another person to so penetrate the defendant's or another
person's genital or anal opening for the purpose of ***ual arousal,
gratification, or abuse by any foreign object, substance, instrument,
or device, or by any unknown object.
(2) "Foreign object, substance, instrument, or device" shall
include any part of the body, except a ***ual organ.
(3) "Unknown object" shall include any foreign object, substance,
instrument, or device, or any part of the body, including a penis,
when it is not known whether penetration was by a penis or by a
foreign object, substance, instrument, or device, or by any other
part of the body.
(l) As used in subdivision (a), "threatening to retaliate" means a
threat to kidnap or falsely imprison, or inflict extreme pain,
serious bodily injury or death.
(m) As used in this section, "victim" includes any person who the
defendant causes to penetrate the genital or anal opening of the
defendant or another person or whose genital or anal opening is
caused to be penetrated by the defendant or another person and who
otherwise qualifies as a victim under the requirements of this
section.



289.5. (a) Every person who flees to this state with the intent to
avoid prosecution for an offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subdivision (c) of Section 290, and who has been
charged with that offense under the laws of the jurisdiction from
which the person fled, is guilty of a misdemeanor.
(b) Every person who flees to this state with the intent to avoid
custody or confinement imposed for conviction of an offense under the
laws of the jurisdiction from which the person fled, which offense,
if committed or attempted in this state, would have been punishable
as one or more of the offenses described in subdivision (c) of
Section 290, is guilty of a misdemeanor.
(c) No person shall be charged and prosecuted for an offense under
this section unless the prosecutor has requested the other
jurisdiction to extradite the person and the other jurisdiction has
refused to do so.
(d) Any person who is convicted of any felony *** offense
described in subdivision (c) of Section 290, that is committed after
fleeing to this state under the circumstances described in
subdivision (a) or (b) of this section, shall, in addition and
consecutive to the punishment for that conviction, receive an
additional term of two years' imprisonment.



289.6. (a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a health facility or staff for a health facility
under contract with a public entity, who engages in ***ual activity
with a consenting adult who is confined in a health facility is
guilty of a public offense. As used in this paragraph, "health
facility" means a health facility as defined in subdivisions (b),
(e), (g), (h), and (j), and subparagraph (C) of paragraph (2) of
subdivision (i) of Section 1250 of the Health and Safety Code, in
which the victim has been confined involuntarily.
(2) An employee or officer of a public entity detention facility,
or an employee, officer, or agent of a private person or entity that
provides a detention facility or staff for a detention facility, or
person or agent of a public or private entity under contract with a
detention facility, or a volunteer of a private or public entity
detention facility, who engages in ***ual activity with a consenting
adult who is confined in a detention facility, is guilty of a public
offense.
(3) An employee with a department, board, or authority under the
Youth and Adult Correctional Agency or a facility under contract with
a department, board, or authority under the Youth and Adult
Correctional Agency, who, during the course of his or her employment
directly provides treatment, care, control, or supervision of
inmates, wards, or parolees, and who engages in ***ual activity with
a consenting adult who is an inmate, ward, or parolee, is guilty of a
public offense.
(b) As used in this section, the term "public entity" means the
state, federal government, a city, a county, a city and county, a
joint county jail district, or any entity created as a result of a
joint powers agreement between two or more public entities.
(c) As used in this section, the term "detention facility" means:

(1) A prison, jail, camp, or other correctional facility used for
the confinement of adults or both adults and minors.
(2) A building or facility used for the confinement of adults or
adults and minors pursuant to a contract with a public entity.
(3) A room that is used for holding persons for interviews,
interrogations, or investigations and that is separate from a jail or
located in the administrative area of a law enforcement facility.
(4) A vehicle used to transport confined persons during their
period of confinement.
(5) A court holding facility located within or adjacent to a court
building that is used for the confinement of persons for the purpose
of court appearances.
(d) As used in this section, "***ual activity" means:
(1) ***ual intercourse.
(2) Sodomy, as defined in subdivision (a) of Section 286.
(3) Oral copulation, as defined in subdivision (a) of Section
288a.
(4) ***ual penetration, as defined in subdivision (k) of Section
289.
(5) The rubbing or touching of the breasts or ***ual organs of
another, or of oneself in the presence of and with knowledge of
another, with the intent of arousing, appealing to, or gratifying the
lust, passions, or ***ual desires of oneself or another.
(e) Consent by a confined person or parolee to ***ual activity
proscribed by this section is not a defense to a criminal prosecution
for violation of this section.
(f) This section does not apply to ***ual activity between
consenting adults that occurs during an overnight conjugal visit that
takes place pursuant to a court order or with the written approval
of an authorized representative of the public entity that operates or
contracts for the operation of the detention facility where the
conjugal visit takes place, to physical contact or penetration made
pursuant to a lawful search, or bona fide medical examinations or
treatments, including clinical treatments.
(g) Any violation of paragraph (1) of subdivision (a), or a
violation of paragraph (2) or (3) of subdivision (a) as described in
paragraph (5) of subdivision (d), is a misdemeanor.
(h) Any violation of paragraph (2) or (3) of subdivision (a), as
described in paragraph (1), (2), (3), or (4) of subdivision (d),
shall be punished by imprisonment in a county jail not exceeding one
year, or in the state prison, or by a fine of not more than ten
thousand dollars ($10,000) or by both that fine and imprisonment.
(i) Any person previously convicted of a violation of this section
shall, upon a subsequent violation, be guilty of a felony.
(j) Anyone who is convicted of a felony violation of this section
who is employed by a department, board, or authority within the Youth
and Adult Correctional Agency shall be terminated in accordance with
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Title 2 of Division 5 of the Government Code). Anyone who has
been convicted of a felony violation of this section shall not be
eligible to be hired or reinstated by a department, board, or
authority within the Youth and Adult Correctional Agency.

[هيثم الفقى]

290. (a) Sections 290 to 290.023, inclusive, shall be known and may
be cited as the *** Offender Registration Act. All references to
"the Act" in those sections are to the *** Offender Registration Act.

(b) Every person described in subdivision (c), for the rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall be required to register with the chief of police of the
city in which he or she is residing, or the sheriff of the county if
he or she is residing in an unincorporated area or city that has no
police department, and, additionally, with the chief of police of a
campus of the University of California, the California State
University, or community college if he or she is residing upon the
campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides, and shall be required to register thereafter in accordance
with the Act.
(c) The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of
Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of
Section 314, any offense involving lewd or lascivious conduct under
Section 272, or any felony violation of Section 288.2; any statutory
predecessor that includes all elements of one of the above-mentioned
offenses; or any person who since that date has been or is hereafter
convicted of the attempt or conspiracy to commit any of the
above-mentioned offenses.



290.001. Every person who has ever been adjudicated a ***ually
violent predator, as defined in Section 6600 of the Welfare and
Institutions Code, shall register in accordance with the Act.



290.002. Persons required to register in their state of residence
who are out-of-state residents employed, or carrying on a vocation in
California on a full-time or part-time basis, with or without
compensation, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall register in accordance
with the Act. Persons described in the Act who are out-of-state
residents enrolled in any educational institution in California, as
defined in Section 22129 of the Education Code, on a full-time or
part-time basis, shall register in accordance with the Act. The place
where the out-of-state resident is located, for purposes of
registration, shall be the place where the person is employed,
carrying on a vocation, or attending school. The out-of-state
resident subject to this section shall, in addition to the
information required pursuant to Section 290.015, provide the
registering authority with the name of his or her place of employment
or the name of the school attended in California, and his or her
address or location in his or her state of residence. The
registration requirement for persons subject to this section shall
become operative on November 25, 2000. The terms "employed or carries
on a vocation" include employment whether or not financially
compensated, volunteered, or performed for government or educational
benefit.



290.003. Any person who, since July 1, 1944, has been or hereafter
is released, discharged, or paroled from a penal institution where he
or she was confined because of the commission or attempted
commission of one of the offenses described in subdivision (c) of
Section 290, shall register in accordance with the Act.



290.004. Any person who, since July 1, 1944, has been or hereafter
is determined to be a mentally disordered *** offender under Article
1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, or any person who has been
found guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial shall
register in accordance with the Act.



290.005. The following persons shall register in accordance with
the Act:
(a) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subdivision (c) of Section 290, including offenses in
which the person was a principal, as defined in Section 31.
(b) Any person ordered by any other court, including any state,
federal, or military court, to register as a *** offender for any
offense, if the court found at the time of conviction or sentencing
that the person committed the offense as a result of ***ual
compulsion or for purposes of ***ual gratification.
(c) Except as provided in subdivision (d), any person who would
be required to register while residing in the state of conviction for
a *** offense committed in that state.
(d) Notwithstanding subdivision (c), a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction shall not be required
to register in California unless the out-of-state offense contains
all of the elements of a registerable California offense described in
subdivision (c) of Section 290:
(1) Indecent exposure, pursuant to Section 314.
(2) Unlawful ***ual intercourse, pursuant to Section 261.5.
(3) Incest, pursuant to Section 285.
(4) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in Section 290.019,
and the department is able, upon the exercise of reasonable
diligence, to verify that fact.
(5) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.



290.006. Any person ordered by any court to register pursuant to
the Act for any offense not included specifically in subdivision (c)
of Section 290, shall so register, if the court finds at the time of
conviction or sentencing that the person committed the offense as a
result of ***ual compulsion or for purposes of ***ual gratification.
The court shall state on the record the reasons for its findings and
the reasons for requiring registration.



290.007. Any person required to register pursuant to any provision
of the Act shall register in accordance with the Act, regardless of
whether the person's conviction has been dismissed pursuant to
Section 1203.4, unless the person obtains a certificate of
rehabilitation and is entitled to relief from registration pursuant
to Section 290.5.



290.008. (a) Any person who, on or after January 1, 1986, is
discharged or paroled from the Department of Corrections and
Rehabilitation to the custody of which he or she was committed after
having been adjudicated a ward of the juvenile court pursuant to
Section 602 of the Welfare and Institutions Code because of the
commission or attempted commission of any offense described in
subdivision (c) shall register in accordance with the Act.
(b) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Division of Juvenile Justice,
to the custody of which he or she was committed because of an
offense which, if committed or attempted in this state, would have
been punishable as one or more of the offenses described in
subdivision (c) shall register in accordance with the Act.
(c) Any person described in this section who committed an offense
in violation of any of the following provisions shall be required to
register pursuant to the Act:
(1) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(3) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(d) Prior to discharge or parole from the Department of
Corrections and Rehabilitation, any person who is subject to
registration under this section shall be informed of the duty to
register under the procedures set forth in the Act. Department
officials shall transmit the required forms and information to the
Department of Justice.
(e) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This section shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.



290.009. Any person required to register under the Act who is
enrolled as a student or is an employee or carries on a vocation,
with or without compensation, at an institution of higher learning in
this state, shall register pursuant to the provisions of the Act.




290.010. If the person who is registering has more than one
residence address at which he or she regularly resides, he or she
shall register in accordance with the Act in each of the
jurisdictions in which he or she regularly resides, regardless of the
number of days or nights spent there. If all of the addresses are
within the same jurisdiction, the person shall provide the
registering authority with all of the addresses where he or she
regularly resides.


290.011. Every person who is required to register pursuant to the
Act who is living as a transient shall be required to register for
the rest of his or her life as follows:
(a) He or she shall register, or reregister if the person has
previously registered, within five working days from release from
incarceration, placement or commitment, or release on probation,
pursuant to subdivision (b) of Section 290, except that if the person
previously registered as a transient less than 30 days from the date
of his or her release from incarceration, he or she does not need to
reregister as a transient until his or her next required 30-day
update of registration. If a transient is not physically present in
any one jurisdiction for five consecutive working days, he or she
shall register in the jurisdiction in which he or she is physically
present on the fifth working day following release, pursuant to
subdivision (b) of Section 290. Beginning on or before the 30th day
following initial registration upon release, a transient shall
reregister no less than once every 30 days thereafter. A transient
shall register with the chief of police of the city in which he or
she is physically present within that 30-day period, or the sheriff
of the county if he or she is physically present in an unincorporated
area or city that has no police department, and additionally, with
the chief of police of a campus of the University of California, the
California State University, or community college if he or she is
physically present upon the campus or in any of its facilities. A
transient shall reregister no less than once every 30 days regardless
of the length of time he or she has been physically present in the
particular jurisdiction in which he or she reregisters. If a
transient fails to reregister within any 30-day period, he or she may
be prosecuted in any jurisdiction in which he or she is physically
present.
(b) A transient who moves to a residence shall have five working
days within which to register at that address, in accordance with
subdivision (b) of Section 290. A person registered at a residence
address in accordance with that provision who becomes transient shall
have five working days within which to reregister as a transient in
accordance with subdivision (a).
(c) Beginning on his or her first birthday following registration,
a transient shall register annually, within five working days of his
or her birthday, to update his or her registration with the entities
described in subdivision (a). A transient shall register in
whichever jurisdiction he or she is physically present on that date.
At the 30-day updates and the annual update, a transient shall
provide current information as required on the Department of Justice
annual update form, including the information described in paragraphs
(1) to (3), inclusive of subdivision (a) of Section 290.015, and the
information specified in subdivision (d).
(d) A transient shall, upon registration and reregistration,
provide current information as required on the Department of Justice
registration forms, and shall also list the places where he or she
sleeps, eats, works, frequents, and engages in leisure activities. If
a transient changes or adds to the places listed on the form during
the 30-day period, he or she does not need to report the new place or
places until the next required reregistration.
(e) Failure to comply with the requirement of reregistering every
30 days following initial registration pursuant to subdivision (a)
shall be punished in accordance with subdivision (g) of Section
290.018. Failure to comply with any other requirement of this section
shall be punished in accordance with either subdivision (a) or (b)
of Section 290.018.
(f) A transient who moves out of state shall inform, in person,
the chief of police in the city in which he or she is physically
present, or the sheriff of the county if he or she is physically
present in an unincorporated area or city that has no police
department, within five working days, of his or her move out of
state. The transient shall inform that registering agency of his or
her planned destination, residence or transient location out of
state, and any plans he or she has to return to California, if known.
The law enforcement agency shall, within three days after receipt of
this information, forward a copy of the change of location
information to the Department of Justice. The department shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence or location.

(g) For purposes of this section, "transient" means a person who
has no residence. "Residence" means one or more addresses at which a
person regularly resides, regardless of the number of days or nights
spent there, such as a shelter or structure that can be located by a
street address, including, but not limited to, houses, apartment
buildings, motels, hotels, homeless shelters, and recreational and
other vehicles.
(h) The transient registrant's duty to update his or her
registration no less than every 30 days shall begin with his or her
second transient update following the date this section became
effective.


290.012. (a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department of
Justice annual update form, including the information described in
paragraphs (1) to (3), inclusive of subdivision (a) of Section
290.015. The registering agency shall give the registrant a copy of
the registration requirements from the Department of Justice form.
(b) In addition, every person who has ever been adjudicated a
***ually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice. Every person who, as
a ***ually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she next
registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.
(c) In addition, every person subject to the Act, while living as
a transient in California shall update his or her registration at
least every 30 days, in accordance with Section 290.011.
(d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN).



290.013. (a) Any person who was last registered at a residence
address pursuant to the Act who changes his or her residence address,
whether within the jurisdiction in which he or she is currently
registered or to a new jurisdiction inside or outside the state,
shall, in person, within five working days of the move, inform the
law enforcement agency or agencies with which he or she last
registered of the move, the new address or transient location, if
known, and any plans he or she has to return to California.
(b) If the person does not know the new residence address or
location at the time of the move, the registrant shall, in person,
within five working days of the move, inform the last registering
agency or agencies that he or she is moving. The person shall later
notify the last registering agency or agencies, in writing, sent by
certified or registered mail, of the new address or location within
five working days of moving into the new residence address or
location, whether temporary or permanent.
(c) The law enforcement agency or agencies shall, within three
working days after receipt of this information, forward a copy of the
change of address information to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency or agencies having local jurisdiction of
the new place of residence.
(d) If the person's new address is in a Department of Corrections
and Rehabilitation facility or state mental institution, an official
of the place of incarceration, placement, or commitment shall, within
90 days of receipt of the person, forward the registrant's change of
address information to the Department of Justice. The agency need
not provide a physical address for the registrant but shall indicate
that he or she is serving a period of incarceration or commitment in
a facility under the agency's jurisdiction. This subdivision shall
apply to persons received in a department facility or state mental
institution on or after January 1, 1999. The Department of Justice
shall forward the change of address information to the agency with
which the person last registered.



290.014. If any person who is required to register pursuant to the
Act changes his or her name, the person shall inform, in person, the
law enforcement agency or agencies with which he or she is currently
registered within five working days. The law enforcement agency or
agencies shall forward a copy of this information to the Department
of Justice within three working days of its receipt.



290.015. (a) A person who is subject to the Act shall register, or
reregister if the person has previously registered, upon release from
incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
(1) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
(2) The fingerprints and a current photograph of the person taken
by the registering official.
(3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(4) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
(5) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
(b) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement, fingerprints,
photograph, and vehicle license plate number, if any, to the
Department of Justice.



290.016. (a) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under the Act shall preregister.
The preregistering official shall be the admitting officer at the
place of incarceration, placement, or commitment, or the probation
officer if the person is to be released on probation. The
preregistration shall consist of all of the following:
(1) A preregistration statement in writing, signed by the person,
giving information that shall be required by the Department of
Justice.
(2) The fingerprints and a current photograph of the person.
(3) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(b) Within three days thereafter, the preregistering official
shall forward the statement, fingerprints, photograph, and vehicle
license plate number, if any, to the Department of Justice.



290.017. (a) Any person who is released, discharged, or paroled
from a jail, state or federal prison, school, road camp, or other
institution where he or she was confined, who is required to register
pursuant to the Act, shall, prior to discharge, parole, or release,
be informed of his or her duty to register under the Act by the
official in charge of the place of confinement or hospital, and the
official shall require the person to read and sign any form that may
be required by the Department of Justice, stating that the duty of
the person to register under the Act has been explained to the
person. The official in charge of the place of confinement or
hospital shall obtain the address where the person expects to reside
upon his or her discharge, parole, or release and shall report the
address to the Department of Justice. The official shall at the same
time forward a current photograph of the person to the Department of
Justice.
(b) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to the Act is a felony
conviction, the official in charge shall, not later than 45 days
prior to the scheduled release of the person, send one copy to the
appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice. The
official in charge of the place of confinement or hospital shall
retain one copy.
(c) Any person who is required to register pursuant to the Act
and who is released on probation, shall, prior to release or
discharge, be informed of the duty to register under the Act by the
probation department, and a probation officer shall require the
person to read and sign any form that may be required by the
Department of Justice, stating that the duty of the person to
register has been explained to him or her. The probation officer
shall obtain the address where the person expects to reside upon
release or discharge and shall report within three days the address
to the Department of Justice. The probation officer shall give one
copy of the form to the person, send one copy to the Department of
Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(d) Any person who is required to register pursuant to the Act and
who is granted conditional release without supervised probation, or
discharged upon payment of a fine, shall, prior to release or
discharge, be informed of the duty to register under the Act in open
court by the court in which the person has been convicted, and the
court shall require the person to read and sign any form that may be
required by the Department of Justice, stating that the duty of the
person to register has been explained to him or her. If the court
finds that it is in the interest of the efficiency of the court, the
court may assign the bailiff to require the person to read and sign
forms under the Act. The court shall obtain the address where the
person expects to reside upon release or discharge and shall report
within three days the address to the Department of Justice. The court
shall give one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the
person expects to reside upon his or her discharge, parole, or
release.


290.018. (a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the Act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(b) Except as provided in subdivisions (f), (h), and (j), any
person who is required to register under the Act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the Act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the Act and
who subsequently and willfully violates any requirement of the Act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
(c) If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
(d) Any person determined to be a mentally disordered *** offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under the Act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the Act
is guilty of a misdemeanor and shall be punished by imprisonment in
a county jail not exceeding one year. For any second or subsequent
willful violation of any requirement of the Act, the person is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
(e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests of justice
would best be served by the disposition.
(f) Any person who has ever been adjudicated a ***ually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison, or in a county jail not
exceeding one year.
(g) Except as otherwise provided in subdivision (f), any person
who is required to register or reregister pursuant to Section 290.011
and willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. Any
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
(h) Any person who fails to provide proof of residence as required
by paragraph (5) of subdivision (a) of Section 290.015, regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(i) Any person who is required to register under the Act who
willfully violates any requirement of the Act is guilty of a
continuing offense as to each requirement he or she violated.
(j) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year.
(k) Whenever any person is released on parole or probation and is
required to register under the Act but fails to do so within the time
prescribed, the parole authority or the court, as the case may be,
shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.



290.019. (a) Notwithstanding any other section in the Act, a person
who was convicted before January 1, 1976, under subdivision (a) of
Section 286, or Section 288a, shall not be required to register
pursuant to the Act for that conviction if the conviction was for
conduct between consenting adults that was decriminalized by Chapter
71 of the Statutes of 1975 or Chapter 1139 of the Statutes of 1976.
The Department of Justice shall remove that person from the ***
Offender Registry, and the person is discharged from his or her duty
to register pursuant to either of the following procedures:
(1) The person submits to the Department of Justice official
documentary evidence, including court records or police reports, that
demonstrate that the person's conviction pursuant to either of those
sections was for conduct between consenting adults that was
decriminalized.
(2) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(b) The department shall determine whether the person's conviction
was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to the
Act, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to the Act. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to the Act. Any person whose claim has
been denied by the department pursuant to this subdivision may
petition the court to appeal the department's denial of the person's
claim.


290.020. In any case in which a person who would be required to
register pursuant to the Act for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This section
shall not apply to any person who is temporarily released under guard
from the institution where he or she is confined.




290.021. Except as otherwise provided by law, the statements,
photographs, and fingerprints required by the Act shall not be open
to inspection by the public or by any person other than a regularly
employed peace officer or other law enforcement officer.




290.022. On or before July 1, 2010, the Department of Justice shall
renovate the VCIN to do the following:
(1) Correct all software deficiencies affecting data integrity and
include designated data fields for all mandated *** offender data.
(2) Consolidate and simplify program logic, thereby increasing
system performance and reducing system maintenance costs.
(3) Provide all necessary data storage, processing, and search
capabilities.
(4) Provide law enforcement agencies with full Internet access to
all *** offender data and photos.
(5) Incorporate a flexible design structure to readily meet future
demands for enhanced system functionality, including public Internet
access to *** offender information pursuant to Section 290.46.



290.023. The registration provisions of the Act are applicable to
every person described in the Act, without regard to when his or her
crime or crimes were committed or his or her duty to register
pursuant to the Act arose, and to every offense described in the Act,
regardless of when it was committed.



290.01. (a) (1) Commencing October 28, 2002, every person required
to register pursuant to Sections 290 to 290.009, inclusive, of the
*** Offender Registration Act who is enrolled as a student of any
university, college, community college, or other institution of
higher learning, or is, with or without compensation, a full-time or
part-time employee of that university, college, community college, or
other institution of higher learning, or is carrying on a vocation
at the university, college, community college, or other institution
of higher learning, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall, in addition to the
registration required by the *** Offender Registration Act, register
with the campus police department within five working days of
commencing enrollment or employment at that university, college,
community college, or other institution of higher learning, on a form
as may be required by the Department of Justice. The terms "employed
or carries on a vocation" include employment whether or not
financially compensated, volunteered, or performed for government or
educational benefit. The registrant shall also notify the campus
police department within five working days of ceasing to be enrolled
or employed, or ceasing to carry on a vocation, at the university,
college, community college, or other institution of higher learning.

(2) For purposes of this section, a campus police department is a
police department of the University of California, California State
University, or California Community College, established pursuant to
Section 72330, 89560, or 92600 of the Education Code, or is a police
department staffed with deputized or appointed personnel with peace
officer status as provided in Section 830.6 of the Penal Code and is
the law enforcement agency with the primary responsibility for
investigating crimes occurring on the college or university campus on
which it is located.
(b) If the university, college, community college, or other
institution of higher learning has no campus police department, the
registrant shall instead register pursuant to subdivision (a) with
the police of the city in which the campus is located or the sheriff
of the county in which the campus is located if the campus is located
in an unincorporated area or in a city that has no police
department, on a form as may be required by the Department of
Justice. The requirements of subdivisions (a) and (b) are in addition
to the requirements of the *** Offender Registration Act.
(c) A first violation of this section is a misdemeanor punishable
by a fine not to exceed one thousand dollars ($1,000). A second
violation of this section is a misdemeanor punishable by imprisonment
in a county jail for not more than six months, by a fine not to
exceed one thousand dollars ($1,000), or by both that imprisonment
and fine. A third or subsequent violation of this section is a
misdemeanor punishable by imprisonment in a county jail for not more
than one year, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
(d) (1) (A) The following information regarding a registered ***
offender on campus as to whom information shall not be made available
to the public via the Internet Web site as provided in Section
290.46 may be released to members of the campus community by any
campus police department or, if the university, college, community
college, or other institution of higher learning has no police
department, the police department or sheriff's department with
jurisdiction over the campus, and any employees of those agencies, as
required by Section 1092(f)(1)(I) of Title 20 of the United States
Code:
(i) The offender's full name.
(ii) The offender's known aliases.
(iii) The offender's gender.
(iv) The offender's race.
(v) The offender's physical description.
(vi) The offender's photograph.
(vii) The offender's date of birth.
(viii) Crimes resulting in registration under Section 290.
(ix) The date of last registration or reregistration.
(B) The authority provided in this subdivision is in addition to
the authority of a peace officer or law enforcement agency to provide
information about a registered *** offender pursuant to Section
290.45, and exists notwithstanding Section 290.021 or any other
provision of law.
(2) Any law enforcement entity and employees of any law
enforcement entity listed in paragraph (1) shall be immune from civil
or criminal liability for good faith conduct under this subdivision.

(3) Nothing in this subdivision shall be construed to authorize
campus police departments or, if the university, college, community
college, or other institution has no police department, the police
department or sheriff's department with jurisdiction over the campus,
to make disclosures about registrants intended to reach persons
beyond the campus community.
(4) (A) Before being provided any information by an agency
pursuant to this subdivision, a member of the campus community who
requests that information shall sign a statement, on a form provided
by the Department of Justice, stating that he or she is not a
registered *** offender, that he or she understands the purpose of
the release of information is to allow members of the campus
community to protect themselves and their children from ***
offenders, and that he or she understands it is unlawful to use
information obtained pursuant to this subdivision to commit a crime
against any registrant or to engage in illegal discrimination or
harassment of any registrant. The signed statement shall be
maintained in a file in the agency's office for a minimum of five
years.
(B) An agency disseminating printed information pursuant to this
subdivision shall maintain records of the means and dates of
dissemination for a minimum of five years.
(5) For purposes of this subdivision, "campus community" means
those persons present at, and those persons regularly frequenting,
any place associated with an institution of higher education,
including campuses; administrative and educational offices;
laboratories; satellite facilities owned or utilized by the
institution for educational instruction, business, or institutional
events; and public areas contiguous to any campus or facility that
are regularly frequented by students, employees, or volunteers of the
campus.


290.02. (a) Notwithstanding any other law, the Department of
Justice shall identify the names of persons required to register
pursuant to Section 290 from a list of persons provided by the
requesting agency, and provide those names and other information
necessary to verify proper identification, to any state governmental
entity responsible for authorizing or providing publicly funded
prescription drugs or other therapies to treat erectile dysfunction
of those persons. State governmental entities shall use information
received pursuant to this section to protect public safety by
preventing the use of prescription drugs or other therapies to treat
erectile dysfunction by convicted *** offenders.
(b) Use or disclosure of the information disclosed pursuant to
this section is prohibited for any purpose other than that authorized
by this section or Section 14133.225 of the Welfare and Institutions
Code. The Department of Justice may establish a fee for requests,
including all actual and reasonable costs associated with the
service.
(c) Notwithstanding any other provision of law, any state
governmental entity that is responsible for authorizing or providing
publicly funded prescription drugs or other therapies to treat
erectile dysfunction may use the *** offender database authorized by
Section 290.46 to protect public safety by preventing the use of
those drugs or therapies for convicted *** offenders.



290.03. (a) The Legislature finds and declares that a comprehensive
system of risk assessment, supervision, monitoring and containment
for registered *** offenders residing in California communities is
necessary to enhance public safety and reduce the risk of recidivism
posed by these offenders. The Legislature further affirms and
incorporates the following findings and declarations, previously
reflected in its enactment of "Megan's Law":
(1) *** offenders pose a potentially high risk of committing
further *** offenses after release from incarceration or commitment,
and the protection of the public from reoffending by these offenders
is a paramount public interest.
(2) It is a compelling and necessary public interest that the
public have information concerning persons convicted of offenses
involving unlawful ***ual behavior collected pursuant to Sections 290
and 290.4 to allow members of the public to adequately protect
themselves and their children from these persons.
(3) Persons convicted of these offenses involving unlawful ***ual
behavior have a reduced expectation of privacy because of the public'
s interest in public safety.
(4) In balancing the offenders' due process and other rights
against the interests of public security, the Legislature finds that
releasing information about *** offenders under the circumstances
specified in the *** Offender Punishment, Control, and Containment
Act of 2006 will further the primary government interest of
protecting vulnerable populations from potential harm.
(5) The registration of *** offenders, the public release of
specified information about certain *** offenders pursuant to
Sections 290 and 290.4, and public notice of the presence of certain
high risk *** offenders in communities will further the governmental
interests of public safety and public scrutiny of the criminal and
mental health systems that deal with these offenders.
(6) To protect the safety and general welfare of the people of
this state, it is necessary to provide for continued registration of
*** offenders, for the public release of specified information
regarding certain more serious *** offenders, and for community
notification regarding high risk *** offenders who are about to be
released from custody or who already reside in communities in this
state. This policy of authorizing the release of necessary and
relevant information about serious and high risk *** offenders to
members of the general public is a means of assuring public
protection and shall not be construed as punitive.
(7) The Legislature also declares, however, that in making
information available about certain *** offenders to the public, it
does not intend that the information be used to inflict retribution
or additional punishment on any person convicted of a *** offense.
While the Legislature is aware of the possibility of misuse, it finds
that the dangers to the public of nondisclosure far outweigh the
risk of possible misuse of the information. The Legislature is
further aware of studies in Oregon and Washington indicating that
community notification laws and public release of similar information
in those states have resulted in little criminal misuse of the
information and that the enhancement to public safety has been
significant.
(b) In enacting the *** Offender Punishment, Control, and
Containment Act of 2006, the Legislature hereby creates a
standardized, statewide system to identify, assess, monitor and
contain known *** offenders for the purpose of reducing the risk of
recidivism posed by these offenders, thereby protecting victims and
potential victims from future harm.


290.04. (a) (1) The *** offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each population, as the State-Authorized Risk
Assessment Tool for *** Offenders (SARATSO). If a SARATSO has not
been selected for a given population pursuant to this section, no
duty to administer the SARATSO elsewhere in this code shall apply
with respect to that population. Every person required to register as
a *** offender shall be subject to assessment with the SARATSO as
set forth in this section and elsewhere in this code.
(2) A representative of the State Department of Mental Health, in
consultation with a representative of the Department of Corrections
and Rehabilitation and a representative of the Attorney General's
office, shall comprise the SARATSO Review Committee. The purpose of
the committee, which shall be staffed by the State Department of
Mental Health, shall be to ensure that the SARATSO reflects the most
reliable, objective and well-established protocols for predicting ***
offender risk of recidivism, has been scientifically validated and
cross validated, and is, or is reasonably likely to be, widely
accepted by the courts. The committee shall consult with experts in
the fields of risk assessment and the use of actuarial instruments in
predicting *** offender risk, *** offending, *** offender treatment,
mental health, and law, as it deems appropriate.
(b) (1) Commencing January 1, 2007, the SARATSO for adult males
required to register as *** offenders shall be the STATIC-99 risk
assessment scale.
(2) On or before January 1, 2008, the SARATSO Review Committee
shall determine whether the STATIC-99 should be supplemented with an
actuarial instrument that measures dynamic risk factors or whether
the STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool. If the committee unanimously agrees on changes to
be made to the SARATSO, it shall advise the Governor and the
Legislature of the changes, and the State Department of Mental Health
shall post the decision on its Internet Web site. Sixty days after
the decision is posted, the selected tool shall become the SARATSO
for adult males.
(c) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for adult females required to register
as *** offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for adult
females.
(d) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for male juveniles required to
register as *** offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for male
juveniles.
(e) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for female juveniles required to
register as *** offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for female
juveniles.
(f) The committee shall periodically evaluate the SARATSO for each
specified population. If the committee unanimously agrees on a
change to the SARATSO for any population, it shall advise the
Governor and the Legislature of the selected tool, and the State
Department of Mental Health shall post the decision on its Internet
Web site. Sixty days after the decision is posted, the selected tool
shall become the SARATSO for that population.
(g) The committee shall perform other functions consistent with
the provisions of this act or as may be otherwise required by law,
including, but not limited to, defining tiers of risk based on the
SARATSO. The committee shall be immune from liability for good faith
conduct under this act.



290.05. (a) The SARATSO Training Committee shall be comprised of a
representative of the State Department of Mental Health, a
representative of the Department of Corrections and Rehabilitation, a
representative of the Attorney General's Office, and a
representative of the Chief Probation Officers of California.
(b) On or before January 1, 2008, the SARATSO Training Committee,
in consultation with the Corrections Standards Authority and the
Commission on Peace Officer Standards and Training, shall develop a
training program for persons authorized by this code to administer
the SARATSO, as set forth in Section 290.04.
(c) (1) The Department of Corrections and Rehabilitation shall be
responsible for overseeing the training of persons who will
administer the SARATSO pursuant to paragraph (1) or (2) of
subdivision (a) of Section 290.06.
(2) The State Department of Mental Health shall be responsible for
overseeing the training of persons who will administer the SARATSO
pursuant to paragraph (3) of subdivision (a) of Section 290.06.
(3) The Correction Standards Authority shall be responsible for
developing standards for the training of persons who will administer
the SARATSO pursuant to paragraph (4) or (5) of subdivision (a) of
Section 290.06.
(4) The Commission on Peace Officer Standards and Training shall
be responsible for developing standards for the training of persons
who will administer the SARATSO pursuant to subdivision (c) of
Section 290.06.
(d) The training shall be conducted by experts in the field of
risk assessment and the use of actuarial instruments in predicting
*** offender risk. Subject to requirements established by the
committee, the Department of Corrections and Rehabilitation, the
State Department of Mental Health, probation departments, and
authorized local law enforcement agencies shall designate key persons
within their organizations to attend training and, as authorized by
the department, to train others within their organizations designated
to perform risk assessments as required or authorized by law. Any
person who administers the SARATSO shall receive training no less
frequently than every two years.
(e) The SARATSO may be performed for purposes authorized by
statute only by persons trained pursuant to this section.



290.06. Effective on or before July 1, 2008, the SARATSO, as set
forth in Section 290.04, shall be administered as follows:
(a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
(2) The department shall assess every eligible person who is on
parole. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole.
(3) The Department of Mental Health shall assess every eligible
person who is committed to that department. Whenever possible, the
assessment shall take place at least four months, but no sooner than
10 months, prior to release from commitment.
(4) Each probation department shall assess every eligible person
for whom it prepares a report pursuant to Section 1203.
(5) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (4).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
(b) If a person required to be assessed pursuant to subdivision
(a) was assessed pursuant to that subdivision within the previous
five years, a reassessment is permissible but not required.
(c) The SARATSO Review Committee established pursuant to Section
290.04, in consultation with local law enforcement agencies, shall
establish a plan and a schedule for assessing eligible persons not
assessed pursuant to subdivision (a). The plan shall provide for
adult males to be assessed on or before January 1, 2012, and for
females and juveniles to be assessed on or before January 1, 2013,
and it shall give priority to assessing those persons most recently
convicted of an offense requiring registration as a *** offender. On
or before January 15, 2008, the committee shall introduce legislation
to implement the plan.
(d) On or before January 1, 2008, the SARATSO Review Committee
shall research the appropriateness and feasibility of providing a
means by which an eligible person subject to assessment may, at his
or her own expense, be assessed with the SARATSO by a governmental
entity prior to his or her scheduled assessment. If the committee
unanimously agrees that such a process is appropriate and feasible,
it shall advise the Governor and the Legislature of the selected
tool, and it shall post its decision on the Department of Corrections
and Rehabilitation's Internet Web site. Sixty days after the
decision is posted, the established process shall become effective.
(e) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a *** offender pursuant to Section 290 and who has not been
assessed with the SARATSO within the previous five years.



290.07. Notwithstanding any other provision of law, any person
authorized by statute to administer the State Authorized Risk
Assessment Tool for *** Offenders and trained pursuant to Section
290.06 shall be granted access to all relevant records pertaining to
a registered *** offender, including, but not limited to, criminal
histories, *** offender registration records, police reports,
probation and presentencing reports, judicial records and case files,
juvenile records, psychological evaluations and psychiatric hospital
reports, ***ually violent predator treatment program reports, and
records that have been sealed by the courts or the Department of
Justice. Records and information obtained under this section 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.


290.08. Every district attorney's office and the Department of
Justice shall retain records relating to a person convicted of an
offense for which registration is required pursuant to Section 290
for a period of 75 years after disposition of the case.




290.3. (a) Every person who is convicted of any offense specified
in subdivision (c) of Section 290 shall, in addition to any
imprisonment or fine, or both, imposed for commission of the
underlying offense, be punished by a fine of three hundred dollars
($300) upon the first conviction or a fine of five hundred dollars
($500) upon the second and each subsequent conviction, unless the
court determines that the defendant does not have the ability to pay
the fine.
An amount equal to all fines collected pursuant to this
subdivision during the preceding month upon conviction of, or upon
the forfeiture of bail by, any person arrested for, or convicted of,
committing an offense specified in subdivision (c) of Section 290,
shall be transferred once a month by the county treasurer to the
Controller for deposit in the General Fund. Moneys deposited in the
General Fund pursuant to this subdivision shall be transferred by the
Controller as provided in subdivision (b).
(b) Except as provided in subdivision (d), out of the moneys
deposited pursuant to subdivision (a) as a result of second and
subsequent convictions of Section 290, one-third shall first be
transferred to the Department of Justice ***ual Habitual Offender
Fund, as provided in paragraph (1) of this subdivision. Out of the
remainder of all moneys deposited pursuant to subdivision (a), 50
percent shall be transferred to the Department of Justice ***ual
Habitual Offender Fund, as provided in paragraph (1), 25 percent
shall be transferred to the Department of Justice DNA Testing Fund,
as provided in paragraph (2), and 25 percent shall be allocated
equally to counties that maintain a local DNA testing laboratory, as
provided in paragraph (3).
(1) Those moneys so designated shall be transferred to the
Department of Justice ***ual Habitual Offender Fund created pursuant
to paragraph (5) of subdivision (b) of Section 11170 and, when
appropriated by the Legislature, shall be used for the purposes of
Chapter 9.5 (commencing with Section 13885) and Chapter 10
(commencing with Section 13890) of Title 6 of Part 4 for the purpose
of monitoring, apprehending, and prosecuting ***ual habitual
offenders.
(2) Those moneys so designated shall be directed to the Department
of Justice and transferred to the Department of Justice DNA Testing
Fund, which is hereby created, for the exclusive purpose of testing
deoxyribonucleic acid (DNA) samples for law enforcement purposes. The
moneys in that fund shall be available for expenditure upon
appropriation by the Legislature.
(3) Those moneys so designated shall be allocated equally and
distributed quarterly to counties that maintain a local DNA testing
laboratory. Before making any allocations under this paragraph, the
Controller shall deduct the estimated costs that will be incurred to
set up and administer the payment of these funds to the counties. Any
funds allocated to a county pursuant to this paragraph shall be used
by that county for the exclusive purpose of testing DNA samples for
law enforcement purposes.
(c) Notwithstanding any other provision of this section, the
Department of Corrections and Rehabilitation may collect a fine
imposed pursuant to this section from a person convicted of a
violation of any offense listed in subdivision (c) of Section 290,
that results in incarceration in a facility under the jurisdiction of
the Department of Corrections and Rehabilitation. All moneys
collected by the Department of Corrections and Rehabilitation under
this subdivision shall be transferred, once a month, to the
Controller for deposit in the General Fund, as provided in
subdivision (a), for transfer by the Controller, as provided in
subdivision (b).
(d) An amount equal to one hundred dollars ($100) for every fine
imposed pursuant to subdivision (a) in excess of one hundred dollars
($100) shall be transferred to the Department of Corrections and
Rehabilitation to defray the cost of the global positioning system
used to monitor *** offender parolees.



290.4. (a) The department shall operate a service through which
members of the public may provide a list of at least six persons on a
form approved by the Department of Justice and inquire whether any
of those persons is required to register as a *** offender and is
subject to public notification. The Department of Justice shall
respond with information on any person as to whom information may be
available to the public via the Internet Web site as provided in
Section 290.46, to the extent that information may be disclosed
pursuant to Section 290.46. The Department of Justice may establish a
fee for requests, including all actual and reasonable costs
associated with the service.
(b) The income from the operation of the service specified in
subdivision (a) shall be deposited in the ***ual Predator Public
Information Account within the Department of Justice for the purpose
of the implementation of this section by the Department of Justice.
The moneys in the account shall consist of income from the
operation of the service authorized by subdivision (a), and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subdivision (a).
(c) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(d) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the service specified in subdivision (a), in violation of paragraph
(2), the Attorney General, any district attorney, or city attorney,
or any person aggrieved by the misuse of the service is authorized to
bring a civil action in the appropriate court requesting preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order against the person or
group of persons responsible for the pattern or practice of misuse.
The foregoing remedies shall be independent of any other remedies or
procedures that may be available to an aggrieved party under other
provisions of law, including Part 2 (commencing with Section 43) of
Division 1 of the Civil Code.
(e) The Department of Justice and its employees shall be immune
from liability for good faith conduct under this section.
(f) The public notification provisions of this section are
applicable to every person described in subdivision (a), without
regard to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense subject
to public notification pursuant to Section 290.46, regardless of
when it was committed.
(g) On or before July 1, 2006, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.



290.45. (a) (1) Notwithstanding any other provision of law, and
except as provided in paragraph (2), any designated law enforcement
entity may provide information to the public about a person required
to register as a *** offender pursuant to Section 290, by whatever
means the entity deems appropriate, when necessary to ensure the
public safety based upon information available to the entity
concerning that specific person.
(2) The law enforcement entity shall include, with the disclosure,
a statement that the purpose of the release of information is to
allow members of the public to protect themselves and their children
from *** offenders.
(3) Community notification by way of an Internet Web site shall be
governed by Section 290.46, and a designated law enforcement entity
may not post on an Internet Web site any information identifying an
individual as a person required to register as a *** offender except
as provided in that section unless there is a warrant outstanding for
that person's arrest.
(b) Information that may be provided pursuant to subdivision (a)
may include, but is not limited to, the offender's name, known
aliases, gender, race, physical description, photograph, date of
birth, address, which shall be verified prior to publication,
description and license plate number of the offender's vehicles or
vehicles the offender is known to drive, type of victim targeted by
the offender, relevant parole or probation conditions, crimes
resulting in classification under this section, and date of release
from confinement, but excluding information that would identify the
victim.
(c) (1) The designated law enforcement entity may authorize
persons and entities who receive the information pursuant to this
section to disclose information to additional persons only if the
entity determines that disclosure to the additional persons will
enhance the public safety and identifies the appropriate scope of
further disclosure. A law enforcement entity may not authorize any
disclosure of this information by its placement on an Internet Web
site.
(2) A person who receives information from a law enforcement
entity pursuant to paragraph (1) may disclose that information only
in the manner and to the extent authorized by the law enforcement
entity.
(d) (1) A designated law enforcement entity and its employees
shall be immune from liability for good faith conduct under this
section.
(2) Any public or private educational institution, day care
facility, or any child care custodian described in Section 11165.7,
or any employee of a public or private educational institution or day
care facility which in good faith disseminates information as
authorized pursuant to subdivision (c) shall be immune from civil
liability.
(e) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000).
(f) For purposes of this section, "designated law enforcement
entity" means the Department of Justice, every district attorney, the
Department of Corrections, the Department of the Youth Authority,
and every state or local agency expressly authorized by statute to
investigate or prosecute law violators.
(g) The public notification provisions of this section are
applicable to every person required to register pursuant to Section
290, without regard to when his or her crimes were committed or his
or her duty to register pursuant to Section 290 arose, and to every
offense described in Section 290, regardless of when it was
committed.



290.46. (a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information concerning
persons who are required to register pursuant to Section 290 to the
public via an Internet Web site as specified in this section. The
department shall update the Internet Web site on an ongoing basis.
All information identifying the victim by name, birth date, address,
or relationship to the registrant shall be excluded from the Internet
Web site. The name or address of the person's employer and the
listed person's criminal history other than the specific crimes for
which the person is required to register shall not be included on the
Internet Web site. The Internet Web site shall be translated into
languages other than English as determined by the department.
(2) (A) On or before July 1, 2010, the Department of Justice shall
make available to the public, via an Internet Web site as specified
in this section, as to any person described in subdivisions (b), (c),
or (d), the following information:
(i) The year of conviction of his or her most recent offense
requiring registration pursuant to Section 290.
(ii) The year he or she was released from incarceration for that
offense.
(iii) Whether he or she was subsequently incarcerated for any
other felony, if that fact is reported to the department. If the
department has no information about a subsequent incarceration for
any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the
public unless the department also is able to make available the
corresponding year of release of incarceration for that offense, and
the required notation regarding any subsequent felony.
(B) (i) Any state facility that releases from incarceration a
person who was incarcerated because of a crime for which he or she is
required to register as a *** offender pursuant to Section 290
shall, within 30 days of release, provide the year of release for his
or her most recent offense requiring registration to the Department
of Justice in a manner and format approved by the department.
(ii) Any state facility that releases a person who is required to
register pursuant to Section 290 from incarceration whose
incarceration was for a felony committed subsequently to the offense
for which he or she is required to register shall, within 30 days of
release, advise the Department of Justice of that fact.
(iii) Any state facility that, prior to January 1, 2007, released
from incarceration a person who was incarcerated because of a crime
for which he or she is required to register as a *** offender
pursuant to Section 290 shall provide the year of release for his or
her most recent offense requiring registration to the Department of
Justice in a manner and format approved by the department. The
information provided by the Department of Corrections and
Rehabilitation shall be limited to information that is currently
maintained in an electronic format.
(iv) Any state facility that, prior to January 1, 2007, released a
person who is required to register pursuant to Section 290 from
incarceration whose incarceration was for a felony committed
subsequently to the offense for which he or she is required to
register shall advise the Department of Justice of that fact in a
manner and format approved by the department. The information
provided by the Department of Corrections and Rehabilitation shall be
limited to information that is currently maintained in an electronic
format.
(3) The State Department of Mental Health shall provide to the
Department of Justice *** Offender Tracking Program the names of all
persons committed to its custody pursuant to Article 4 (commencing
with Section 6600) of Chapter 2 of Part 2 of Division 6 of the
Welfare and Institutions Code, within 30 days of commitment, and
shall provide the names of all of those persons released from its
custody within five working days of release.
(b) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, paragraph (2),
the Department of Justice shall make available to the public via the
Internet Web site his or her name and known aliases, a photograph, a
physical description, including gender and race, date of birth,
criminal history, prior adjudication as a ***ually violent predator,
the address at which the person resides, and any other information
that the Department of Justice deems relevant, but not the
information excluded pursuant to subdivision (a).
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Section 207 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(B) Section 209 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(C) Paragraph (2) or (6) of subdivision (a) of Section 261.
(D) Section 264.1.
(E) Section 269.
(F) Subdivision (c) or (d) of Section 286.
(G) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.
(H) Subdivision (c) or (d) of Section 288a.
(I) Section 288.3, provided that the offense is a felony.
(J) Section 288.4, provided that the offense is a felony.
(K) Section 288.5.
(L) Subdivision (a) or (j) of Section 289.
(M) Section 288.7.
(N) Any person who has ever been adjudicated a ***ually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code.
(c) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in paragraph (2), the Department of
Justice shall make available to the public via the Internet Web site
his or her name and known aliases, a photograph, a physical
description, including gender and race, date of birth, criminal
history, the community of residence and ZIP Code in which the person
resides or the county in which the person is registered as a
transient, and any other information that the Department of Justice
deems relevant, but not the information excluded pursuant to
subdivision (a). On or before July 1, 2006, the Department of Justice
shall determine whether any person convicted of an offense listed in
paragraph (2) also has one or more prior or subsequent convictions
of an offense listed in subdivision (c) of Section 290, and, for
those persons, the Department of Justice shall make available to the
public via the Internet Web site the address at which the person
resides. However, the address at which the person resides shall not
be disclosed until a determination is made that the person is, by
virtue of his or her additional prior or subsequent conviction of an
offense listed in subdivision (c) of Section 290, subject to this
subdivision.
(2) This subdivision shall apply to the following offenses:
(A) Section 220, except assault to commit mayhem.
(B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.

(C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286.
(D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a.
(E) Subdivision (b), (d), (e), or (i) of Section 289.
(d) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, the community of residence and ZIP Code
in which the person resides or the county in which the person is
registered as a transient, and any other information that the
Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a) or the address at which the
person resides.
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Subdivision (a) of Section 243.4, provided that the offense is
a felony.
(B) Section 266, provided that the offense is a felony.
(C) Section 266c, provided that the offense is a felony.
(D) Section 266j.
(E) Section 267.
(F) Subdivision (c) of Section 288, provided that the offense is a
misdemeanor.
(G) Section 288.3, provided that the offense is a misdemeanor.
(H) Section 288.4, provided that the offense is a misdemeanor.
(I) Section 626.81.
(J) Section 647.6.
(K) Section 653c.
(L) Any person required to register pursuant to Section 290 based
upon an out-of-state conviction, unless that person is excluded from
the Internet Web site pursuant to subdivision (e). However, if the
Department of Justice has determined that the out-of-state crime, if
committed or attempted in this state, would have been punishable in
this state as a crime described in subdivision (c) of Section 290,
the person shall be placed on the Internet Web site as provided in
subdivision (b) or (c), as applicable to the crime.
(e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision, and he or she has been convicted of no other offense
listed in subdivision (b), (c), or (d) other than those listed in
this subdivision, that person may file an application with the
Department of Justice, on a form approved by the department, for
exclusion from the Internet Web site. If the department determines
that the person meets the requirements of this subdivision, the
department shall grant the exclusion and no information concerning
the person shall be made available via the Internet Web site
described in this section. He or she bears the burden of proving the
facts that make him or her eligible for exclusion from the Internet
Web site. However, a person who has filed for or been granted an
exclusion from the Internet Web site is not relieved of his or her
duty to register as a *** offender pursuant to Section 290 nor from
any otherwise applicable provision of law.
(2) This subdivision shall apply to the following offenses:
(A) A felony violation of subdivision (a) of Section 243.4.
(B) Section 647.6, if the offense is a misdemeanor.
(C) (i) An offense for which the offender successfully completed
probation, provided that the offender submits to the department a
certified copy of a probation report, presentencing report, report
prepared pursuant to Section 288.1, or other official court document
that clearly demonstrates that the offender was the victim's parent,
stepparent, sibling, or grandparent and that the crime did not
involve either oral copulation or penetration of the vagina or rectum
of either the victim or the offender by the penis of the other or by
any foreign object.
(ii) An offense for which the offender is on probation at the time
of his or her application, provided that the offender submits to the
department a certified copy of a probation report, presentencing
report, report prepared pursuant to Section 288.1, or other official
court document that clearly demonstrates that the offender was the
victim's parent, stepparent, sibling, or grandparent and that the
crime did not involve either oral copulation or penetration of the
vagina or rectum of either the victim or the offender by the penis of
the other or by any foreign object.
(iii) If, subsequent to his or her application, the offender
commits a violation of probation resulting in his or her
incarceration in county jail or state prison, his or her exclusion,
or application for exclusion, from the Internet Web site shall be
terminated.
(iv) For the purposes of this subparagraph, "successfully
completed probation" means that during the period of probation the
offender neither received additional county jail or state prison time
for a violation of probation nor was convicted of another offense
resulting in a sentence to county jail or state prison.
(3) If the department determines that a person who was granted an
exclusion under a former version of this subdivision would not
qualify for an exclusion under the current version of this
subdivision, the department shall rescind the exclusion, make a
reasonable effort to provide notification to the person that the
exclusion has been rescinded, and, no sooner than 30 days after
notification is attempted, make information about the offender
available to the public on the Internet Web site as provided in this
section.
(4) Effective January 1, 2012, no person shall be excluded
pursuant to this subdivision unless the offender has submitted to the
department documentation sufficient for the department to determine
that he or she has a SARATSO risk level of low or moderate-low.
(f) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission or attempted commission of an offense specified in
subdivision (b), (c), or (d), that on or before July 1, 2005, the
department is required to make information about specified ***
offenders available to the public via an Internet Web site as
specified in this section. The Department of Justice shall also make
a reasonable effort to provide notice that some offenders are
eligible to apply for exclusion from the Internet Web site.
(g) (1) A designated law enforcement entity, as defined in
subdivision (f) of Section 290.45, may make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in paragraph
(2).
(2) The law enforcement entity may make available by way of an
Internet Web site the information described in subdivision (c) if it
determines that the public disclosure of the information about a
specific offender by way of the entity's Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.
(3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision (b)
of Section 290.45. However, that offender's address may not be
disclosed unless he or she is a person whose address is on the
Department of Justice's Internet Web site pursuant to subdivision (b)
or (c).
(h) For purposes of this section, "offense" includes the statutory
predecessors of that offense, or any offense committed in another
jurisdiction that, if committed or attempted to be committed in this
state, would have been punishable in this state as an offense listed
in subdivision (c) of Section 290.
(i) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver of
exemptions under Chapter 3.5 (commencing with Section 6250) of Title
1 of Division 7 of the Government Code and does not affect other
statutory restrictions on disclosure in other situations.
(j) (1) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than ten
thousand dollars ($10,000) and not more than fifty thousand dollars
($50,000).
(2) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
(k) Any person who is required to register pursuant to Section 290
who enters an Internet Web site established pursuant to this section
shall be punished by a fine not exceeding one thousand dollars
($1,000), imprisonment in a county jail for a period not to exceed
six months, or by both that fine and imprisonment.
(l) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2
of the Financial Code, Sections 1522.01 and 1596.871 of the Health
and Safety Code, and Section 432.7 of the Labor Code.
(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information available via an Internet Web site established
pursuant to this section in violation of paragraph (2), the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse is authorized to bring a civil action in the
appropriate court requesting preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures
that may be available to an aggrieved party under other provisions of
law, including Part 2 (commencing with Section 43) of Division 1 of
the Civil Code.
(m) The public notification provisions of this section are
applicable to every person described in this section, without regard
to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense
described in this section, regardless of when it was committed.
(n) On or before July 1, 2006, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.
(o) A designated law enforcement entity and its employees shall be
immune from liability for good faith conduct under this section.
(p) The Attorney General, in collaboration with local law
enforcement and others knowledgeable about *** offenders, shall
develop strategies to assist members of the public in understanding
and using publicly available information about registered ***
offenders to further public safety. These strategies may include, but
are not limited to, a hotline for community inquiries, neighborhood
and business guidelines for how to respond to information posted on
this Web site, and any other resource that promotes public education
about these offenders.



290.5. (a) (1) A person required to register under Section 290 for
an offense not listed in paragraph (2), upon obtaining a certificate
of rehabilitation under Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3, shall be relieved of any further duty to
register under Section 290 if he or she is not in custody, on parole,
or on probation.
(2) A person required to register under Section 290, upon
obtaining a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3, shall not be
relieved of the duty to register under Section 290, or of the duty to
register under Section 290 for any offense subject to that section
of which he or she is convicted in the future, if his or her
conviction is for one of the following offenses:
(A) Section 207 or 209 committed with the intent to violate
Section 261, 286, 288, 288a, or 289.
(B) Section 220, except assault to commit mayhem.
(C) Section 243.4, provided that the offense is a felony.
(D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of
Section 261.
(E) Section 264.1.
(F) Section 266, provided that the offense is a felony.
(G) Section 266c, provided that the offense is a felony.
(H) Section 266j.
(I) Section 267.
(J) Section 269.
(K) Paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony.
(L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
(f), (g), (i), (j), or (k) of, Section 286.
(M) Section 288.
(N) Paragraph (1) of subdivision (b) of Section 288a, provided
that the offense is a felony.
(O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
(f), (g), (i), (j), or (k) of, Section 288a.
(P) Section 288.5.
(Q) Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony.
(R) Subdivision (i) or (j) of Section 289.
(S) Section 647.6.
(T) The attempted commission of any of the offenses specified in
this paragraph.
(U) The statutory predecessor of any of the offenses specified in
this paragraph.
(V) Any offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses specified
in this paragraph.
(b) (1) Except as provided in paragraphs (2) and (3), a person
described in paragraph (2) of subdivision (a) shall not be relieved
of the duty to register until that person has obtained a full pardon
as provided in Chapter 1 (commencing with Section 4800) or Chapter 3
(commencing with Section 4850) of Title 6 of Part 3.
(2) This subdivision does not apply to misdemeanor violations of
Section 647.6.
(3) The court, upon granting a petition for a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3, if the petition was granted prior to
January 1, 1998, may relieve a person of the duty to register under
Section 290 for a violation of Section 288 or 288.5, provided that
the person was granted probation pursuant to subdivision (c) of
Section 1203.066, has complied with the provisions of Section 290 for
a continuous period of at least 10 years immediately preceding the
filing of the petition, and has not been convicted of a felony during
that period.


290.6. (a) Fifteen days before the scheduled release date of a
person described in subdivision (b), the Department of Corrections
and Rehabilitation shall provide to local law enforcement all of the
following information regarding the person:
(1) Name.
(2) Community residence and address, including ZIP Code.
(3) Physical description.
(4) Conviction information.
(b) This subdivision shall apply to any person sentenced to the
state prison who is required to register pursuant to Section 290 for
a conviction of an offense specified in subdivision (b), (c), or (d)
of Section 290.46 and to any person described in those subdivisions.

(c) For the purpose of this section, "law enforcement" includes
any agency with which the person will be required to register upon
his or her release pursuant to Section 290 based upon the person's
community of residence upon release.
(d) If it is not possible for the Department of Corrections and
Rehabilitation to provide the information specified in subdivision
(a) on a date that is 15 days before the scheduled release date, the
information shall be provided on the next business day following that
date.
(e) The Department of Corrections and Rehabilitation shall notify
local law enforcement within 36 hours of learning of the change if
the scheduled release date or any of the required information changes
prior to the scheduled release date.



290.7. The Department of Corrections shall provide samples of blood
and saliva taken from a prison inmate pursuant to the DNA and
Forensic Identification Data Base and Data Bank Act of 1998 (Chapter
6 (commencing with Section 295) of Title 9 of Part 1 of the Penal
Code) to the county in which the inmate is to be released if the
county maintains a local DNA testing laboratory.



290.8. Effective January 1, 1999, any local law enforcement agency
that does not register *** offenders during regular daytime business
hours on a daily basis, excluding weekends and holidays, shall notify
the regional parole office for the Department of Corrections and the
regional parole office for the Department of the Youth Authority of
the days, times, and locations the agency is available for
registration of *** offenders pursuant to Section 290.



290.85. (a) Every person released on probation or parole who is
required to register as a *** offender, pursuant to Section 290,
shall provide proof of registration to his or her probation officer
or parole agent within six working days of release on probation or
parole. The six-day period for providing proof of registration may
be extended only upon determination by the probation officer or
parole agent that unusual circumstances exist relating to the
availability of local law enforcement registration capabilities that
preclude the person's ability to meet the deadline.
(b) Every person released on probation or parole who is required
to register as a *** offender pursuant to Section 290 shall provide
proof of any change or update to his or her registration information
to his or her probation officer or parole agent within five working
days for so long as he or she is required to be under the supervision
of a probation officer or parole agent.
(c) A probation officer or parole agent who supervises an
individual who is required to register as a *** offender pursuant to
Section 290 shall inform that individual of his or her duties under
this section not fewer than six days prior to the date on which proof
of registration or proof of any change or update to registration
information is to be provided to the probation officer or parole
agent.
(d) For purposes of this section, "proof of registration" means a
photocopy of the actual registration form. A law enforcement agency
that registers an individual as a *** offender pursuant to Section
290 who is released on probation or parole and is therefore subject
to this section shall provide that individual with proof of his or
her registration free of charge when requested by the registrant to
fulfill the requirements of this section or any other provision of
law.



290.9. Notwithstanding any other provision of law, any state or
local governmental agency shall, upon written request, provide to the
Department of Justice the address of any person represented by the
department to be a person who is in violation of his or her duty to
register under Section 290.



290.95. (a) Every person required to register under Section 290,
who applies or accepts a position as an employee or volunteer with
any person, group, or organization where the registrant would be
working directly and in an unaccompanied setting with minor children
on more than an incidental and occasional basis or have supervision
or disciplinary power over minor children, shall disclose his or her
status as a registrant, upon application or acceptance of a position,
to that person, group, or organization.
(b) Every person required to register under Section 290 who
applies for or accepts a position as an employee or volunteer with
any person, group, or organization where the applicant would be
working directly and in an accompanied setting with minor children,
and the applicant's work would require him or her to touch the minor
children on more than an incidental basis, shall disclose his or her
status as a registrant, upon application or acceptance of the
position, to that person, group, or organization.
(c) No person who is required to register under Section 290
because of a conviction for a crime where the victim was a minor
under 16 years of age shall be an employer, employee, or independent
contractor, or act as a volunteer with any person, group, or
organization in a capacity in which the registrant would be working
directly and in an unaccompanied setting with minor children on more
than an incidental and occasional basis or have supervision or
disciplinary power over minor children. This subdivision shall not
apply to a business owner or an independent contractor who does not
work directly in an unaccompanied setting with minors.
(d) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not exceeding six months, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine, and a violation of this section shall not
constitute a continuing offense.



291. Every sheriff, chief of police, or the Commissioner of the
California Highway Patrol, upon the arrest for any of the offenses
enumerated in Section 290, subdivision (a) of Section 261, or Section
44010 of the Education Code, of any school employee, shall, provided
that he or she knows that the arrestee is a school employee, do
either of the following:
(a) If the school employee is a teacher in any of the public
schools of this state, the sheriff, chief of police, or Commissioner
of the California Highway Patrol shall immediately notify by
telephone the superintendent of schools of the school district
employing the teacher and shall immediately give written notice of
the arrest to the Commission on Teacher Credentialing and to the
superintendent of schools in the county where the person is employed.
Upon receipt of the notice, the county superintendent of schools
and the Commission on Teacher Credentialing shall immediately notify
the governing board of the school district employing the person.
(b) If the school employee is a nonteacher in any of the public
schools of this state, the sheriff, chief of police, or Commissioner
of the California Highway Patrol shall immediately notify by
telephone the superintendent of schools of the school district
employing the nonteacher and shall immediately give written notice of
the arrest to the governing board of the school district employing
the person.


291.1. Every sheriff or chief of police, or Commissioner of the
California Highway Patrol, upon the arrest for any of the offenses
enumerated in Section 290 or Section 44010 of the Education Code, of
any person who is employed as a teacher in any private school of this
state, shall, provided that he or she knows that the arrestee is a
school employee, immediately give written notice of the arrest to the
private school authorities employing the teacher. The sheriff,
chief of police, or Commissioner of the California Highway Patrol,
provided that he or she knows that the arrestee is a school employee,
shall immediately notify by telephone the private school authorities
employing the teacher of the arrest.


291.5. Every sheriff or chief of police, upon the arrest for any of
the offenses enumerated in Section 290 or in subdivision (1) of
Section 261 of any teacher or instructor employed in any community
college district shall immediately notify by telephone the
superintendent of the community college district employing the
teacher or instructor and shall immediately give written notice of
the arrest to the Office of the Chancellor of the California
Community Colleges. Upon receipt of such notice, the district
superintendent shall immediately notify the governing board of the
community college district employing the person.



292. It is the intention of the Legislature in enacting this
section to clarify that for the purposes of subdivisions (b) and (c)
of Section 12 of Article I of the California Constitution, a
violation of paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, subdivision (b) of
Section 288, subdivision (c) or (d) of Section 288a, or subdivision
(a) of Section 289, shall be deemed to be a felony offense involving
an act of violence and a felony offense involving great bodily harm.



293. (a) Any employee of a law enforcement agency who personally
receives a report from any person, alleging that the person making
the report has been the victim of a *** offense, shall inform that
person that his or her name will become a matter of public record
unless he or she requests that it not become a matter of public
record, pursuant to Section 6254 of the Government Code.
(b) Any written report of an alleged *** offense shall indicate
that the alleged victim has been properly informed pursuant to
subdivision (a) and shall memorialize his or her response.
(c) No law enforcement agency shall disclose to any person, except
the prosecutor, parole officers of the Department of Corrections and
Rehabilitation, hearing officers of the parole authority, probation
officers of county probation departments, or other persons or public
agencies where authorized or required by law, the address of a person
who alleges to be the victim of a *** offense.
(d) No law enforcement agency shall disclose to any person, except
the prosecutor, parole officers of the Department of Corrections and
Rehabilitation, hearing officers of the parole authority, probation
officers of county probation departments, or other persons or public
agencies where authorized or required by law, the name of a person
who alleges to be the victim of a *** offense, if that person has
elected to exercise his or her right pursuant to this section and
Section 6254 of the Government Code.
(e) For purposes of this section, *** offense means any crime
listed in paragraph (2) of subdivision (f) of Section 6254 of the
Government Code.
(f) Parole officers of the Department of Corrections and
Rehabilitation and hearing officers of the parole authority, and
probation officers of county probation departments, shall be entitled
to receive information pursuant to subdivisions (c) and (d) only if
the person to whom the information pertains alleges that he or she is
the victim of a *** offense, the alleged perpetrator of which is a
parolee who is alleged to have committed the *** offense while on
parole, or in the case of a county probation officer, the person who
is alleged to have committed the *** offense is a probationer or is
under investigation by a county probation department.



293. (a) Any employee of a law enforcement agency who personally
receives a report from any person, alleging that the person making
the report has been the victim of a *** offense, or was forced to
commit an act of prostitution because he or she is the victim of
human trafficking, as defined in Section 236.1, shall inform that
person that his or her name will become a matter of public record
unless he or she requests that it not become a matter of public
record, pursuant to Section 6254 of the Government Code.
(b) Any written report of an alleged *** offense shall indicate
that the alleged victim has been properly informed pursuant to
subdivision (a) and shall memorialize his or her response.
(c) No law enforcement agency shall disclose to any person, except
the prosecutor, parole officers of the Department of Corrections and
Rehabilitation, hearing officers of the parole authority, probation
officers of county probation departments, or other persons or public
agencies where authorized or required by law, the address of a person
who alleges to be the victim of a *** offense or who was forced to
commit an act of prostitution because he or she is the victim of
human trafficking, as defined in Section 236.1.
(d) No law enforcement agency shall disclose to any person, except
the prosecutor, parole officers of the Department of Corrections and
Rehabilitation, hearing officers of the parole authority, probation
officers of county probation departments, or other persons or public
agencies where authorized or required by law, the name of a person
who alleges to be the victim of a *** offense or who was forced to
commit an act of prostitution because he or she is the victim of
human trafficking, as defined in Section 236.1, if that person has
elected to exercise his or her right pursuant to this section and
Section 6254 of the Government Code.
(e) For purposes of this section, *** offense means any crime
listed in paragraph (2) of subdivision (f) of Section 6254 of the
Government Code.
(f) Parole officers of the Department of Corrections and
Rehabilitation and hearing officers of the parole authority, and
probation officers of county probation departments, shall be entitled
to receive information pursuant to subdivisions (c) and (d) only if
the person to whom the information pertains alleges that he or she is
the victim of a *** offense or was forced to commit an act of
prostitution because he or she is the victim of human trafficking, as
defined in Section 236.1, the alleged perpetrator of which is a
parolee who is alleged to have committed the offense while on parole,
or in the case of a county probation officer, the person who is
alleged to have committed the offense is a probationer or is under
investigation by a county probation department.



293.5. (a) Except as provided in Chapter 10 (commencing with
Section 1054) of Part 2 of Title 7, or for cases in which the alleged
victim of a *** offense, as specified in subdivision (e) of Section
293, has not elected to exercise his or her right pursuant to Section
6254 of the Government Code, the court, at the request of the
alleged victim, may order the identity of the alleged victim in all
records and during all proceedings to be either Jane Doe or John Doe,
if the court finds that such an order is reasonably necessary to
protect the privacy of the person and will not unduly prejudice the
prosecution or the defense.
(b) If the court orders the alleged victim to be identified as
Jane Doe or John Doe pursuant to subdivision (a) and if there is a
jury trial, the court shall instruct the jury, at the beginning and
at the end of the trial, that the alleged victim is being so
identified only for the purpose of protecting his or her privacy
pursuant to this section.



294. (a) Upon conviction of any person for a violation of Section
273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition
to any other penalty or restitution fine imposed, order the
defendant to pay a restitution fine based on the defendant's ability
to pay not to exceed five thousand dollars ($5,000), upon a felony
conviction, or one thousand dollars ($1,000), upon a misdemeanor
conviction, to be deposited in the Restitution Fund to be
transferred to the county children's trust fund for the purposes of
child abuse prevention.
(b) Upon conviction of any person for a violation of Section 261,
264.1, 285, 286, 288a, or 289 where the violation is with a minor
under the age of 14 years, the court may, in addition to any other
penalty or restitution fine imposed, order the defendant to pay a
restitution fine based on the defendant's ability to pay not to
exceed five thousand dollars ($5,000), upon a felony conviction, or
one thousand dollars ($1,000), upon a misdemeanor conviction, to be
deposited in the Restitution Fund to be transferred to the county
children's trust fund for the purpose of child abuse prevention.
(c) If the perpetrator is a member of the immediate family of the
victim, the court shall consider in its decision to impose a fine
under this section any hardship that may impact the victim from the
imposition of the fine.
(d) If the court orders a fine to be imposed pursuant to this
section, 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.

[هيثم الفقى]

DNA AND FORENSIC IDENTIFICATION DATA BASE AND
DATA BANK ACT OF 1998
Purpose and Administration



295. (a) This chapter shall be known and may be cited as the DNA
and Forensic Identification Database and Data Bank Act of 1998, as
amended.
(b) The people of the State of California set forth all of the
following:
(1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a useful law enforcement tool for identifying and
prosecuting criminal offenders and exonerating the innocent.
(2) It is the intent of the people of the State of California, in
order to further the purposes of this chapter, to require DNA and
forensic identification data bank samples from all persons, including
juveniles, for the felony and misdemeanor offenses described in
subdivision (a) of Section 296.
(3) It is necessary to enact this act defining and governing the
state's DNA and forensic identification database and data bank in
order to clarify existing law and to enable the state's DNA and
Forensic Identification Database and Data Bank Program to become a
more effective law enforcement tool.
(c) The purpose of the DNA and Forensic Identification Database
and Data Bank Program is to assist federal, state, and local criminal
justice and law enforcement agencies within and outside California
in the expeditious and accurate detection and prosecution of
individuals responsible for *** offenses and other crimes, the
exclusion of suspects who are being investigated for these crimes,
and the identification of missing and unidentified persons,
particularly abducted children.
(d) Like the collection of fingerprints, the collection of DNA
samples pursuant to this chapter is an administrative requirement to
assist in the accurate identification of criminal offenders.
(e) Unless otherwise requested by the Department of Justice,
collection of biological samples for DNA analysis from qualifying
persons under this chapter is limited to collection of inner cheek
cells of the mouth (buccal swab samples).
(f) The Department of Justice DNA Laboratory may obtain through
federal, state, or local law enforcement agencies blood specimens
from qualifying persons as defined in subdivision (a) of Section 296,
and according to procedures set forth in Section 298, when it is
determined in the discretion of the Department of Justice that such
specimens are necessary in a particular case or would aid the
department in obtaining an accurate forensic DNA profile for
identification purposes.
(g) The Department of Justice, through its DNA Laboratory, shall
be responsible for the management and administration of the state's
DNA and Forensic Identification Database and Data Bank Program and
for liaison with the Federal Bureau of Investigation (FBI) regarding
the state's participation in a national or international DNA database
and data bank program such as the FBI's Combined DNA Index System
(CODIS) that allows the storage and exchange of DNA records submitted
by state and local forensic DNA laboratories nationwide.
(h) The Department of Justice shall be responsible for
implementing this chapter.
(1) The Department of Justice DNA Laboratory, and the Department
of Corrections and Rehabilitation may adopt policies and enact
regulations for the implementation of this chapter, as necessary, to
give effect to the intent and purpose of this chapter, and to ensure
that data bank blood specimens, buccal swab samples, and thumb and
palm print impressions as required by this chapter are collected from
qualifying persons in a timely manner, as soon as possible after
arrest, conviction, or a plea or finding of guilty, no contest, or
not guilty by reason of insanity, or upon any disposition rendered in
the case of a juvenile who is adjudicated under Section 602 of the
Welfare and Institutions Code for commission of any of this chapter's
enumerated qualifying offenses, including attempts, or when it is
determined that a qualifying person has not given the required
specimens, samples or print impressions. Before adopting any policy
or regulation implementing this chapter, the Department of
Corrections and Rehabilitation shall seek advice from and consult
with the Department of Justice DNA Laboratory Director.
(2) Given the specificity of this chapter, and except as provided
in subdivision (c) of Section 298.1, any administrative bulletins,
notices, regulations, policies, procedures, or guidelines adopted by
the Department of Justice and its DNA Laboratory or the Department of
Corrections and Rehabilitation for the purpose of the implementing
this chapter are exempt from the provisions of the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
(3) The Department of Corrections and Rehabilitation shall submit
copies of any of its policies and regulations with respect to this
chapter to the Department of Justice DNA Laboratory Director, and
quarterly shall submit to the director written reports updating the
director as to the status of its compliance with this chapter.
(4) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Justice DNA Laboratory shall submit a quarterly report to be
published electronically on a Department of Justice Internet Web site
and made available for public review. The quarterly report shall
state the total number of samples received, the number of samples
received from the Department of Corrections and Rehabilitation, the
number of samples fully analyzed for inclusion in the CODIS database,
and the number of profiles uploaded into the CODIS database for the
reporting period. Each quarterly report shall state the total,
annual, and quarterly number of qualifying profiles in the Department
of Justice DNA Laboratory data bank both from persons and case
evidence, and the number of hits and investigations aided, as
reported to the National DNA Index System. The quarterly report shall
also confirm the laboratory's accreditation status and participation
in CODIS and shall include an accounting of the funds collected,
expended, and disbursed pursuant to subdivision (k).
(5) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Corrections and Rehabilitation shall submit a quarterly report to
be published electronically on a Department of Corrections and
Rehabilitation Internet Web site and made available for public
review. The quarterly report shall state the total number of inmates
housed in state correctional facilities, including a breakdown of
those housed in state prisons, camps, community correctional
facilities, and other facilities such as prisoner mother facilities.
Each quarterly report shall also state the total, annual, and
quarterly number of inmates who have yet to provide specimens,
samples and print impressions pursuant to this chapter and the number
of specimens, samples and print impressions that have yet to be
forwarded to the Department of Justice DNA Laboratory within 30 days
of collection.
(i) (1) When the specimens, samples, and print impressions
required by this chapter are collected at a county jail or other
county facility, including a private community correctional facility,
the county sheriff or chief administrative officer of the county
jail or other facility shall be responsible for ensuring all of the
following:
(A) The requisite specimens, samples, and print impressions are
collected from qualifying persons immediately following arrest,
conviction, or adjudication, or during the booking or intake or
reception center process at that facility, or reasonably promptly
thereafter.
(B) The requisite specimens, samples, and print impressions are
collected as soon as administratively practicable after a qualifying
person reports to the facility for the purpose of providing
specimens, samples, and print impressions.
(C) The specimens, samples, and print impressions collected
pursuant to this chapter are forwarded immediately to the Department
of Justice, and in compliance with department policies.
(2) The specimens, samples, and print impressions required by this
chapter shall be collected by a person using a collection kit
approved by the Department of Justice and in accordance with the
requirements and procedures set forth in subdivision (b) of Section
298.
(3) The counties shall be reimbursed for the costs of obtaining
specimens, samples, and print impressions subject to the conditions
and limitations set forth by the Department of Justice policies
governing reimbursement for collecting specimens, samples, and print
impressions pursuant to Section 76104.6 of the Government Code.
(j) The trial court may order that a portion of the costs assessed
pursuant to Section 1203.1c, 1203.1e, or 1203.1m include a
reasonable portion of the cost of obtaining specimens, samples, and
print impressions in furtherance of this chapter and the funds
collected pursuant to this subdivision shall be deposited in the DNA
Identification Fund as created by Section 76104.6 of the Government
Code.
(k) The Department of Justice DNA Laboratory shall be known as the
Jan Bashinski DNA Laboratory.



295.1. (a) The Department of Justice shall perform DNA analysis and
other forensic identification analysis pursuant to this chapter only
for identification purposes.
(b) The Department of Justice Bureau of Criminal Identification
and Information shall perform examinations of palm prints pursuant to
this chapter only for identification purposes.
(c) The DNA Laboratory of the Department of Justice shall serve as
a repository for blood specimens and buccal swab and other
biological samples collected, and shall analyze specimens and
samples, and store, compile, correlate, compare, maintain, and use
DNA and forensic identification profiles and records related to the
following:
(1) Forensic casework and forensic unknowns.
(2) Known and evidentiary specimens and samples from crime scenes
or criminal investigations.
(3) Missing or unidentified persons.
(4) Persons required to provide specimens, samples, and print
impressions under this chapter.
(5) Legally obtained samples.
(6) Anonymous DNA records used for training, research, statistical
analysis of populations, quality assurance, or quality control.
(d) The computerized data bank and database of the DNA Laboratory
of the Department of Justice shall include files as necessary to
implement this chapter.
(e) Nothing in this section shall be construed as requiring the
Department of Justice to provide specimens or samples for quality
control or other purposes to those who request specimens or samples.

(f) Submission of samples, specimens, or profiles for the state
DNA Database and Data Bank Program shall include information as
required by the Department of Justice for ensuring search
capabilities and compliance with National DNA Index System (NDIS)
standards.

[هيثم الفقى]

296. (a) The following persons shall provide buccal swab samples,
right thumbprints, and a full palm print impression of each hand, and
any blood specimens or other biological samples required pursuant to
this chapter for law enforcement identification analysis:
(1) Any person, including any juvenile, who is convicted of or
pleads guilty or no contest to any felony offense, or is found not
guilty by reason of insanity of any felony offense, or any juvenile
who is adjudicated under Section 602 of the Welfare and Institutions
Code for committing any felony offense.
(2) Any adult person who is arrested for or charged with any of
the following felony offenses:
(A) Any felony offense specified in Section 290 or attempt to
commit any felony offense described in Section 290, or any felony
offense that imposes upon a person the duty to register in California
as a *** offender under Section 290.
(B) Murder or voluntary manslaughter or any attempt to commit
murder or voluntary manslaughter.
(C) Commencing on January 1 of the fifth year following enactment
of the act that added this subparagraph, as amended, any adult person
arrested or charged with any felony offense.
(3) Any person, including any juvenile, who is required to
register under Section 290 or 457.1 because of the commission of, or
the attempt to commit, a felony or misdemeanor offense, or any
person, including any juvenile, who is housed in a mental health
facility or *** offender treatment program after referral to such
facility or program by a court after being charged with any felony
offense.
(4) The term "felony" as used in this subdivision includes an
attempt to commit the offense.
(5) Nothing in this chapter shall be construed as prohibiting
collection and analysis of specimens, samples, or print impressions
as a condition of a plea for a non-qualifying offense.
(b) The provisions of this chapter and its requirements for
submission of specimens, samples and print impressions as soon as
administratively practicable shall apply to all qualifying persons
regardless of sentence imposed, including any sentence of death, life
without the possibility of parole, or any life or indeterminate
term, or any other disposition rendered in the case of an adult or
juvenile tried as an adult, or whether the person is diverted, fined,
or referred for evaluation, and regardless of disposition rendered
or placement made in the case of juvenile who is found to have
committed any felony offense or is adjudicated under Section 602 of
the Welfare and Institutions Code.
(c) The provisions of this chapter and its requirements for
submission of specimens, samples, and print impressions as soon as
administratively practicable by qualified persons as described in
subdivision (a) shall apply regardless of placement or confinement in
any mental hospital or other public or private treatment facility,
and shall include, but not be limited to, the following persons,
including juveniles:
(1) Any person committed to a state hospital or other treatment
facility as a mentally disordered *** offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
(2) Any person who has a severe mental disorder as set forth
within the provisions of Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
(3) Any person found to be a ***ually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
(d) The provisions of this chapter are mandatory and apply whether
or not the court advises a person, including any juvenile, that he
or she must provide the data bank and database specimens, samples,
and print impressions as a condition of probation, parole, or any
plea of guilty, no contest, or not guilty by reason of insanity, or
any admission to any of the offenses described in subdivision (a).
(e) If at any stage of court proceedings the prosecuting attorney
determines that specimens, samples, and print impressions required by
this chapter have not already been taken from any person, as defined
under subdivision (a) of Section 296, the prosecuting attorney shall
notify the court orally on the record, or in writing, and request
that the court order collection of the specimens, samples, and print
impressions required by law. However, a failure by the prosecuting
attorney or any other law enforcement agency to notify the court
shall not relieve a person of the obligation to provide specimens,
samples, and print impressions pursuant to this chapter.
(f) Prior to final disposition or sentencing in the case the court
shall inquire and verify that the specimens, samples, and print
impressions required by this chapter have been obtained and that this
fact is included in the abstract of judgment or dispositional order
in the case of a juvenile. The abstract of judgment issued by the
court shall indicate that the court has ordered the person to comply
with the requirements of this chapter and that the person shall be
included in the state's DNA and Forensic Identification Data Base and
Data Bank program and be subject to this chapter.
However, failure by the court to verify specimen, sample, and
print impression collection or enter these facts in the abstract of
judgment or dispositional order in the case of a juvenile shall not
invalidate an arrest, plea, conviction, or disposition, or otherwise
relieve a person from the requirements of this chapter.



296.1. (a) The specimens, samples, and print impressions required
by this chapter shall be collected from persons described in
subdivision (a) of Section 296 for present and past qualifying
offenses of record as follows:
(1) Collection from any adult person following arrest for a felony
offense as specified in subparagraphs (A), (B), and (C) of paragraph
(2) of subdivision (a) of Section 296:
(A) Each adult person arrested for a felony offense as specified
in subparagraphs (A), (B), and (C) of paragraph (2) of subdivision
(a) of Section 296 shall provide the buccal swab samples and thumb
and palm print impressions and any blood or other specimens required
pursuant to this chapter immediately following arrest, or during the
booking or intake or prison reception center process or as soon as
administratively practicable after arrest, but, in any case, prior to
release on bail or pending trial or any physical release from
confinement or custody.
(B) If the person subject to this chapter did not have specimens,
samples, and print impressions taken immediately following arrest or
during booking or intake procedures or is released on bail or pending
trial or is not confined or incarcerated at the time of sentencing
or otherwise bypasses a prison inmate reception center maintained by
the Department of Corrections and Rehabilitation, the court shall
order the person to report within five calendar days to a county jail
facility or to a city, state, local, private, or other designated
facility to provide the required specimens, samples, and print
impressions in accordance with subdivision (i) of Section 295.
(2) Collection from persons confined or in custody after
conviction or adjudication:
(A) Any person, including any juvenile who is imprisoned or
confined or placed in a state correctional institution, a county
jail, a facility within the jurisdiction of the Department of
Corrections and Rehabilitation, the Corrections Standards Authority,
a residential treatment program, or any state, local, city, private,
or other facility after a conviction of any felony or misdemeanor
offense, or any adjudication or disposition rendered in the case of a
juvenile, whether or not that crime or offense is one set forth in
subdivision (a) of Section 296, shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, immediately at intake, or during
the prison reception center process, or as soon as administratively
practicable at the appropriate custodial or receiving institution or
the program in which the person is placed, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(3) Collection from persons on probation, parole, or other
release:
(A) Any person, including any juvenile, who has a record of any
past or present conviction or adjudication for an offense set forth
in subdivision (a) of Section 296, and who is on probation or parole
for any felony or misdemeanor offense, whether or not that crime or
offense is one set forth in subdivision (a) of Section 296, shall
provide buccal swab samples and thumb and palm print impressions and
any blood specimens required pursuant to this chapter, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(B) The person shall have any required specimens, samples, and
print impressions collected within five calendar days of being
notified by the court, or a law enforcement agency or other agency
authorized by the Department of Justice. The specimens, samples, and
print impressions shall be collected in accordance with subdivision
(i) of Section 295 at a county jail facility or a city, state, local,
private, or other facility designated for this collection.
(4) Collection from parole violators and others returned to
custody:
(A) If a person, including any juvenile, who has been released on
parole, furlough, or other release for any offense or crime, whether
or not set forth in subdivision (a) of Section 296, is returned to a
state correctional or other institution for a violation of a
condition of his or her parole, furlough, or other release, or for
any other reason, that person shall provide buccal swab samples and
thumb and palm print impressions and any blood or other specimens
required pursuant to this chapter, at a state correctional or other
receiving institution, if:
(i) The person has a record of any past or present conviction or
adjudication as a ward of the court in California of a qualifying
offense described in subdivision (a) of Section 296 or has a record
of any past or present conviction or adjudication in any other court,
including any state, federal, or military court, of any offense
that, if committed or attempted in this state, would have been
punishable as an offense described in subdivision (a) of Section 296;
and
(ii) The person's blood specimens, buccal swab samples, and thumb
and palm print impressions authorized by this chapter are not in the
possession of the Department of Justice DNA Laboratory or have not
been recorded as part of the department's DNA databank program.
(5) Collection from persons accepted into California from other
jurisdictions:
(A) When an offender from another state is accepted into this
state under any of the interstate compacts described in Article 3
(commencing with Section 11175) or Article 4 (commencing with Section
11189) of Chapter 2 of Title 1 of Part 4 of this code, or Chapter 4
(commencing with Section 1300) of Part 1 of Division 2 of the Welfare
and Institutions Code, or under any other reciprocal agreement with
any county, state, or federal agency, or any other provision of law,
whether or not the offender is confined or released, the acceptance
is conditional on the offender providing blood specimens, buccal swab
samples, and palm and thumb print impressions pursuant to this
chapter, if the offender has a record of any past or present
conviction or adjudication in California of a qualifying offense
described in subdivision (a) of Section 296 or has a record of any
past or present conviction or adjudication or had a disposition
rendered in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as an offense described in
subdivision (a) of Section 296.
(B) If the person is not confined, the specimens, samples, and
print impressions required by this chapter must be provided within
five calendar days after the person reports to the supervising agent
or within five calendar days of notice to the person, whichever
occurs first. The person shall report to a county jail facility in
the county where he or she resides or temporarily is located to have
the specimens, samples, and print impressions collected pursuant to
this chapter. The specimens, samples, and print impressions shall be
collected in accordance with subdivision (i) of Section 295.
(C) If the person is confined, he or she shall provide the blood
specimens, buccal swab samples, and thumb and palm print impressions
required by this chapter as soon as practicable after his or her
receipt in a state, county, city, local, private, or other designated
facility.
(6) Collection from persons in federal institutions:
(A) Subject to the approval of the Director of the FBI, persons
confined or incarcerated in a federal prison or federal institution
who have a record of any past or present conviction or juvenile
adjudication for a qualifying offense described in subdivision (a) of
Section 296, or of a similar crime under the laws of the United
States or any other state that would constitute an offense described
in subdivision (a) of Section 296, are subject to this chapter and
shall provide blood specimens, buccal swab samples, and thumb and
palm print impressions pursuant to this chapter if any of the
following apply:
(i) The person committed a qualifying offense in California.
(ii) The person was a resident of California at the time of the
qualifying offense.
(iii) The person has any record of a California conviction for an
offense described in subdivision (a) of Section 296, regardless of
when the crime was committed.
(iv) The person will be released in California.
(B) The Department of Justice DNA Laboratory shall, upon the
request of the United States Department of Justice, forward portions
of the specimens or samples, taken pursuant to this chapter, to the
United States Department of Justice DNA databank laboratory. The
specimens and samples required by this chapter shall be taken in
accordance with the procedures set forth in subdivision (i) of
Section 295. The Department of Justice DNA Laboratory is authorized
to analyze and upload specimens and samples collected pursuant to
this section upon approval of the Director of the FBI.
(b) Paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
shall have retroactive application. Collection shall occur pursuant
to paragraphs (2), (3), (4), (5), and (6) of subdivision (a)
regardless of when the crime charged or committed became a qualifying
offense pursuant to this chapter, and regardless of when the person
was convicted of the qualifying offense described in subdivision (a)
of Section 296 or a similar crime under the laws of the United States
or any other state, or pursuant to the United States Code of
Military Justice, 10 U.S.C., Sections 801 and following, or when a
juvenile petition is sustained for commission of a qualifying offense
described in subdivision (a) of Section 296 or a similar crime under
the laws of the United States or any other state.



296.2. (a) Whenever the DNA Laboratory of the Department of Justice
notifies the Department of Corrections and Rehabilitation or any law
enforcement agency that a biological specimen or sample, or print
impression is not usable for any reason, the person who provided the
original specimen, sample, or print impression shall submit to
collection of additional specimens, samples, or print impressions.
The Department of Corrections and Rehabilitation or other responsible
law enforcement agency shall collect additional specimens, samples,
and print impressions from these persons as necessary to fulfill the
requirements of this chapter, and transmit these specimens, samples,
and print impressions to the appropriate agencies of the Department
of Justice.
(b) If a person, including any juvenile, is convicted of, pleads
guilty or no contest to, is found not guilty by reason of insanity
of, or is adjudged a ward of the court under Section 602 of the
Welfare and Institutions Code for committing, any of the offenses
described in subdivision (a) of Section 296, and has given a blood
specimen or other biological sample or samples to law enforcement for
any purpose, the DNA Laboratory of the Department of Justice is
authorized to analyze the blood specimen and other biological sample
or samples for forensic identification markers, including DNA
markers, and to include the DNA and forensic identification profiles
from these specimens and samples in the state's DNA and forensic
identification databank and databases.
This subdivision applies whether or not the blood specimen or
other biological sample originally was collected from the ***ual or
violent offender pursuant to the databank and database program, and
whether or not the crime committed predated the enactment of the
state's DNA and forensic identification databank program, or any
amendments thereto. This subdivision does not relieve a person
convicted of a crime described in subdivision (a) of Section 296, or
otherwise subject to this chapter, from the requirement to give blood
specimens, saliva samples, and thumb and palm print impressions for
the DNA and forensic identification databank and database program as
described in this chapter.
(c) Any person who is required to register under the *** Offender
Registration Act who has not provided the specimens, samples, and
print impressions described in this chapter for any reason including
the release of the person prior to the enactment of the state's DNA
and forensic identification database and databank program, an
oversight or error, or because of the transfer of the person from
another state, the person, as an additional requirement of
registration or of updating his or her annual registration pursuant
to the *** Offender Registration Act shall give specimens, samples,
and print impressions as described in this chapter for inclusion in
the state's DNA and forensic identification database and databank.
At the time the person registers or updates his or her
registration, he or she shall receive an appointment designating a
time and place for the collection of the specimens, samples, and
print impressions described in this chapter, if he or she has not
already complied with the provisions of this chapter.
As specified in the appointment, the person shall report to a
county jail facility in the county where he or she resides or is
temporarily located to have specimens, samples, and print impressions
collected pursuant to this chapter or other facility approved by the
Department of Justice for this collection. The specimens, samples,
and print impressions shall be collected in accordance with
subdivision (f) of Section 295.
If, prior to the time of the annual registration update, a person
is notified by the Department of Justice, a probation or parole
officer, other law enforcement officer, or officer of the court, that
he or she is subject to this chapter, then the person shall provide
the specimens, samples, and print impressions required by this
chapter within 10 calendar days of the notification at a county jail
facility or other facility approved by the department for this
collection.

[هيثم الفقى]

297. (a) Subject to the limitations in paragraph (3) of this
subdivision, only the following laboratories are authorized to
analyze crime scene samples and other forensic identification samples
of known and unknown origin and to upload and compare those profiles
against available state and national DNA and forensic identification
databanks and databases in order to establish identity and origin of
samples for forensic identification purposes pursuant to this
chapter:
(1) The DNA laboratories of the Department of Justice that meet
state and federal requirements, including the Federal Bureau of
Investigation (FBI) Quality Assurance Standards, and that are
accredited by an organization approved by the National DNA Index
System (NDIS) Procedures Board.
(2) Public law enforcement crime laboratories designated by the
Department of Justice that meet state and federal requirements,
including the FBI Quality Assurance Standards, and that are
accredited by an organization approved by the NDIS Procedures Board.

(3) Only the laboratories of the Department of Justice that meet
the requirements of paragraph (1) of subdivision (a) are authorized
to upload DNA profiles from arrestees and other qualifying offender
samples collected pursuant to this section, Section 296, and Section
296.2.
(b) The laboratories of the Department of Justice and public law
enforcement crime laboratories that meet the requirements of
subdivision (a) may, subject to the laboratory's discretion, and the
limitations of paragraph (3) of subdivision (a), upload to available
state and national DNA and forensic identification databanks and
databases qualifying DNA profiles from forensic identification
samples of known and unknown origin that are generated by private
forensic laboratories that meet state and federal requirements,
including the FBI Quality Assurance Standards, and that are
accredited by an organization approved by the NDIS Procedures Board.
Prior to uploading DNA profiles generated by a private laboratory,
the public laboratory shall conduct the quality assessment and review
required by the FBI Quality Assurance Standards.
(c) (1) A biological sample obtained from a suspect in a criminal
investigation for the commission of any crime may be analyzed for
forensic identification profiles, including DNA profiles, by the DNA
Laboratory of the Department of Justice or any law enforcement crime
laboratory or private forensic laboratory that meets all of the FBI
Quality Assurance Standards and accreditation requirements in
paragraphs (1) and (2) of subdivision (a) and then compared by the
Department of Justice in and between as many cases and investigations
as necessary, and searched against the forensic identification
profiles, including DNA profiles, stored in the files of the
Department of Justice DNA databank or database or any available
databanks or databases as part of the Department of Justice DNA
Database and databank Program.
(2) The law enforcement investigating agency submitting a
specimen, sample, or print impression to the DNA Laboratory of the
Department of Justice or law enforcement crime laboratory pursuant to
this section shall inform the Department of Justice DNA Laboratory
within two years whether the person remains a suspect in a criminal
investigation. Upon written notification from a law enforcement
agency that a person is no longer a suspect in a criminal
investigation, the Department of Justice DNA Laboratory shall remove
the suspect sample from its databank files and databases. However,
any identification, warrant, arrest, or prosecution based upon a
databank or database match shall not be invalidated or dismissed due
to a failure to purge or delay in purging records.
(d) All laboratories, including the Department of Justice DNA
laboratories, contributing DNA profiles for inclusion in California's
DNA databank shall meet state and federal requirements, including
the FBI Quality Assurance Standards and accreditation requirements,
and shall be accredited by an organization approved by the National
DNA Index System (NDIS) Procedures Board. Additionally, each
laboratory shall submit to the Department of Justice for review the
annual report required by the submitting laboratory's accrediting
organization that documents the laboratory's adherence to FBI Quality
Assurance Standards and the standards of the accrediting
organization. The requirements of this subdivision do not preclude
DNA profiles developed in California from being searched in the NDIS.

(e) Nothing in this section precludes local law enforcement DNA
laboratories from maintaining local forensic databases and databanks
or performing forensic identification analyses, including DNA
profiling, independently from the Department of Justice DNA
laboratories and Forensic Identification Data Base and databank
Program.
(f) The limitation on the types of offenses set forth in
subdivision (a) of Section 296 as subject to the collection and
testing procedures of this chapter is for the purpose of facilitating
the administration of this chapter by the Department of Justice, and
shall not be considered cause for dismissing an investigation or
prosecution or reversing a verdict or disposition.
(g) The detention, arrest, wardship, adjudication, or conviction
of a person based upon a databank match or database information is
not invalidated if it is determined that the specimens, samples, or
print impressions were obtained or placed or retained in a databank
or database by mistake.

[هيثم الفقى]

298. (a) The Director of Corrections, or the Chief Administrative
Officer of the detention facility, jail, or other facility at which
the blood specimens, buccal swab samples, and thumb and palm print
impressions were collected shall cause these specimens, samples, and
print impressions to be forwarded promptly to the Department of
Justice. The specimens, samples, and print impressions shall be
collected by a person using a Department of Justice approved
collection kit and in accordance with the requirements and procedures
set forth in subdivision (b).
(b) (1) The Department of Justice shall provide all blood specimen
vials, buccal swab collectors, mailing tubes, labels, and
instructions for the collection of the blood specimens, buccal swab
samples, and thumbprints. The specimens, samples, and thumbprints
shall thereafter be forwarded to the DNA Laboratory of the Department
of Justice for analysis of DNA and other forensic identification
markers.
Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints. The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file for
identification purposes.
(2) The withdrawal of blood shall be performed in a medically
approved manner. Only health care providers trained and certified to
draw blood may withdraw the blood specimens for purposes of this
section.
(3) Buccal swab samples may be procured by law enforcement or
corrections personnel or other individuals trained to assist in
buccal swab collection.
(4) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of Justice.
The palm print forms shall be forwarded to and maintained by the
Bureau of Criminal Identification and Information of the Department
of Justice. Right thumbprints also shall be taken at the time of the
collection of samples and specimens and shall be placed on the
sample and specimen containers and forms as directed by the
Department of Justice. The samples, specimens, and forms shall be
forwarded to and maintained by the DNA Laboratory of the Department
of Justice.
(5) The law enforcement or custodial agency collecting specimens,
samples, or print impressions is responsible for confirming that the
person qualifies for entry into the Department of Justice DNA
Database and Data Bank Program prior to collecting the specimens,
samples, or print impressions pursuant to this chapter.
(6) The DNA Laboratory of the Department of Justice is responsible
for establishing procedures for entering data bank and database
information.
(c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the data bank or database
shall not be civilly or criminally liable either for withdrawing
blood when done in accordance with medically accepted procedures, or
for obtaining buccal swab samples by scraping inner cheek cells of
the mouth, or thumb or palm print impressions when performed in
accordance with standard professional practices.
(2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in confirming a person's or sample's
qualifying status for inclusion within the database or data bank or
in placing an entry in a data bank or a database.
(3) The failure of the Department of Justice or local law
enforcement to comply with Article 4 or any other provision of this
chapter shall not invalidate an arrest, plea, conviction, or
disposition.


298.1. (a) As of the effective date of this chapter, any person who
refuses to give any or all of the following, blood specimens, saliva
samples, or thumb or palm print impressions as required by this
chapter, once he or she has received written notice from the
Department of Justice, the Department of Corrections and
Rehabilitation, any law enforcement personnel, or officer of the
court that he or she is required to provide specimens, samples, and
print impressions pursuant to this chapter is guilty of a
misdemeanor. The refusal or failure to give any or all of the
following, a blood specimen, saliva sample, or thumb or palm print
impression is punishable as a separate offense by both a fine of five
hundred dollars ($500) and imprisonment of up to one year in a
county jail, or if the person is already imprisoned in the state
prison, by sanctions for misdemeanors according to a schedule
determined by the Department of Corrections and Rehabilitation.
(b) (1) Notwithstanding subdivision (a), authorized law
enforcement, custodial, or corrections personnel, including peace
officers as defined in Sections 830, 830.1, subdivision (d) of
Section 830.2, Sections 830.5, 830.38, or 830.55, may employ
reasonable force to collect blood specimens, saliva samples, or thumb
or palm print impressions pursuant to this chapter from individuals
who, after written or oral request, refuse to provide those
specimens, samples, or thumb or palm print impressions.
(2) The withdrawal of blood shall be performed in a medically
approved manner in accordance with the requirements of paragraph (2)
of subdivision (b) of Section 298.
(3) The use of reasonable force as provided in this subdivision
shall be carried out in a manner consistent with regulations and
guidelines adopted pursuant to subdivision (c).
(c) (1) The Department of Corrections and Rehabilitation and the
Division of Juvenile Justice shall adopt regulations governing the
use of reasonable force as provided in subdivision (b), which shall
include the following:
(A) "Use of reasonable force" shall be defined as the force that
an objective, trained, and competent correctional employee, faced
with similar facts and circumstances, would consider necessary and
reasonable to gain compliance with this chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer on duty.
The authorization shall include information that reflects the fact
that the offender was asked to provide the requisite specimen,
sample, or impression and refused.
(C) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
regulations shall provide that the extraction be videotaped.
(2) The Corrections Standards Authority shall adopt guidelines
governing the use of reasonable force as provided in subdivision (b)
for local detention facilities, which shall include the following:
(A) "Use of reasonable force" shall be defined as the force that
an objective, trained and competent correctional employee, faced with
similar facts and circumstances, would consider necessary and
reasonable to gain compliance with this chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer on duty.
The authorization shall include information that reflects the fact
that the offender was asked to provide the requisite specimen,
sample, or impression and refused.
(C) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
extraction shall be videotaped.
(3) The Department of Corrections and Rehabilitation, the Division
of Juvenile Justice, and the Corrections Standards Authority shall
report to the Legislature not later than January 1, 2005, on the use
of reasonable force pursuant to this section. The report shall
include, but is not limited to, the number of refusals, the number of
incidents of the use of reasonable force under this section, the
type of force used, the efforts undertaken to obtain voluntary
compliance, if any, and whether any medical attention was needed by
the prisoner or personnel as a result of force being used.



298.2. (a) Any person who is required to submit a specimen sample
or print impression pursuant to this chapter who engages or attempts
to engage in any of the following acts is guilty of a felony
punishable by imprisonment in the state prison for two, three, or
four years:
(1) Knowingly facilitates the collection of a wrongfully
attributed blood specimen, buccal swab sample, or thumb or palm print
impression, with the intent that a government agent or employee be
deceived as to the origin of a DNA profile or as to any
identification information associated with a specimen, sample, or
print impression required for submission pursuant to this chapter.
(2) Knowingly tampers with any specimen, sample, print, or the
collection container for any specimen or sample, with the intent that
any government agent or employee be deceived as to the identity of
the person to whom the specimen, sample, or print relates.



298.3. (a) To ensure expeditious and economical processing of
offender specimens and samples for inclusion in the FBI's CODIS
System and the state's DNA Database and Data Bank Program, the
Department of Justice DNA Laboratory is authorized to contract with
other laboratories, whether public or private, including law
enforcement laboratories, that have the capability of fully analyzing
offender specimens or samples within 60 days of receipt, for the
anonymous analysis of specimens and samples for forensic
identification testing as provided in this chapter and in accordance
with the quality assurance requirement established by CODIS and
ASCLD/LAB.
(b) Contingent upon the availability of sufficient funds in the
state's DNA Identification Fund established pursuant to Section
76104.6, the Department of Justice DNA Laboratory shall immediately
contract with other laboratories, whether public or private,
including law enforcement laboratories, for the anonymous analysis of
offender reference specimens or samples and any arrestee reference
specimens or samples collected pursuant to subdivision (a) of Section
296 for forensic identification testing as provided in subdivision
(a) of this section and in accordance with the quality assurance
requirements established by CODIS and ASCLD/LAB for any specimens or
samples that are not fully analyzed and uploaded into the CODIS
database within six months of the receipt of the reference specimens
or samples by the Department of Justice DNA Laboratory.

[هيثم الفقى]

299. (a) A person whose DNA profile has been included in the data
bank pursuant to this chapter shall have his or her DNA specimen and
sample destroyed and searchable database profile expunged from the
data bank program pursuant to the procedures set forth in subdivision
(b) if the person has no past or present offense or pending charge
which qualifies that person for inclusion within the state's DNA and
Forensic Identification Database and Data Bank Program and there
otherwise is no legal basis for retaining the specimen or sample or
searchable profile.
(b) Pursuant to subdivision (a), a person who has no past or
present qualifying offense, and for whom there otherwise is no legal
basis for retaining the specimen or sample or searchable profile, may
make a written request to have his or her specimen and sample
destroyed and searchable database profile expunged from the data bank
program if:
(1) Following arrest, no accusatory pleading has been filed within
the applicable period allowed by law charging the person with a
qualifying offense as set forth in subdivision (a) of Section 296 or
if the charges which served as the basis for including the DNA
profile in the state's DNA Database and Data Bank Identification
Program have been dismissed prior to adjudication by a trier of fact;

(2) The underlying conviction or disposition serving as the basis
for including the DNA profile has been reversed and the case
dismissed;
(3) The person has been found factually innocent of the underlying
offense pursuant to Section 851.8, or Section 781.5 of the Welfare
and Institutions Code; or
(4) The defendant has been found not guilty or the defendant has
been acquitted of the underlying offense.
(c) (1) The person requesting the data bank entry to be expunged
must send a copy of his or her request to the trial court of the
county where the arrest occurred, or that entered the conviction or
rendered disposition in the case, to the DNA Laboratory of the
Department of Justice, and to the prosecuting attorney of the county
in which he or she was arrested or, convicted, or adjudicated, with
proof of service on all parties. The court has the discretion to
grant or deny the request for expungement. The denial of a request
for expungement is a nonappealable order and shall not be reviewed by
petition for writ.
(2) Except as provided below, the Department of Justice shall
destroy a specimen and sample and expunge the searchable DNA database
profile pertaining to the person who has no present or past
qualifying offense of record upon receipt of a court order that
verifies the applicant has made the necessary showing at a noticed
hearing, and that includes all of the following:
(A) The written request for expungement pursuant to this section.

(B) A certified copy of the court order reversing and dismissing
the conviction or case, or a letter from the district attorney
certifying that no accusatory pleading has been filed or the charges
which served as the basis for collecting a DNA specimen and sample
have been dismissed prior to adjudication by a trier of fact, the
defendant has been found factually innocent, the defendant has been
found not guilty, the defendant has been acquitted of the underlying
offense, or the underlying conviction has been reversed and the case
dismissed.
(C) Proof of written notice to the prosecuting attorney and the
Department of Justice that expungement has been requested.
(D) A court order verifying that no retrial or appeal of the case
is pending, that it has been at least 180 days since the defendant or
minor has notified the prosecuting attorney and the Department of
Justice of the expungement request, and that the court has not
received an objection from the Department of Justice or the
prosecuting attorney.
(d) Upon order from the court, the Department of Justice shall
destroy any specimen or sample collected from the person and any
searchable DNA database profile pertaining to the person, unless the
department determines that the person is subject to the provisions of
this chapter because of a past qualifying offense of record or is or
has otherwise become obligated to submit a blood specimen or buccal
swab sample as a result of a separate arrest, conviction, juvenile
adjudication, or finding of guilty or not guilty by reason of
insanity for an offense described in subdivision (a) of Section 296,
or as a condition of a plea.
The Department of Justice is not required to destroy analytical
data or other items obtained from a blood specimen or saliva, or
buccal swab sample, if evidence relating to another person subject to
the provisions of this chapter would thereby be destroyed or
otherwise compromised.
Any identification, warrant, probable cause to arrest, or arrest
based upon a data bank or database match is not invalidated due to a
failure to expunge or a delay in expunging records.
(e) Notwithstanding any other provision of law, the Department of
Justice DNA Laboratory is not required to expunge DNA profile or
forensic identification information or destroy or return specimens,
samples, or print impressions taken pursuant to this section if the
duty to register under Section 290 or 457.1 is terminated.
(f) Notwithstanding any other provision of law, including Sections
17, 1203.4, and 1203.4a, a judge is not authorized to relieve a
person of the separate administrative duty to provide specimens,
samples, or print impressions required by this chapter if a person
has been found guilty or was adjudicated a ward of the court by a
trier of fact of a qualifying offense as defined in subdivision (a)
of Section 296, or was found not guilty by reason of insanity or
pleads no contest to a qualifying offense as defined in subdivision
(a) of Section 296.

[هيثم الفقى]

299.5. (a) All DNA and forensic identification profiles and other
identification information retained by the Department of Justice
pursuant to this chapter are exempt from any law requiring disclosure
of information to the public and shall be confidential except as
otherwise provided in this chapter.
(b) All evidence and forensic samples containing biological
material retained by the Department of Justice DNA Laboratory or
other state law enforcement agency are exempt from any law requiring
disclosure of information to the public or the return of biological
specimens, samples, or print impressions.
(c) Non-DNA forensic identification information may be filed with
the offender's file maintained by the *** Registration Unit of the
Department of Justice or in other computerized data bank or database
systems maintained by the Department of Justice.
(d) The DNA and other forensic identification information retained
by the Department of Justice pursuant to this chapter shall not be
included in the state summary criminal history information. However,
nothing in this chapter precludes law enforcement personnel from
entering into a person's criminal history information or offender
file maintained by the Department of Justice, the fact that the
specimens, samples, and print impressions required by this chapter
have or have not been collected from that person.
(e) The fact that the blood specimens, saliva or buccal swab
samples, and print impressions required by this chapter have been
received by the DNA Laboratory of the Department of Justice shall be
included in the state summary criminal history information as soon as
administratively practicable.
The full palm prints of each hand shall be filed and maintained by
the Automated Latent Print Section of the Bureau of Criminal
Identification and Information of the Department of Justice, and may
be included in the state summary criminal history information.
(f) DNA samples and DNA profiles and other forensic identification
information shall be released only to law enforcement agencies,
including, but not limited to, parole officers of the Department of
Corrections, hearing officers of the parole authority, probation
officers, the Attorney General's office, district attorneys' offices,
and prosecuting city attorneys' offices, unless otherwise
specifically authorized by this chapter. Dissemination of DNA
specimens, samples, and DNA profiles and other forensic
identification information to law enforcement agencies and district
attorneys' offices outside this state shall be performed in
conformity with the provisions of this chapter.
(g) A defendant's DNA and other forensic identification
information developed pursuant to this chapter shall be available to
his or her defense counsel upon court order made pursuant to Chapter
10 (commencing with Section 1054) of Title 6 of Part 2.
(h) Except as provided in subdivision (g) and in order to protect
the confidentiality and privacy of database and data bank
information, the Department of Justice and local public DNA
laboratories shall not otherwise be compelled in a criminal or civil
proceeding to provide any DNA profile or forensic identification
database or data bank information or its computer database program
software or structures to any person or party seeking such records or
information whether by subpoena or discovery, or other procedural
device or inquiry.
(i) (1) (A) Any person who knowingly uses an offender specimen,
sample, or DNA profile collected pursuant to this chapter for other
than criminal identification or exclusion purposes, or for other than
the identification of missing persons, or who knowingly discloses
DNA or other forensic identification information developed pursuant
to this section to an unauthorized individual or agency, for other
than criminal identification or exclusion purposes, or for the
identification of missing persons, in violation of this chapter,
shall be punished by imprisonment in a county jail not exceeding one
year or by imprisonment in the state prison.
(B) Any person who, for the purpose of financial gain, knowingly
uses a specimen, sample, or DNA profile collected pursuant to this
chapter for other than criminal identification or exclusion purposes
or for the identification of missing persons or who, for the purpose
of financial gain, knowingly discloses DNA or other forensic
identification information developed pursuant to this section to an
unauthorized individual or agency, for other than criminal
identification or exclusion purposes or for other than the
identification of missing persons, in violation of this chapter,
shall, in addition to the penalty provided in subparagraph (A), be
punished by a criminal fine in an amount three times that of any
financial gain received or ten thousand dollars ($10,000), whichever
is greater.
(2) (A) If any employee of the Department of Justice knowingly
uses a specimen, sample, or DNA profile collected pursuant to this
chapter for other than criminal identification or exclusion purposes,
or knowingly discloses DNA or other forensic identification
information developed pursuant to this section to an unauthorized
individual or agency, for other than criminal identification or
exclusion purposes or for other than the identification of missing
persons, in violation of this chapter, the department shall be liable
in civil damages to the donor of the DNA identification information
in the amount of five thousand dollars ($5,000) for each violation,
plus attorney's fees and costs. In the event of multiple disclosures,
the total damages available to the donor of the DNA is limited to
fifty thousand dollars ($50,000) plus attorney's fees and costs.
(B) (i) Notwithstanding any other law, this shall be the sole and
exclusive remedy against the Department of Justice and its employees
available to the donor of the DNA.
(ii) The Department of Justice employee disclosing DNA
identification information in violation of this chapter shall be
absolutely immune from civil liability under this or any other law.
(3) It is not a violation of this section for a law enforcement
agency in its discretion to publicly disclose the fact of a DNA
profile match, or the name of the person identified by the DNA match
when this match is the basis of law enforcement's investigation,
arrest, or prosecution of a particular person, or the identification
of a missing or abducted person.
(j) It is not a violation of this chapter to furnish DNA or other
forensic identification information of the defendant to his or her
defense counsel for criminal defense purposes in compliance with
discovery.
(k) It is not a violation of this section for law enforcement to
release DNA and other forensic identification information developed
pursuant to this chapter to a jury or grand jury, or in a document
filed with a court or administrative agency, or as part of a judicial
or administrative proceeding, or for this information to become part
of the public transcript or record of proceedings when, in the
discretion of law enforcement, disclosure is necessary because the
DNA information pertains to the basis for law enforcement's
identification, arrest, investigation, prosecution, or exclusion of a
particular person related to the case.
(l) It is not a violation of this section to include information
obtained from a file in a transcript or record of a judicial
proceeding, or in any other public record when the inclusion of the
information in the public record is authorized by a court, statute,
or decisional law.
(m) It is not a violation of this section for the DNA Laboratory
of the Department of Justice, or an organization retained as an agent
of the Department of Justice, or a local public laboratory to use
anonymous records or criminal history information obtained pursuant
to this chapter for training, research, statistical analysis of
populations, or quality assurance or quality control.
(n) The Department of Justice shall make public the methodology
and procedures to be used in its DNA program prior to the
commencement of DNA testing in its laboratories. The Department of
Justice shall review and consider on an ongoing basis the findings
and results of any peer review and validation studies submitted to
the department by members of the relevant scientific community
experienced in the use of DNA technology. This material shall be
available to criminal defense counsel upon court order made pursuant
to Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
(o) In order to maintain the computer system security of the
Department of Justice DNA and Forensic Identification Database and
Data Bank Program, the computer software and database structures used
by the DNA Laboratory of the Department of Justice to implement this
chapter are confidential.



299.6. (a) Nothing in this chapter shall prohibit the Department of
Justice, in its sole discretion, from the sharing or disseminating
of population database or data bank information, DNA profile or
forensic identification database or data bank information, analytical
data and results generated for forensic identification database and
data bank purposes, or protocol and forensic DNA analysis methods and
quality assurance or quality control procedures with any of the
following:
(1) Federal, state, or local law enforcement agencies.
(2) Crime laboratories, whether public or private, that serve
federal, state, and local law enforcement agencies that have been
approved by the Department of Justice.
(3) The attorney general's office of any state.
(4) Any state or federally authorized auditing agent or board that
inspects or reviews the work of the Department of Justice DNA
Laboratory for the purpose of ensuring that the laboratory meets
ASCLD/LAB and FBI standards for accreditation and quality assurance
standards necessary under this chapter and for the state's
participation in CODIS and other national or international
crime-solving networks.
(5) Any third party that the Department of Justice deems necessary
to assist the department's crime laboratory with statistical
analyses of population databases, or the analyses of forensic
protocol, research methods, or quality control procedures, or to
assist in the recovery or identification of human remains for
humanitarian purposes, including identification of missing persons.
(b) The population databases and data banks of the DNA Laboratory
of the Department of Justice may be made available to and searched by
the FBI and any other agency participating in the FBI's CODIS System
or any other national or international law enforcement database or
data bank system.
(c) The Department of Justice may provide portions of biological
samples including blood specimens, saliva samples, and buccal swab
samples collected pursuant to this chapter to local public law
enforcement DNA laboratories for identification purposes provided
that the privacy provisions of this section are followed by the local
public law enforcement laboratory and if each of the following
conditions is met:
(1) The procedures used by the local public DNA laboratory for the
handling of specimens and samples and the disclosure of results are
the same as those established by the Department of Justice pursuant
to Sections 297, 298, and 299.5.
(2) The methodologies and procedures used by the local public DNA
laboratory for DNA or forensic identification analysis are compatible
with those used by the Department of Justice, or otherwise are
determined by the Department of Justice to be valid and appropriate
for identification purposes.
(3) Only tests of value to law enforcement for identification
purposes are performed and a copy of the results of the analysis are
sent to the Department of Justice.
(4) All provisions of this section concerning privacy and security
are followed.
(5) The local public law enforcement DNA laboratory assumes all
costs of securing the specimens and samples and provides appropriate
tubes, labels, and materials necessary to secure the specimens and
samples.
(d) Any local DNA laboratory that produces DNA profiles of known
reference samples for inclusion within the permanent files of the
state's DNA Data Bank program shall follow the policies of the DNA
Laboratory of the Department of Justice.



299.7. The Department of Justice is authorized to dispose of unused
specimens and samples, unused portions of specimens and samples, and
expired specimens and samples in the normal course of business and
in a reasonable manner as long as the disposal method is designed to
protect the identity and origin of specimens and samples from
disclosure to third persons who are not a part of law enforcement.

[هيثم الفقى]

300. Nothing in this chapter shall limit or abrogate any existing
authority of law enforcement officers to take, maintain, store, and
utilize DNA or forensic identification markers, blood specimens,
buccal swab samples, saliva samples, or thumb or palm print
impressions for identification purposes.



300.1. (a) Nothing in this chapter shall be construed to restrict
the authority of local law enforcement to maintain their own
DNA-related databases or data banks, or to restrict the Department of
Justice with respect to data banks and databases created by other
statutory authority, including, but not limited to, databases related
to fingerprints, firearms and other weapons, child abuse, domestic
violence deaths, child deaths, driving offenses, missing persons,
violent crime information as described in Title 12 (commencing with
Section 14200) of Part 4, and criminal justice statistics permitted
by Section 13305.
(b) Nothing in this chapter shall be construed to limit the
authority of local or county coroners or their agents, in the course
of their scientific investigation, to utilize genetic and DNA
technology to inquire into and determine the circumstances, manner,
and cause of death, or to employ or use outside laboratories,
hospitals, or research institutions that utilize genetic and DNA
technology.


300.2. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.




300.2. Any requirement to provide saliva samples pursuant to this
chapter shall be construed as a requirement to provide buccal swab
samples as of the effective date of the act that added this section.
However, the Department of Justice may retain and use previously
collected saliva and other biological samples as part of its database
and databank program and for quality control purposes in conformity
with the provisions of this chapter.



300.3. The duties and requirements of the Department of Corrections
and the Department of the Youth Authority pursuant to this chapter
shall commence on July 1, 1999.

[هيثم الفقى]

OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND
OTHER OFFENSES AGAINST GOOD MORALS


302. (a) Every person who intentionally disturbs or disquiets any
assemblage of people met for religious worship at a tax-exempt place
of worship, by profane discourse, rude or indecent behavior, or by
any unnecessary noise, either within the place where the meeting is
held, or so near it as to disturb the order and solemnity of the
meeting, is guilty of a misdemeanor punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail for a period not exceeding one year, or by both that fine
and imprisonment.
(b) A court may require performance of community service of not
less than 50 hours and not exceeding 80 hours as an alternative to
imprisonment or a fine.
(c) In addition to the penalty set forth in subdivision (a), a
person who has suffered a previous conviction of a violation of this
section or Section 403, shall be required to perform community
service of not less than 120 hours and not exceeding 160 hours.
(d) The existence of any fact which would bring a person under
subdivision (c) or (d) shall be alleged in the complaint,
information, or indictment and either:
(1) Admitted by the defendant in open court.
(2) Found to be true by a jury trying the issue of guilt.
(3) Found to be true by the court where guilt is established by a
plea of guilty or nolo contendere.
(4) Found to be true by trial by the court sitting without a jury.

(e) Upon conviction of any person under this section for
disturbances of religious worship, the court may, in accordance with
the performance of community service imposed under this section,
consistent with public safety interests and with the victim's
consent, order the defendant to perform a portion of, or all of, the
required community service at the place where the disturbance of
religious worship occurred.
(f) The court may waive the mandatory minimum requirements for
community service whenever it is in the interest of justice to do so.
When a waiver is granted, the court shall state on the record all
reasons supporting the waiver.



303. It shall be unlawful for any person engaged in the sale of
alcoholic beverages, other than in the original package, to employ
upon the premises where the alcoholic beverages are sold any person
for the purpose of procuring or encouraging the purchase or sale of
such beverages, or to pay any person a percentage or commission on
the sale of such beverages for procuring or encouraging such purchase
or sale. Violation of this section shall be a misdemeanor.



303a. It shall be unlawful, in any place of business where
alcoholic beverages are sold to be consumed upon the premises, for
any person to loiter in or about said premises for the purpose of
begging or soliciting any patron or customer of, or visitor in, such
premises to purchase any alcoholic beverage for the one begging or
soliciting. Violation of this section shall be a misdemeanor.



307. Every person, firm, or corporation which sells or gives or in
any way furnishes to another person, who is in fact under the age of
21 years, any candy, cake, cookie, or chewing gum which contains
alcohol in excess of 1/2 of 1 percent by weight, is guilty of a
misdemeanor.



308. (a) (1) Every person, firm, or corporation that knowingly or
under circumstances in which it has knowledge, or should otherwise
have grounds for knowledge, sells, gives, or in any way furnishes to
another person who is under the age of 18 years any tobacco,
cigarette, or cigarette papers, or blunts wraps, or any other
preparation of tobacco, or any other instrument or paraphernalia that
is designed for the smoking or ingestion of tobacco, products
prepared from tobacco, or any controlled substance, is subject to
either a criminal action for a misdemeanor or to a civil action
brought by a city attorney, a county counsel, or a district attorney,
punishable by a fine of two hundred dollars ($200) for the first
offense, five hundred dollars ($500) for the second offense, and one
thousand dollars ($1,000) for the third offense.
Notwithstanding Section 1464 or any other provision of law, 25
percent of each civil and criminal penalty collected pursuant to this
subdivision shall be paid to the office of the city attorney, county
counsel, or district attorney, whoever is responsible for bringing
the successful action, and 25 percent of each civil and criminal
penalty collected pursuant to this subdivision shall be paid to the
city or county for the administration and cost of the community
service work component provided in subdivision (b).
Proof that a defendant, or his or her employee or agent, demanded,
was shown, and reasonably relied upon evidence of majority shall be
defense to any action brought pursuant to this subdivision. Evidence
of majority of a person is a facsimile of or a reasonable likeness of
a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the federal Selective Service Act, or an
identification card issued to a member of the Armed Forces.
For purposes of this section, the person liable for selling or
furnishing tobacco products to minors by a tobacco vending machine
shall be the person authorizing the installation or placement of the
tobacco vending machine upon premises he or she manages or otherwise
controls and under circumstances in which he or she has knowledge, or
should otherwise have grounds for knowledge, that the tobacco
vending machine will be utilized by minors.
(2) For purposes of this section, "blunt wraps" means cigar papers
or cigar wrappers of all types that are designed for smoking or
ingestion of tobacco products and contain less than 50 percent
tobacco.
(b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.
(c) Every person, firm, or corporation that sells, or deals in
tobacco or any preparation thereof, shall post conspicuously and keep
so posted in his, her, or their place of business at each point of
purchase the notice required pursuant to subdivision (b) of Section
22952 of the Business and Professions Code, and any person failing to
do so shall, upon conviction, be punished by a fine of fifty dollars
($50) for the first offense, one hundred dollars ($100) for the
second offense, two hundred fifty dollars ($250) for the third
offense, and five hundred dollars ($500) for the fourth offense and
each subsequent violation of this provision, or by imprisonment in a
county jail not exceeding 30 days.
(d) For purposes of determining the liability of persons, firms,
or corporations controlling franchises or business operations in
multiple locations for the second and subsequent violations of this
section, each individual franchise or business location shall be
deemed a separate entity.
(e) It is the Legislature's intent to regulate the subject matter
of this section. As a result, no city, county, or city and county
shall adopt any ordinance or regulation inconsistent with this
section.



308.1. (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to as "bidis" or "beedies," unless that tobacco
product is sold, offered for sale, or intended to be sold in a
business establishment that prohibits the presence of persons under
18 years of age on its premises.
(b) For purposes of this section, "bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros melanoxylon) or tendu leaf (diospyros exculpra).
(c) Any person who violates this section is guilty of a
misdemeanor or subject to a civil action brought by the Attorney
General, a city attorney, county counsel, or district attorney for an
injunction and a civil penalty of up to two thousand dollars
($2,000) per violation. This subdivision does not affect any other
remedies available for a violation of this section.



308.2. (a) Every person who sells one or more cigarettes, other
than in a sealed and properly labeled package, is guilty of an
infraction.
(b) "A sealed and properly labeled package," as used in this
section, means the original packaging or sanitary wrapping of the
manufacturer or importer which conforms to federal labeling
requirements, including the federal warning label.



308.3. (a) A person, firm, corporation, or business may not
manufacture for sale, distribute, sell, or offer to sell any
cigarette, except in a package containing at least 20 cigarettes. A
person, firm, corporation, or business may not manufacture for sale,
distribute, sell, or offer to sell any roll-your-own tobacco, except
in a package containing at least 0.60 ounces of tobacco.
(b) As used in subdivision (a), "cigarette" means any product that
contains nicotine, is intended to be burned or heated under ordinary
conditions of use, and consists of, or contains any of, the
following:
(1) Any roll of tobacco wrapped in paper or in any substance not
containing tobacco.
(2) Tobacco, in any form, that is functional in the product, that,
because of its appearance, the type of tobacco used in the filler,
or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette.
(3) Any roll of tobacco wrapped in any substance containing
tobacco which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette described in this
subdivision.
(c) Any person, firm, corporation, or business that violates this
section is liable for an infraction, or in an action brought by the
Attorney General, a district attorney, a county counsel, or a city
attorney for a civil penalty of two hundred dollars ($200) for the
first violation, five hundred dollars ($500) for the second
violation, and one thousand dollars ($1,000) for each subsequent act
constituting a violation.



308.5. (a) No person or business shall sell, lease, rent, or
provide, or offer to sell, lease, rent, or otherwise offer to the
public or to public establishments in this state, any video game
intended for either private use or for use in a public establishment
and intended primarily for use by any person under the age of 18
years, which contains, in its design and in the on-screen
presentation of the video game, any paid commercial advertisement of
alcoholic beverage or tobacco product containers or other forms of
consumer packaging, particular brand names, trademarks, or
copyrighted slogans of alcoholic beverages or tobacco products.
(b) As used in this section, "video game" means any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is designed to
be used with a television set or a monitor, that interacts with the
user of the device.
(c) A violation of this section is a misdemeanor.



308b. (a) Except as provided in subdivision (b), every person who
knowingly delivers or causes to be delivered to any residence in this
state any tobacco products unsolicited by any person residing
therein is guilty of a misdemeanor.
(b) It is a defense to a violation of this section that the
recipient of the tobacco products is personally known to the
defendant at the time of the delivery.
(c) The distribution of unsolicited tobacco products to residences
in violation of this section is a nuisance within the meaning of
Section 3479 of the Civil Code.
(d) Nothing in this section shall be construed to impose any
liability on any employee of the United States Postal Service for
actions performed in the scope of his employment by the United States
Postal Service.


309. Any proprietor, keeper, manager, conductor, or person having
the control of any house of prostitution, or any house or room
resorted to for the purpose of prostitution, who shall admit or keep
any minor of either *** therein; or any parent or guardian of any
such minor, who shall admit or keep such minor, or sanction, or
connive at the admission or keeping thereof, into, or in any such
house, or room, shall be guilty of a misdemeanor.



310. Any minor under the age of 16 years who visits or attends any
prizefight, cockfight, or place where any prizefight, or cockfight,
is advertised to take place, and any owner, lessee, or proprietor,
or the agent of any owner, lessee, or proprietor of any place where
any prizefight or cockfight is advertised or represented to take
place who admits any minor to a place where any prizefight or
cockfight is advertised or represented to take place or who admits,
sells or gives to any such minor a ticket or other paper by which
such minor may be admitted to a place where a prizefight or cockfight
is advertised to take place, is guilty of a misdemeanor, and is
punishable by a fine of not exceeding one hundred dollars ($100) or
by imprisonment in the county jail for not more than 25 days.



310.2. (a) Any coach, trainer, or other person acting in an
official or nonofficial capacity as an adult supervisor for an
athletic team consisting of minors under the age of 18 who sells,
gives, or otherwise furnishes to any member of that team a diuretic,
diet pill, or laxative with the intent that it be consumed, injected,
or administered for any nonmedical purpose such as loss of weight or
altering the body in any way related to participation on the team or
league, is guilty of a misdemeanor.
(b) Subdivision (a) does not apply to a minor's parent or
guardian, or any person acting at the written direction of, or with
the written consent of, the parent or guardian, if that person is in
fact acting with that authority. Subdivision (a) does not apply to a
physician.


310.5. (a) Any parent or guardian of a child who enters into an
agreement on behalf of that child which is in violation of Section
1669.5 of the Civil Code, and any alleged perpetrator of an unlawful
*** act upon that child who enters into such an agreement, is guilty
of a misdemeanor.
(b) Every person convicted of a violation of subdivision (a) shall
be punished 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 for not less than 30 days nor more than six months, or by
both such a fine and imprisonment, at the discretion of the court.
(c) For purposes of this section, "unlawful *** act," means a
felony *** offense committed against a minor.

[هيثم الفقى]

311. As used in this chapter, the following definitions apply:
(a) "Obscene matter" means matter, taken as a whole, that to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, that, taken as a whole, depicts or describes
***ual conduct in a patently offensive way, and that, taken as a
whole, lacks serious literary, artistic, political, or scientific
value.
(1) If it appears from the nature of the matter or the
circumstances of its dissemination, distribution, or exhibition that
it is designed for clearly defined deviant ***ual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, if circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by the
defendant for the sake of its prurient appeal, this evidence is
probative with respect to the nature of the matter and may justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value.
(3) In determining whether the matter taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the matter depicts persons under the age of 16
years engaged in ***ual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
(b) "Matter" means any book, magazine, newspaper, or other printed
or written material, or any picture, drawing, photograph, motion
picture, or other pictorial representation, or any statue or other
figure, or any recording, transcription, or mechanical, chemical, or
electrical reproduction, or any other article, equipment, machine, or
material. "Matter" also means live or recorded telephone messages
if transmitted, disseminated, or distributed as part of a commercial
transaction.
(c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
(d) "Distribute" means transfer possession of, whether with or
without consideration.
(e) "Knowingly" means being aware of the character of the matter
or live conduct.
(f) "Exhibit" means show.
(g) "Obscene live conduct" means any physical human body activity,
whether performed or engaged in alone or with other persons,
including but not limited to singing, speaking, dancing, acting,
simulating, or pantomiming, taken as a whole, that to the average
person, applying contemporary statewide standards, appeals to the
prurient interest and is conduct that, taken as a whole, depicts or
describes ***ual conduct in a patently offensive way and that, taken
as a whole, lacks serious literary, artistic, political, or
scientific value.
(1) If it appears from the nature of the conduct or the
circumstances of its production, presentation, or exhibition that it
is designed for clearly defined deviant ***ual groups, the appeal of
the conduct shall be judged with reference to its intended recipient
group.
(2) In prosecutions under this chapter, if circumstances of
production, presentation, advertising, or exhibition indicate that
live conduct is being commercially exploited by the defendant for the
sake of its prurient appeal, that evidence is probative with respect
to the nature of the conduct and may justify the conclusion that the
conduct lacks serious literary, artistic, political, or scientific
value.
(3) In determining whether the live conduct taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the live conduct depicts persons under the age of
16 years engaged in ***ual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
(h) The Legislature expresses its approval of the holding of
People v. Cantrell, 7 Cal. App. 4th 523, that, for the purposes of
this chapter, matter that "depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct" is
limited to visual works that depict that conduct.




311.1. (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others, or who offers to distribute,
distributes, or exhibits to, or exchanges with, others, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine not to
exceed one thousand dollars ($1,000), or by both the fine and
imprisonment, or by imprisonment in the state prison, by a fine not
to exceed ten thousand dollars ($10,000), or by the fine and
imprisonment.
(b) This section does not apply to the activities of law
enforcement and prosecuting agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
(c) This section does not apply to matter which depicts a child
under the age of 18, which child is legally emancipated, including
lawful conduct between spouses when one or both are under the age of
18.
(d) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or perform related activities in providing telephone
services.



311.2. (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, or prints, with intent to distribute or to exhibit to
others, or who offers to distribute, distributes, or exhibits to
others, any obscene matter is for a first offense, guilty of a
misdemeanor. If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).
(b) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others for commercial consideration,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, others for commercial consideration, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, three, or six
years, or by a fine not exceeding one hundred thousand dollars
($100,000), in the absence of a finding that the defendant would be
incapable of paying that fine, or by both that fine and imprisonment.

(c) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person 18 years of age or older,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, a person 18 years of age or older any matter, knowing
that the matter depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct, as
defined in Section 311.4, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. It is not necessary to prove
commercial consideration or that the matter is obscene in order to
establish a violation of this subdivision. If a person has been
previously convicted of a violation of this subdivision, he or she is
guilty of a felony.
(d) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person under 18 years of age, or
who offers to distribute, distributes, or exhibits to, or exchanges
with, a person under 18 years of age any matter, knowing that the
matter depicts a person under the age of 18 years personally engaging
in or personally simulating ***ual conduct, as defined in Section
311.4, is guilty of a felony. It is not necessary to prove commercial
consideration or that the matter is obscene in order to establish a
violation of this subdivision.
(e) Subdivisions (a) to (d), inclusive, do not apply to the
activities of law enforcement and prosecuting agencies in the
investigation and prosecution of criminal offenses, to legitimate
medical, scientific, or educational activities, or to lawful conduct
between spouses.
(f) This section does not apply to matter that depicts a legally
emancipated child under the age of 18 years or to lawful conduct
between spouses when one or both are under the age of 18 years.
(g) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or to perform related activities in providing telephone
services.


311.3. (a) A person is guilty of ***ual exploitation of a child if
he or she knowingly develops, duplicates, prints, or exchanges any
representation of information, data, or image, including, but not
limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip
that depicts a person under the age of 18 years engaged in an act of
***ual conduct.
(b) As used in this section, "***ual conduct" means any of the
following:
(1) ***ual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite *** or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of ***ual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of ***ual stimulation of
the viewer.
(5) Exhibition of the genitals or the pubic or rectal area of any
person for the purpose of ***ual stimulation of the viewer.
(6) Defecation or urination for the purpose of ***ual stimulation
of the viewer.
(c) Subdivision (a) does not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
(d) Every person who violates subdivision (a) shall be punished by
a fine of not more than two thousand dollars ($2,000) or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment. If the person has been previously
convicted of a violation of subdivision (a) or any section of this
chapter, he or she shall be punished by imprisonment in the state
prison.
(e) The provisions of this section do not apply to an employee of
a commercial film developer who is acting within the scope of his or
her employment and in accordance with the instructions of his or her
employer, provided that the employee has no financial interest in the
commercial developer by which he or she is employed.
(f) Subdivision (a) does not apply to matter that is unsolicited
and is received without knowledge or consent through a facility,
system, or network over which the person or entity has no control.



311.4. (a) Every person who, with knowledge that a person is a
minor, or who, while in possession of any facts on the basis of which
he or she should reasonably know that the person is a minor, hires,
employs, or uses the minor to do or assist in doing any of the acts
described in Section 311.2, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. If the person has previously
been convicted of any violation of this section, the court may, in
addition to the punishment authorized in Section 311.9, impose a fine
not exceeding fifty thousand dollars ($50,000).
(b) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
***ual conduct by a minor under the age of 18 years alone or with
other persons or animals, for commercial purposes, is guilty of a
felony and shall be punished by imprisonment in the state prison for
three, six, or eight years.
(c) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
***ual conduct by a minor under the age of 18 years alone or with
other persons or animals, is guilty of a felony. It is not necessary
to prove commercial purposes in order to establish a violation of
this subdivision.
(d) (1) As used in subdivisions (b) and (c), "***ual conduct"
means any of the following, whether actual or simulated: ***ual
intercourse, oral copulation, anal intercourse, anal oral copulation,
masturbation, bestiality, ***ual sadism, ***ual masochism,
penetration of the vagina or rectum by any object in a lewd or
lascivious manner, exhibition of the genitals or pubic or rectal area
for the purpose of ***ual stimulation of the viewer, any lewd or
lascivious ***ual act as defined in Section 288, or excretory
functions performed in a lewd or lascivious manner, whether or not
any of the above conduct is performed alone or between members of the
same or opposite *** or between humans and animals. An act is
simulated when it gives the appearance of being ***ual conduct.
(2) As used in subdivisions (b) and (c), "matter" means any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, or any other computer-related equipment or computer-generated
image that contains or incorporates in any manner, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, or
video laser disc.
(e) This section does not apply to a legally emancipated minor or
to lawful conduct between spouses if one or both are under the age of
18.
(f) In every prosecution under this section involving a minor
under the age of 14 years at the time of the offense, the age of the
victim shall be pled and proven for the purpose of the enhanced
penalty provided in Section 647.6. Failure to plead and prove that
the victim was under the age of 14 years at the time of the offense
is not a bar to prosecution under this section if it is proven that
the victim was under the age of 18 years at the time of the offense.



311.5. Every person who writes, creates, or solicits the
publication or distribution of advertising or other promotional
material, or who in any manner promotes, the sale, distribution, or
exhibition of matter represented or held out by him to be obscene, is
guilty of a misdemeanor.



311.6. Every person who knowingly engages or participates in,
manages, produces, sponsors, presents or exhibits obscene live
conduct to or before an assembly or audience consisting of at least
one person or spectator in any public place or in any place exposed
to public view, or in any place open to the public or to a segment
thereof, whether or not an admission fee is charged, or whether or
not attendance is conditioned upon the presentation of a membership
card or other token, is guilty of a misdemeanor.



311.7. Every person who, knowingly, as a condition to a sale,
allocation, consignment, or delivery for resale of any paper,
magazine, book, periodical, publication or other merchandise,
requires that the purchaser or consignee receive any obscene matter
or who denies or threatens to deny a franchise, revokes or threatens
to revoke, or imposes any penalty, financial or otherwise, by reason
of the failure of any person to accept obscene matter, or by reason
of the return of such obscene matter, is guilty of a misdemeanor.



311.8. (a) It shall be a defense in any prosecution for a violation
of this chapter that the act charged was committed in aid of
legitimate scientific or educational purposes.
(b) It shall be a defense in any prosecution for a violation of
this chapter by a person who knowingly distributed any obscene matter
by the use of telephones or telephone facilities to any person under
the age of 18 years that the defendant has taken either of the
following measures to restrict access to the obscene matter by
persons under 18 years of age:
(1) Required the person receiving the obscene matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the obscene matter
begins, where the defendant has previously issued the code by mailing
it to the applicant therefor after taking reasonable measures to
ascertain that the applicant was 18 years of age or older and has
established a procedure to immediately cancel the code of any person
after receiving notice, in writing or by telephone, that the code has
been lost, stolen, or used by persons under the age of 18 years or
that the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(c) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with subdivision (b) is confidential and shall not be sold or
otherwise disseminated except upon order of the court.



311.9. (a) Every person who violates subdivision (a) of Section
311.2 or Section 311.5 is punishable by fine of not more than one
thousand dollars ($1,000) plus five dollars ($5) for each additional
unit of material coming within the provisions of this chapter, which
is involved in the offense, not to exceed ten thousand dollars
($10,000), or by imprisonment in the county jail for not more than
six months plus one day for each additional unit of material coming
within the provisions of this chapter, and which is involved in the
offense, not to exceed a total of 360 days in the county jail, or by
both that fine and imprisonment. If that person has previously been
convicted of any offense in this chapter, or of a violation of
Section 313.1, a violation of subdivision (a) of Section 311.2 or
Section 311.5 is punishable as a felony.
(b) Every person who violates subdivision (a) of Section 311.4 is
punishable by fine of not more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment, or by imprisonment in the state
prison. If that person has been previously convicted of a violation
of former Section 311.3 or Section 311.4 he or she is punishable by
imprisonment in the state prison.
(c) Every person who violates Section 311.7 is punishable by fine
of not more than one thousand dollars ($1,000) or by imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment. For a second and subsequent offense he or she shall
be punished by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment. If the person has been
twice convicted of a violation of this chapter, a violation of
Section 311.7 is punishable as a felony.



311.10. (a) Any person who advertises for sale or distribution any
obscene matter knowing that it depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, is guilty of a felony and is punishable
by imprisonment in the state prison for two, three, or four years,
or in a county jail not exceeding one year, or by a fine not
exceeding fifty thousand dollars ($50,000), or by both such fine and
imprisonment.
(b) Subdivision (a) shall not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses.



311.11. (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip,
the production of which involves the use of a person under the age of
18 years, knowing that the matter depicts a person under the age of
18 years personally engaging in or simulating ***ual conduct, as
defined in subdivision (d) of Section 311.4, is guilty of a felony
and shall be punished by imprisonment in the state prison, or a
county jail for up to one year, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both the fine and
imprisonment.
(b) Every person who commits a violation of subdivision (a), and
who has been previously convicted of a violation of this section, an
offense requiring registration under the *** Offender Registration
Act, or an attempt to commit any of the above-mentioned offenses, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, four, or six years.
(c) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
(d) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.



312. Upon the conviction of the accused, the court may, when the
conviction becomes final, order any matter or advertisement, in
respect whereof the accused stands convicted, and which remains in
the possession or under the control of the district attorney or any
law enforcement agency, to be destroyed, and the court may cause to
be destroyed any such material in its possession or under its
control.



312.1. In any prosecution for a violation of the provisions of this
chapter or of Chapter 7.6 (commencing with Section 313), neither the
prosecution nor the defense shall be required to introduce expert
witness testimony concerning the obscene or harmful character of the
matter or live conduct which is the subject of the prosecution. Any
evidence which tends to establish contemporary community standards of
appeal to prurient interest or of customary limits of candor in the
description or representation of nudity, ***, or excretion, or which
bears upon the question of significant literary, artistic, political,
educational, or scientific value shall, subject to the provisions of
the Evidence Code, be admissible when offered by either the
prosecution or by the defense.



312.3. (a) Matter that depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct as
defined in Section 311.4 and that is in the possession of any city,
county, city and county, or state official or agency is subject to
forfeiture pursuant to this section.
(b) An action to forfeit matter described in subdivision (a) may
be brought by the Attorney General, the district attorney, county
counsel, or the city attorney. Proceedings shall be initiated by a
petition of forfeiture filed in the superior court of the county in
which the matter is located.
(c) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds. The notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of their claimed interest and an
affirmation or denial of the prosecuting agency's allegation. If the
notice cannot be given by registered mail or personal delivery, the
notice shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property is
located. All notices shall set forth the time within which a claim
of interest in the property seized is required to be filed.
(d) (1) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, county counsel, or city attorney, as appropriate.
(2) If, at the end of the time set forth in paragraph (1), an
interested person has not filed a claim, the court, upon motion,
shall declare that the person has defaulted upon his or her alleged
interest, and it shall be subject to forfeiture upon proof of
compliance with subdivision (c).
(e) The burden is on the petitioner to prove beyond a reasonable
doubt that matter is subject to forfeiture pursuant to this section.

(f) It is not necessary to seek or obtain a criminal conviction
prior to the entry of an order for the destruction of matter pursuant
to this section. Any matter described in subdivision (a) that is in
the possession of any city, county, city and county, or state
official or agency, including found property, or property obtained as
the result of a case in which no trial was had or that has been
disposed of by way of dismissal or otherwise than by way of
conviction may be ordered destroyed.
(g) A court order for destruction of matter described in
subdivision (a) may be carried out by a police or sheriff's
department or by the Department of Justice. The court order shall
specify the agency responsible for the destruction.
(h) As used in this section, "matter" means any book, magazine,
newspaper, or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial
representation, or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction, or
any other articles, equipment, machines, or materials. "Matter" also
means any representation of information, data, or image, including,
but not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner any film or filmstrip.
(i) This section does not apply to a depiction of a legally
emancipated minor or to lawful conduct between spouses if one or both
are under the age of 18.
(j) It is a defense in any forfeiture proceeding that the matter
seized was lawfully possessed in aid of legitimate scientific or
educational purposes.


312.5. If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other phrase,
clause, sentence, section, provision or application of this chapter,
which can be given effect without the invalid phrase, clause,
sentence, section, provision or application and to this end the
provisions of this chapter are declared to be severable.



312.6. (a) It does not constitute a violation of this chapter for a
person or entity solely to provide access or connection to or from a
facility, system, or network over which that person or entity has no
control, including related capabilities that are incidental to
providing access or connection. This subdivision does not apply to
an individual or entity that is owned or controlled by, or a
conspirator with, an entity actively involved in the creation,
editing, or knowing distribution of communications that violate this
chapter.
(b) An employer is not liable under this chapter for the actions
of an employee or agent unless the employee's or agent's conduct is
within the scope of his or her employment or agency and the employer
has knowledge of, authorizes, or ratifies the employee's or agent's
conduct.
(c) It is a defense to prosecution under this chapter and in any
civil action that may be instituted based on a violation of this
chapter that a person has taken reasonable, effective, and
appropriate actions in good faith to restrict or prevent the
transmission of, or access to, a communication specified in this
chapter.



312.7. Nothing in this chapter shall be construed to apply to
interstate services or to any other activities or actions for which
states are prohibited from imposing liability pursuant to Paragraph
(4) of subsection (g) of Section 223 of Title 47 of the United States
Code.

[هيثم الفقى]

313. As used in this chapter:
(a) "Harmful matter" means matter, taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, and is matter which, taken as a whole,
depicts or describes in a patently offensive way ***ual conduct and
which, taken as a whole, lacks serious literary, artistic, political,
or scientific value for minors.
(1) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant ***ual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, where circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by
the defendant for the sake of its prurient appeal, that evidence is
probative with respect to the nature of the matter and can justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value for minors.
(b) "Matter" means any book, magazine, newspaper, video recording,
or other printed or written material or any picture, drawing,
photograph, motion picture, or other pictorial representation or any
statue or other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction or any other
articles, equipment, machines, or materials. "Matter" also includes
live or recorded telephone messages when transmitted, disseminated,
or distributed as part of a commercial transaction.
(c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
(d) "Distribute" means to transfer possession of, whether with or
without consideration.
(e) "Knowingly" means being aware of the character of the matter.

(f) "Exhibit" means to show.
(g) "Minor" means any natural person under 18 years of age.



313.1. (a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly sells, rents, distributes, sends,
causes to be sent, exhibits, or offers to distribute or exhibit by
any means, including, but not limited to, live or recorded telephone
messages, any harmful matter to the minor shall be punished as
specified in Section 313.4.
It does not constitute a violation of this section for a telephone
corporation, as defined by Section 234 of the Public Utilities Code,
to carry or transmit messages described in this chapter or to
perform related activities in providing telephone services.
(b) Every person who misrepresents himself or herself to be the
parent or guardian of a minor and thereby causes the minor to be
admitted to an exhibition of any harmful matter shall be punished as
specified in Section 313.4.
(c) (1) Any person who knowingly displays, sells, or offers to
sell in any coin-operated or slug-operated vending machine or
mechanically or electronically controlled vending machine that is
located in a public place, other than a public place from which
minors are excluded, any harmful matter displaying to the public view
photographs or pictorial representations of the commission of any of
the following acts shall be punished as specified in Section 313.4:
sodomy, oral copulation, ***ual intercourse, masturbation,
bestiality, or a photograph of an exposed penis in an erect and
turgid state.
(2) Any person who knowingly displays, sells, or offers to sell in
any coin-operated vending machine that is not supervised by an adult
and that is located in a public place, other than a public place
from which minors are excluded, any harmful matter, as defined in
subdivision (a) of Section 313, shall be punished as specified in
Section 313.4.
(d) Nothing in this section invalidates or prohibits the adoption
of an ordinance by a city, county, or city and county that restricts
the display of material that is harmful to minors, as defined in this
chapter, in a public place, other than a public place from which
minors are excluded, by requiring the placement of devices commonly
known as blinder racks in front of the material, so that the lower
two-thirds of the material is not exposed to view.
(e) Any person who sells or rents video recordings of harmful
matter shall create an area within his or her business establishment
for the placement of video recordings of harmful matter and for any
material that advertises the sale or rental of these video
recordings. This area shall be labeled "adults only." The failure
to create and label the area is an infraction, punishable by a fine
not to exceed one hundred dollars ($100). The failure to place a
video recording or advertisement, regardless of its content, in this
area shall not constitute an infraction. Any person who sells or
distributes video recordings of harmful matter to others for resale
purposes shall inform the purchaser of the requirements of this
section. This subdivision shall not apply to public libraries as
defined in Section 18710 of the Education Code.
(f) Any person who rents a video recording and alters the video
recording by adding harmful material, and who then returns the video
recording to a video rental store, shall be guilty of a misdemeanor.
It shall be a defense in any prosecution for a violation of this
subdivision that the video rental store failed to post a sign,
reasonably visible to all customers, delineating the provisions of
this subdivision.
(g) It shall be a defense in any prosecution for a violation of
subdivision (a) by a person who knowingly distributed any harmful
matter by the use of telephones or telephone facilities to any person
under the age of 18 years that the defendant has taken either of the
following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the harmful matter
begins, where the defendant previously has issued the code by mailing
it to the applicant after taking reasonable measures to ascertain
that the applicant was 18 years of age or older and has established a
procedure to immediately cancel the code of any person after
receiving notice, in writing or by telephone, that the code has been
lost, stolen, or used by persons under the age of 18 years or that
the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(h) It shall be a defense in any prosecution for a violation of
paragraph (2) of subdivision (c) that the defendant has taken either
of the following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification card to the vending machine after
taking reasonable measures to ascertain that the applicant was 18
years of age or older and has established a procedure to immediately
cancel the card of any person after receiving notice, in writing or
by telephone, that the code has been lost, stolen, or used by persons
under the age of 18 years or that the card is no longer desired.
(2) Required the person receiving the harmful matter to use a
token in order to utilize the vending machine after taking reasonable
measures to ascertain that the person was 18 years of age or older.

(i) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with paragraph (1) of subdivision (g) is confidential and shall not
be sold or otherwise disseminated except upon order of the court.




313.2. (a) Nothing in this chapter shall prohibit any parent or
guardian from distributing any harmful matter to his child or ward or
permitting his child or ward to attend an exhibition of any harmful
matter if the child or ward is accompanied by him.
(b) Nothing in this chapter shall prohibit any person from
exhibiting any harmful matter to any of the following:
(1) A minor who is accompanied by his parent or guardian.
(2) A minor who is accompanied by an adult who represents himself
to be the parent or guardian of the minor and whom the person, by the
exercise of reasonable care, does not have reason to know is not the
parent or guardian of the minor.



313.3. It shall be a defense in any prosecution for a violation of
this chapter that the act charged was committed in aid of legitimate
scientific or educational purposes.



313.4. Every person who violates Section 313.1, other than
subdivision (e), is punishable by fine of not more than two thousand
dollars ($2,000), by imprisonment in the county jail for not more
than one year, or by both that fine and imprisonment. However, if
the person has been previously convicted of a violation of Section
313.1, other than subdivision (e), or of any section of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1 of this code, the
person shall be punished by imprisonment in the state prison.



313.5. If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other phrase,
clause, sentence, section, provision or application of this chapter,
which can be given effect without the invalid phrase, clause,
sentence, section, provision or application and to this end the
provisions of this chapter are declared to be severable.

[هيثم الفقى]

314. Every person who willfully and lewdly, either:

1. Exposes his person, or the private parts thereof, in any
public place, or in any place where there are present other persons
to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose
himself or take part in any model artist exhibition, or to make any
other exhibition of himself to public view, or the view of any number
of persons, such as is offensive to decency, or is adapted to excite
to vicious or lewd thoughts or acts,

is guilty of a misdemeanor.
Every person who violates subdivision 1 of 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, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year.
Upon the second and each subsequent conviction under subdivision 1
of this section, or upon a first conviction under subdivision 1 of
this section after a previous conviction under Section 288, every
person so convicted is guilty of a felony, and is punishable by
imprisonment in state prison.



315. Every person who keeps a house of ill-fame in this state,
resorted to for the purposes of prostitution or lewdness, or who
willfully resides in such house, is guilty of a misdemeanor; and in
all prosecutions for keeping or resorting to such a house common
repute may be received as competent evidence of the character of the
house, the purpose for which it is kept or used, and the character of
the women inhabiting or resorting to it.



316. Every person who keeps any disorderly house, or any house for
the purpose of assignation or prostitution, or any house of public
resort, by which the peace, comfort, or decency of the immediate
neighborhood is habitually disturbed, or who keeps any inn in a
disorderly manner; and every person who lets any apartment or
tenement, knowing that it is to be used for the purpose of
assignation or prostitution, is guilty of a misdemeanor.



318. Whoever, through invitation or device, prevails upon any
person to visit any room, building, or other places kept for the
purpose of illegal gambling or prostitution, is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in the
county jail not exceeding six months, or fined not exceeding five
hundred dollars ($500), or be punished by both that fine and
imprisonment.


318.5. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a county
or city, if that ordinance directly regulates the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, who acts as a waiter, waitress, or entertainer, whether or
not the owner of the establishment in which the activity is performed
employs or pays any compensation to that person to perform the
activity, in an adult or ***ually oriented business. For purposes of
this section, an "adult or ***ually oriented business" includes any
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, or specified ***ual activities that involve the exposure of
the genitals or buttocks of any person, or the breasts of any female
person.
(b) The provisions of this section shall not be construed to apply
to any adult or ***ually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
This section shall be known and may be cited as the "Quimby-Walsh
Act."



318.6. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a city
or county, if that ordinance relates to any live acts,
demonstrations, or exhibitions occurring within adult or ***ually
oriented businesses and involve the exposure of the genitals or
buttocks of any participant or the breasts of any female participant,
and if that ordinance prohibits an act or acts which are not
expressly authorized or prohibited by this code.
(b) For purposes of this section, an "adult or ***ually oriented
business" includes any establishment that regularly features live
performances which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person or ***ual activities that involve the
exposure of the genitals or buttocks of any person, or the breasts of
any female person.
(c) The provisions of this section shall not be construed to apply
to any adult or ***ually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
(d) This section shall not be construed to preempt the legislative
body of any city or county from regulating an adult or ***ually
oriented business, or similar establishment, in the manner and to the
extent permitted by the United States Constitution and the
California Constitution.

[هيثم الفقى]

319. A lottery is any scheme for the disposal or distribution of
property by chance, among persons who have paid or promised to pay
any valuable consideration for the chance of obtaining such property
or a portion of it, or for any share or any interest in such
property, upon any agreement, understanding, or expectation that it
is to be distributed or disposed of by lot or chance, whether called
a lottery, raffle, or gift enterprise, or by whatever name the same
may be known.



319.3. (a) In addition to Section 319, a lottery also shall include
a grab bag game which is a scheme whereby, for the disposal or
distribution of sports trading cards by chance, a person pays
valuable consideration to purchase a sports trading card grab bag
with the understanding that the purchaser has a chance to win a
designated prize or prizes listed by the seller as being contained in
one or more, but not all, of the grab bags.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Sports trading card grab bag" means a sealed package which
contains one or more sports trading cards that have been removed from
the manufacturer's original packaging. A "sports trading card grab
bag" does not include a sweepstakes, or procedure for the
distribution of any sports trading card of value by lot or by chance,
which is not unlawful under other provisions of law.
(2) "Sports trading card" means any card produced for use in
commerce that contains a company name or logo, or both, and an image,
representation, or facsimile of one or more players or other team
member or members in any pose, and that is produced pursuant to an
appropriate licensing agreement.



319.5. Neither this chapter nor Chapter 10 (commencing with Section
330) applies to the possession or operation of a reverse vending
machine. As used in this section a reverse vending machine is a
machine in which empty beverage containers are deposited for
recycling and which provides a payment of money, merchandise,
vouchers, or other incentives at a frequency less than upon each
deposit. The pay out of a reverse vending machine is made on a
deposit selected at random within the designated number of required
deposits.
The deposit of an empty beverage container in a reverse vending
machine does not constitute consideration within the definition of
lottery in Section 319.



320. Every person who contrives, prepares, sets up, proposes, or
draws any lottery, is guilty of a misdemeanor.



320.5. (a) Nothing in this chapter applies to any raffle conducted
by an eligible organization as defined in subdivision (c) for the
purpose of directly supporting beneficial or charitable purposes or
financially supporting another private, nonprofit, eligible
organization that performs beneficial or charitable purposes if the
raffle is conducted in accordance with this section.
(b) For purposes of this section, "raffle" means a scheme for the
distribution of prizes by chance among persons who have paid money
for paper tickets that provide the opportunity to win these prizes,
where all of the following are true:
(1) Each ticket is sold with a detachable coupon or stub, and both
the ticket and its associated coupon or stub are marked with a
unique and matching identifier.
(2) Winners of the prizes are determined by draw from among the
coupons or stubs described in paragraph (1) that have been detached
from all tickets sold for entry in the draw.
(3) The draw is conducted in California under the supervision of a
natural person who is 18 years of age or older.
(4) (A) At least 90 percent of the gross receipts generated from
the sale of raffle tickets for any given draw are used by the
eligible organization conducting the raffle to benefit or provide
support for beneficial or charitable purposes, or it may use those
revenues to benefit another private, nonprofit organization, provided
that an organization receiving these funds is itself an eligible
organization as defined in subdivision (c). As used in this section,
"beneficial purposes" excludes purposes that are intended to benefit
officers, directors, or members, as defined by Section 5056 of the
Corporations Code, of the eligible organization. In no event shall
funds raised by raffles conducted pursuant to this section be used to
fund any beneficial, charitable, or other purpose outside of
California. This section does not preclude an eligible organization
from using funds from sources other than the sale of raffle tickets
to pay for the administration or other costs of conducting a raffle.

(B) An employee of an eligible organization who is a direct seller
of raffle tickets shall not be treated as an employee for purposes
of workers' compensation under Section 3351 of the Labor Code if the
following conditions are satisfied:
(i) Substantially all of the remuneration (whether or not paid in
cash) for the performance of the service of selling raffle tickets is
directly related to sales rather than to the number of hours worked.

(ii) The services performed by the person are performed pursuant
to a written contract between the seller and the eligible
organization and the contract provides that the person will not be
treated as an employee with respect to the selling of raffle tickets
for workers' compensation purposes.
(C) For purposes of this section, employees selling raffle tickets
shall be deemed to be direct sellers as described in Section 650 of
the Unemployment Insurance Code as long as they meet the requirements
of that section.
(c) For purposes of this section, "eligible organization" means a
private, nonprofit organization that has been qualified to conduct
business in California for at least one year prior to conducting a
raffle and is exempt from taxation pursuant to Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
23701w of the Revenue and Taxation Code.
(d) Any person who receives compensation in connection with the
operation of the raffle shall be an employee of the eligible
organization that is conducting the raffle, and in no event may
compensation be paid from revenues required to be dedicated to
beneficial or charitable purposes.
(e) No raffle otherwise permitted under this section may be
conducted by means of, or otherwise utilize, any gaming machine,
apparatus, or device, whether or not that machine, apparatus, or
device meets the definition of slot machine contained in Section
330a, 330b, or 330.1.
(f) No raffle otherwise permitted under this section may be
conducted, nor may tickets for a raffle be sold, within an operating
satellite wagering facility or racetrack inclosure licensed pursuant
to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of
Division 8 of the Business and Professions Code) or within a
gambling establishment licensed pursuant to the Gambling Control Act
(Chapter 5 (commencing with Section 19800) of Division 8 of the
Business and Professions Code). A raffle may not be advertised,
operated, or conducted in any manner over the Internet, nor may
raffle tickets be sold, traded, or redeemed over the Internet. For
purposes of this section, advertisement shall not be defined to
include the announcement of a raffle on the Web site of the
organization responsible for conducting the raffle.
(g) No individual, corporation, partnership, or other legal entity
shall hold a financial interest in the conduct of a raffle, except
the eligible organization that is itself authorized to conduct that
raffle, and any private, nonprofit, eligible organizations receiving
financial support from that charitable organization pursuant to
subdivisions (a) and (b).
(h) (1) An eligible organization may not conduct a raffle
authorized under this section, unless it registers annually with the
Department of Justice. The department shall furnish a registration
form via the Internet or upon request to eligible nonprofit
organizations. The department shall, by regulation, collect only the
information necessary to carry out the provisions of this section on
this form. This information shall include, but is not limited to,
the following:
(A) The name and address of the eligible organization.
(B) The federal tax identification number, the corporate number
issued by the Secretary of State, the organization number issued by
the Franchise Tax Board, or the California charitable trust
identification number of the eligible organization.
(C) The name and title of a responsible fiduciary of the
organization.
(2) The department may require an eligible organization to pay an
annual registration fee of ten dollars ($10) to cover the actual
costs of the department to administer and enforce this section. The
department may, by regulation, adjust the annual registration fee as
needed to ensure that revenues willfully offset, but do not exceed,
the actual costs incurred by the department pursuant to this section.
The fee shall be deposited by the department into the General Fund.

(3) The department shall receive General Fund moneys for the costs
incurred pursuant to this section subject to an appropriation by the
Legislature.
(4) The department shall adopt regulations necessary to effectuate
this section, including emergency regulations, pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(5) The department shall maintain an automated data base of all
registrants. Each local law enforcement agency shall notify the
department of any arrests or investigation that may result in an
administrative or criminal action against a registrant. The
department may audit the records and other documents of a registrant
to ensure compliance with this section.
(6) Once registered, an eligible organization must file annually
thereafter with the department a report that includes the following:

(A) The aggregate gross receipts from the operation of raffles.
(B) The aggregate direct costs incurred by the eligible
organization from the operation of raffles.
(C) The charitable or beneficial purposes for which proceeds of
the raffles were used, or identify the eligible recipient
organization to which proceeds were directed, and the amount of those
proceeds.
(7) The department shall annually furnish to registrants a form to
collect this information.
(8) The registration and reporting provisions of this section do
not apply to any religious corporation sole or other religious
corporation or organization that holds property for religious
purposes, to a cemetery corporation regulated under Chapter 19 of
Division 3 of the Business and Professions Code, or to any committee
as defined in Section 82013 that is required to and does file any
statement pursuant to the provisions of Article 2 (commencing with
Section 84200) of Chapter 4 of Title 9, or to a charitable
corporation organized and operated primarily as a religious
organization, educational institution, hospital, or a health care
service plan licensed pursuant to Section 1349 of the Health and
Safety Code.
(i) The department may take legal action against a registrant if
it determines that the registrant has violated this section or any
regulation adopted pursuant to this section, or that the registrant
has engaged in any conduct that is not in the best interests of the
public's health, safety, or general welfare. Any action taken
pursuant to this subdivision does not prohibit the commencement of an
administrative or criminal action by the Attorney General, a
district attorney, city attorney, or county counsel.
(j) Each action and hearing conducted to deny, revoke, or suspend
a registry, or other administrative action taken against a registrant
shall be conducted pursuant to the Administrative Procedure Act
(Chapters 4.5 and 5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). The department may
seek recovery of the costs incurred in investigating or prosecuting
an action against a registrant or applicant in accordance with those
procedures specified in Section 125.3 of the Business and Professions
Code. A proceeding conducted under this subdivision is subject to
judicial review pursuant to Section 1094.5 of the Code of Civil
Procedure.
(k) The Department of Justice shall conduct a study and report to
the Legislature by December 31, 2003, on the impact of this section
on raffle practices in California. Specifically, the study shall
include, but not be limited to, information on whether the number of
raffles has increased, the amount of money raised through raffles and
whether this amount has increased, whether there are consumer
complaints, and whether there is increased fraud in the operation of
raffles.
(l) This section shall become operative on July 1, 2001.
(m) A raffle shall be exempt from this section if it satisfies all
of the following requirements:
(1) It involves a general and indiscriminate distributing of the
tickets.
(2) The tickets are offered on the same terms and conditions as
the tickets for which a donation is given.
(3) The scheme does not require any of the participants to pay for
a chance to win.


321. Every person who sells, gives, or in any manner whatever,
furnishes or transfers to or for any other person any ticket, chance,
share, or interest, or any paper, certificate, or instrument
purporting or understood to be or to represent any ticket, chance,
share, or interest in, or depending upon the event of any lottery, is
guilty of a misdemeanor.



322. Every person who aids or assists, either by printing, writing,
advertising, publishing, or otherwise in setting up, managing, or
drawing any lottery, or in selling or disposing of any ticket,
chance, or share therein, is guilty of a misdemeanor.




323. Every person who opens, sets up, or keeps, by himself or by
any other person, any office or other place for the sale of, or for
registering the number of any ticket in any lottery, or who, by
printing, writing, or otherwise, advertises or publishes the setting
up, opening, or using of any such office, is guilty of a misdemeanor.




324. Every person who insures or receives any consideration for
insuring for or against the drawing of any ticket in any lottery
whatever, whether drawn or to be drawn within this State or not, or
who receives any valuable consideration upon any agreement to repay
any sum, or deliver the same, or any other property, if any lottery
ticket or number of any ticket in any lottery shall prove fortunate
or unfortunate, or shall be drawn or not be drawn, at any particular
time or in any particular order, or who promises or agrees to pay any
sum of money, or to deliver any goods, things in action, or
property, or to forbear to do anything for the benefit of any person,
with or without consideration, upon any event or contingency
dependent on the drawing of any ticket in any lottery, or who
publishes any notice or proposal of any of the purposes aforesaid, is
guilty of a misdemeanor.



325. All moneys and property offered for sale or distribution in
violation of any of the provisions of this chapter are forfeited to
the state, and may be recovered by information filed, or by an action
brought by the Attorney General, or by any district attorney, in the
name of the state. Upon the filing of the information or complaint,
the clerk of the court must issue an attachment against the property
mentioned in the complaint or information, which attachment has the
same force and effect against such property, and is issued in the
same manner as attachments issued from the superior courts in civil
cases.


326. Every person who lets, or permits to be used, any building or
vessel, or any portion thereof, knowing that it is to be used for
setting up, managing, or drawing any lottery, or for the purpose of
selling or disposing of lottery tickets, is guilty of a misdemeanor.



326.5. (a) Neither this chapter nor Chapter 10 (commencing with
Section 330) applies to any bingo game that is conducted in a city,
county, or city and county pursuant to an ordinance enacted under
Section 19 of Article IV of the State Constitution, if the ordinance
allows games to be conducted only by organizations exempted from the
payment of the bank and corporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and
Taxation Code and by mobilehome park associations and senior citizens
organizations; and if the receipts of those games are used only for
charitable purposes.
(b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed by
the organization conducting the bingo game may be paid from the
revenues of bingo games, as provided in subdivisions (j) and (k).
(c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is deposited
in the general fund of the city, county, or city and county that
enacted the ordinance authorizing the bingo game. A violation of any
provision of this section, other than subdivision (b), is a
misdemeanor.
(d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin a
violation of this section.
(e) No minors shall be allowed to participate in any bingo game.
(f) An organization authorized to conduct bingo games pursuant to
subdivision (a) shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization,
and which property is used by that organization for an office or for
performance of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require that the
property owned or leased by, or whose use is donated to, the
organization be used or leased exclusively by, or donated exclusively
to, that organization.
(g) All bingo games shall be open to the public, not just to the
members of the authorized organization.
(h) A bingo game shall be operated and staffed only by members of
the authorized organization that organized it. Those members shall
not receive a profit, wage, or salary from any bingo game. Only the
organization authorized to conduct a bingo game shall operate such a
game, or participate in the promotion, supervision, or any other
phase of a bingo game. This subdivision does not preclude the
employment of security personnel who are not members of the
authorized organization at a bingo game by the organization
conducting the game.
(i) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct a bingo game,
shall hold a financial interest in the conduct of a bingo game.
(j) With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the Revenue and Taxation
Code, all profits derived from a bingo game shall be kept in a
special fund or account and shall not be commingled with any other
fund or account. Those profits shall be used only for charitable
purposes.
(k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:
(1) The proceeds may be used for prizes.
(2) A portion of the proceeds, not to exceed 20 percent of the
proceeds before the deduction for prizes, or two thousand dollars
($2,000) per month, whichever is less, may be used for the rental of
property and for overhead, including the purchase of bingo equipment,
administrative expenses, security equipment, and security personnel.

(3) The proceeds may be used to pay license fees.
(4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable purposes
not relating to the conducting of bingo games and that the balance
shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount of
proceeds used for rental of property, overhead, and administrative
expenses is subject to the limitations specified in paragraph (2).
(l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.
(2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public
safety costs incurred by the city, county, or city and county that
are directly related to bingo activities may be imposed and shall be
collected monthly by the city, county, or city and county issuing the
license; however, the fee shall not exceed the actual costs incurred
in providing the service.
(m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.
(n) The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty dollars ($250) in cash
or kind, or both, for each separate game which is held.
(o) As used in this section, "bingo" means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols on a card that conform to numbers or symbols selected at
random. Notwithstanding Section 330c, as used in this section, the
game of bingo includes cards having numbers or symbols that are
concealed and preprinted in a manner providing for distribution of
prizes. The winning cards shall not be known prior to the game by
any person participating in the playing or operation of the bingo
game. All preprinted cards shall bear the legend, "for sale or use
only in a bingo game authorized under California law and pursuant to
local ordinance." It is the intention of the Legislature that bingo
as defined in this subdivision applies exclusively to this section
and shall not be applied in the construction or enforcement of any
other provision of law.


327. Every person who contrives, prepares, sets up, proposes, or
operates any endless chain is guilty of a public offense, and is
punishable by imprisonment in the county jail not exceeding one year
or in state prison for 16 months, two, or three years.
As used in this section, an "endless chain" means any scheme for
the disposal or distribution of property whereby a participant pays a
valuable consideration for the chance to receive compensation for
introducing one or more additional persons into participation in the
scheme or for the chance to receive compensation when a person
introduced by the participant introduces a new participant.
Compensation, as used in this section, does not mean or include
payment based upon sales made to persons who are not participants in
the scheme and who are not purchasing in order to participate in the
scheme.


328. Nothing in this chapter shall make unlawful the printing or
other production of any advertisements for, or any ticket, chance, or
share in a lottery conducted in any other state or nation where such
lottery is not prohibited by the laws of such state or nation; or
the sale of such materials by the manufacturer thereof to any person
or entity conducting or participating in the conduct of such a
lottery in any such state or nation. This section does not authorize
any advertisement within California relating to lotteries, or the
sale or resale within California of lottery tickets, chances, or
shares to individuals, or acts otherwise in violation of any laws of
the state.


329. Upon a trial for the violation of any of the provisions of
this chapter, it is not necessary to prove the existence of any
lottery in which any lottery ticket purports to have been issued, or
to prove the actual signing of any such ticket or share, or
pretended ticket or share, of any pretended lottery, nor that any
lottery ticket, share, or interest was signed or issued by the
authority of any manager, or of any person assuming to have authority
as manager; but in all cases proof of the sale, furnishing,
bartering, or procuring of any ticket, share, or interest therein, or
of any instrument purporting to be a ticket, or part or share of any
such ticket, is evidence that such share or interest was signed and
issued according to the purport thereof.

[هيثم الفقى]

330. Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of faro, monte, roulette, lansquenet, rouge
et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one,
hokey-pokey, or any banking or percentage game played with cards,
dice, or any device, for money, checks, credit, or other
representative of value, and every person who plays or bets at or
against any of those prohibited games, is guilty of a misdemeanor,
and shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
the fine and imprisonment.



330a. Every person, who has in his possession or under his control,
either as owner, lessee, agent, employee, mortgagee, or otherwise,
or who permits to be placed, maintained or kept, in any room, space,
inclosure or building owned, leased or occupied by him, or under his
management or control, any slot or card machine, contrivance,
appliance or mechanical device, upon the result of action of which
money or other valuable thing is staked or hazarded, and which is
operated, or played, by placing or depositing therein any coins,
checks, slugs, balls, or other articles or device, or in any other
manner and by means whereof, or as a result of the operation of which
any merchandise, money, representative or articles of value, checks,
or tokens, redeemable in, or exchangeable for money or any other
thing of value, is won or lost, or taken from or obtained from such
machine, when the result of action or operation of such machine,
contrivance, appliance, or mechanical device is dependent upon hazard
or chance, and every person, who has in his possession or under his
control, either as owner, lessee, agent, employee, mortgagee, or
otherwise, or who permits to be placed, maintained or kept, in any
room, space, inclosure or building, owned, leased or occupied by him,
or under his management or control, any card dice, or any dice
having more than six faces or bases each, upon the result of action
of which any money or other valuable thing is staked or hazarded, or
as a result of the operation of which any merchandise, money,
representative or article of value, check or token, redeemable in or
exchangeable for money or any other thing of value, is won or lost or
taken, when the result of action or operation of such dice is
dependent upon hazard or chance, is guilty of a misdemeanor, and
shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
such fine and imprisonment.



330b. (a) It is unlawful for any person to manufacture, repair,
own, store, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to repair,
sell, rent, lease, let on shares, lend or give away, or permit the
operation, placement, maintenance, or keeping of, in any place, room,
space, or building owned, leased, or occupied, managed, or
controlled by that person, any slot machine or device, as defined in
this section.
It is unlawful for any person to make or to permit the making of
an agreement with another person regarding any slot machine or
device, by which the user of the slot machine or device, as a result
of the element of hazard or chance or other unpredictable outcome,
may become entitled to receive money, credit, allowance, or other
thing of value or additional chance or right to use the slot machine
or device, or to receive any check, slug, token, or memorandum
entitling the holder to receive money, credit, allowance, or other
thing of value.
(b) The limitations of subdivision (a), insofar as they relate to
owning, storing, possessing, or transporting any slot machine or
device, do not apply to any slot machine or device located upon or
being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as the slot machine or device
is located in a locked compartment of the vessel, is not accessible
for use, and is not used or operated within the territorial
jurisdiction of this state.
(c) The limitations of subdivision (a) do not apply to a
manufacturer's business activities that are conducted in accordance
with the terms of a license issued by a tribal gaming agency pursuant
to the tribal-state gaming compacts entered into in accordance with
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168,
inclusive, and 25 U.S.C. Sec. 2701 et seq.).
(d) For purposes of this section, "slot machine or device" means a
machine, apparatus, or device that is adapted, or may readily be
converted, for use in a way that, as a result of the insertion of any
piece of money or coin or other object, or by any other means, the
machine or device is caused to operate or may be operated, and by
reason of any element of hazard or chance or of other outcome of
operation unpredictable by him or her, the user may receive or become
entitled to receive any piece of money, credit, allowance, or thing
of value, or additional chance or right to use the slot machine or
device, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance,
or thing of value, or which may be given in trade, irrespective of
whether it may, apart from any element of hazard or chance or
unpredictable outcome of operation, also sell, deliver, or present
some merchandise, indication of weight, entertainment, or other thing
of value.
(e) Every person who violates this section is guilty of a
misdemeanor.
(f) Pinball and other amusement machines or devices, which are
predominantly games of skill, whether affording the opportunity of
additional chances or free plays or not, are not included within the
term slot machine or device, as defined in this section.



330c. A punchboard as hereinafter defined is hereby declared to be
a slot machine or device within the meaning of Section 330b of this
code and shall be subject to the provisions thereof. For the
purposes of this section, a punchboard is any card, board or other
device which may be played or operated by pulling, pressing, punching
out or otherwise removing any slip, tab, paper or other substance
therefrom to disclose any concealed number, name or symbol.



330.1. Every person who manufactures, owns, stores, keeps,
possesses, sells, rents, leases, lets on shares, lends or gives
away, transports or exposes for sale or lease or offers to sell,
rent, lease, let on shares, lend or give away or who permits the
operation of or permits to be placed, maintained, used or kept in any
room, space or building owned, leased or occupied by him or under
his management or control, any slot machine or device as hereinafter
defined, and every person who makes or permits to be made with any
person any agreement with reference to any slot machine or device as
hereinafter defined, pursuant to which agreement the user thereof, as
a result of any element of hazard or chance, may become entitled to
receive anything of value or additional chance or right to use such
slot machine or device, or to receive any check, slug, token or
memorandum, whether of value or otherwise, entitling the holder to
receive anything of value, is guilty of a misdemeanor and shall be
punishable by a fine of not more than one thousand dollars ($1,000)
or by imprisonment in the county jail not exceeding six months or by
both such fine and imprisonment. A slot machine or device within the
meaning of Sections 330.1 to 330.5, inclusive, of this code is one
that is, or may be, used or operated in such a way that, as a result
of the insertion of any piece of money or coin or other object such
machine or device is caused to operate or may be operated or played,
mechanically, electrically, automatically or manually, and by reason
of any element of hazard or chance, the user may receive or become
entitled to receive anything of value or any check, slug, token or
memorandum, whether of value or otherwise, which may be given in
trade, or the user may secure additional chances or rights to use
such machine or device, irrespective of whether it may, apart from
any element of hazard or chance also sell, deliver or present some
merchandise, indication of weight, entertainment or other thing of
value.



330.2. As used in Sections 330.1 to 330.5, inclusive, of this code
a "thing of value" is defined to be any money, coin, currency, check,
chip, allowance, token, credit, merchandise, property, or any
representative of value.


330.3. In addition to any other remedy provided by law any slot
machine or device may be seized by any of the officers designated by
Sections 335 and 335a of the Penal Code, and in such cases shall be
disposed of, together with any and all money seized in or in
connection with such machine or device, as provided in Section 335a
of the Penal Code.



330.4. It is specifically declared that the mere possession or
control, either as owner, lessee, agent, employee, mortgagor, or
otherwise of any slot machine or device, as defined in Section 330.1
of this code, is prohibited and penalized by the provisions of
Sections 330.1 to 330.5, inclusive, of this code.
It is specifically declared that every person who permits to be
placed, maintained or kept in any room, space, enclosure, or building
owned, leased or occupied by him, or under his management or
control, whether for use or operation or for storage, bailment,
safekeeping or deposit only, any slot machine or device, as defined
in Section 330.1 of this code, is guilty of a misdemeanor and
punishable as provided in Section 330.1 of this code.
It is further declared that the provisions of this section
specifically render any slot machine or device as defined in Section
330.1 of this code subject to confiscation as provided in Section
335a of this code.



330.5. It is further expressly provided that Sections 330.1 to
330.4, inclusive, of this code shall not apply to music machines,
weighing machines and machines which vend cigarettes, candy, ice
cream, food, confections or other merchandise, in which there is
deposited an exact consideration and from which in every case the
customer obtains that which he purchases; and it is further expressly
provided that with respect to the provisions of Sections 330.1 to
330.4, inclusive, only, of this code, pin ball, and other amusement
machines or devices which are predominantly games of skill, whether
affording the opportunity of additional chances or free plays or not,
are not intended to be and are not included within the term slot
machine or device as defined within Sections 330.1 to 330.4,
inclusive, of this code.



330.6. The provisions of Sections 330.1 to 330.5, inclusive, of
this code, with respect to owning, storing, keeping, possessing, or
transporting any slot machine or device as therein defined, shall not
apply to any slot machine or device as therein defined, located upon
or being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as such slot machine or
device is located in a locked compartment of the vessel, is not
accessible for use and is not used or operated within the territorial
jurisdiction of this State.



330.7. (a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (d) of
Section 330b, if the defendant shows that the slot machine is an
antique slot machine and was not operated for gambling purposes while
in the defendant's possession. For the purposes of this section,
the term "antique slot machine" means a slot machine that is over 25
years of age.
(b) Notwithstanding Section 335a, whenever the defense provided by
subdivision (a) is offered, no slot machine seized from a defendant
shall be destroyed or otherwise altered until after a final court
determination that the defense is not applicable. If the defense is
applicable, the machine shall be returned pursuant to provisions of
law providing for the return of property.
(c) It is the purpose of this section to protect the collection
and restoration of antique slot machines not presently utilized for
gambling purposes because of their aesthetic interest and importance
in California history.


330.8. Notwithstanding Sections 330a, 330b, and 330.1 to 330.5,
inclusive, the sale, transportation, storage, and manufacture of
gambling devices, as defined in Section 330.1, including the
acquisition of essential parts therefor and the assembly of such
parts, is permitted, provided those devices are sold, transported,
stored, and manufactured only for subsequent transportation in
interstate or foreign commerce when that transportation is not
prohibited by any applicable federal law. Those activities may be
conducted only by persons who have registered with the United States
government pursuant to Chapter 24 (commencing with Section 1171) of
Title 15 of the United States Code, as amended. Those gambling
devices shall not be displayed to the general public or sold for use
in California regardless of where purchased, nor held nor
manufactured in violation of any applicable federal law. A violation
of this section is a misdemeanor.


330.9. (a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5,
inclusive, or any other provision of law, it shall be lawful for any
person to transport and possess any slot machine or device for
display at a trade show, conference, or convention being held within
this state, or if used solely as a prop for a motion picture,
television, or video production.
(b) Subdivision (a) shall apply only if the slot machine or device
is adjusted to render the machine or device inoperable, or if the
slot machine or device is set on demonstration mode.
(c) This section is intended to constitute a state exemption as
provided in Section 1172 of Title 15 of the United States Code.
(d) For purposes of this section:
(1) "Demonstration mode" means that the programming or settings of
a slot machine or device have been programmed, set, or selected to
operate normally, but to not accept or pay out cash or any other
consideration.
(2) "Slot machine or device" has the same meaning as "slot machine
or device" as defined in Section 330.1, or "gambling device" as
defined in paragraph (1) of subsection (a) of Section 1171 of Title
15 of the United States Code.



330.11. "Banking game" or "banked game" does not include a
controlled game if the published rules of the game feature a
player-dealer position and provide that this position must be
continuously and systematically rotated amongst each of the
participants during the play of the game, ensure that the
player-dealer is able to win or lose only a fixed and limited wager
during the play of the game, and preclude the house, another entity,
a player, or an observer from maintaining or operating as a bank
during the course of the game. For purposes of this section it is
not the intent of the Legislature to mandate acceptance of the deal
by every player if the division finds that the rules of the game
render the maintenance of or operation of a bank impossible by other
means. The house shall not occupy the player-dealer position.



331. Every person who knowingly permits any of the games mentioned
in Sections 330 and 330a to be played, conducted, or dealt in any
house owned or rented by such person, in whole or in part, is
punishable as provided in Sections 330 and 330a.




332. (a) Every person who by the game of "three card monte,"
so-called, or any other game, device, sleight of hand, pretensions to
fortune telling, trick, or other means whatever, by use of cards or
other implements or instruments, or while betting on sides or hands
of any play or game, fraudulently obtains from another person money
or property of any description, shall be punished as in the case of
larceny of property of like value for the first offense, except that
the fine may not exceed more than five thousand dollars ($5,000). A
second offense of this section is punishable, as in the case of
larceny, except that the fine shall not exceed ten thousand dollars
($10,000), or both imprisonment and fine.
(b) For the purposes of this section, "fraudulently obtains"
includes, but is not limited to, cheating, including, for example,
gaining an unfair advantage for any player in any game through a
technique or device not sanctioned by the rules of the game.
(c) For the purposes of establishing the value of property under
this section, poker chips, tokens, or markers have the monetary value
assigned to them by the players in any game.



333. Every person duly summoned as a witness for the prosecution,
on any proceedings had under this Chapter, who neglects or refuses to
attend, as required, is guilty of a misdemeanor.



334. (a) Every person who owns or operates any concession, and who
fraudulently obtains money from another by means of any hidden
mechanical device or obstruction with intent to diminish the chance
of any patron to win a prize, or by any other fraudulent means, shall
be punished as in the case of theft of property of like value.
(b) Any person who manufactures or sells any mechanical device or
obstruction for a concession which he knows or reasonably should know
will be fraudulently used to diminish the chance of any patron to
win a prize is guilty of a misdemeanor.
(c) Any person who owns or operates any game, at a fair or
carnival of a type known as razzle-dazzle is guilty of a misdemeanor.

As used in this subdivision, "razzle-dazzle" means a series of
games of skill or chance in which the player pays money or other
valuable consideration in return for each opportunity to make
successive attempts to obtain points by the use of dice, darts,
marbles or other implements, and where such points are accumulated in
successive games by the player toward a total number of points,
determined by the operator, which is required for the player to win a
prize or other valuable consideration.
(d) As used in this section, "concession" means any game or
concession open to the public and operated for profit in which the
patron pays a fee for participating and may receive a prize upon a
later happening.
(e) Nothing in this section shall be construed to prohibit or
preempt more restrictive regulation of any concession at a fair or
carnival by any local governmental entity.



335. Every district attorney, sheriff, or police officer must
inform against and diligently prosecute persons whom they have
reasonable cause to believe offenders against the provisions of this
chapter, and every officer refusing or neglecting so to do, is guilty
of a misdemeanor.



335a. In addition to any other remedy provided by law any machine
or other device the possession or control of which is penalized by
the laws of this State prohibiting lotteries or gambling may be
seized by any peace officer, and a notice of intention summarily to
destroy such machine or device as provided in this section must be
posted in a conspicuous place upon the premises in or upon which such
machine or device was seized. Such machine or device shall be held
by such officer for 30 days after such posting, and if no action is
commenced to recover possession of such machine or device, within
such time, the same shall be summarily destroyed by such officer, or
if such machine or device shall be held by the court, in any such
action, to be in violation of such laws, or any of them, the same
shall be summarily destroyed by such officer immediately after the
decision of the court has become final.
The superior court shall have jurisdiction of any such actions or
proceedings commenced to recover the possession of such machine or
device or any money seized in connection therewith.
Any and all money seized in or in connection with such machine or
device shall, immediately after such machine or device has been so
destroyed, be paid into the treasury of the city or county, as the
case may be, where seized, said money to be deposited in the general
fund.



336. Every owner, lessee, or keeper of any house used in whole, or
in part, as a saloon or drinking place, who knowingly permits any
person under 18 years of age to play at any game of chance therein,
is guilty of a misdemeanor.


336.5. Gaming chips may be used on the gaming floor by a patron of
a gambling establishment, as defined in subdivision (m) of Section
19805 of the Business and Professions Code, to pay for food and
beverage items that are served at the table.




337. Every state, county, city, city and county, town, or judicial
district officer, or other person who shall ask for, receive, or
collect any money, or other valuable consideration, either for his
own or the public use, for and with the understanding that he will
aid, exempt, or otherwise assist any person from arrest or conviction
for a violation of Section 330 of the Penal Code; or who shall
issue, deliver, or cause to be given or delivered to any person or
persons, any license, permit, or other privilege, giving, or
pretending to give, any authority or right to any person or persons
to carry on, conduct, open, or cause to be opened, any game or games
which are forbidden or prohibited by Section 330 of said code; and
any of such officer or officers who shall vote for the passage of any
ordinance or by-law, giving, granting, or pretending to give or
grant to any person or persons any authority or privilege to open,
carry on, conduct, or cause to be opened, carried on, or conducted,
any game or games prohibited by said Section 330 of the Penal Code,
is guilty of a felony.



337a. (a) Every person who engages in one of the following
offenses, shall be punished for a first offense by imprisonment in a
county jail for a period of not more than one year or in the state
prison, or by a fine not to exceed five thousand dollars ($5,000), or
by both imprisonment and fine:
(1) Pool selling or bookmaking, with or without writing, at any
time or place.
(2) Whether for gain, hire, reward, or gratuitously, or otherwise,
keeps or occupies, for any period of time whatsoever, any room,
shed, tenement, tent, booth, building, float, vessel, place, stand or
enclosure, of any kind, or any part thereof, with a book or books,
paper or papers, apparatus, device or paraphernalia, for the purpose
of recording or registering any bet or bets, any purported bet or
bets, wager or wagers, any purported wager or wagers, selling pools,
or purported pools, upon the result, or purported result, of any
trial, purported trial, contest, or purported contest, of skill,
speed or power of endurance of person or animal, or between persons,
animals, or mechanical apparatus, or upon the result, or purported
result, of any lot, chance, casualty, unknown or contingent event
whatsoever.
(3) Whether for gain, hire, reward, or gratuitously, or otherwise,
receives, holds, or forwards, or purports or pretends to receive,
hold, or forward, in any manner whatsoever, any money, thing or
consideration of value, or the equivalent or memorandum thereof,
staked, pledged, bet or wagered, or to be staked, pledged, bet or
wagered, or offered for the purpose of being staked, pledged, bet or
wagered, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(4) Whether for gain, hire, reward, or gratuitously, or otherwise,
at any time or place, records, or registers any bet or bets, wager
or wagers, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(5) Being the owner, lessee or occupant of any room, shed,
tenement, tent, booth, building, float, vessel, place, stand,
enclosure or grounds, or any part thereof, whether for gain, hire,
reward, or gratuitously, or otherwise, permits that space to be used
or occupied for any purpose, or in any manner prohibited by paragraph
(1), (2), (3), or (4).
(6) Lays, makes, offers or accepts any bet or bets, or wager or
wagers, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus.
(b) In any accusatory pleading charging a violation of this
section, if the defendant has been once previously convicted of a
violation of any subdivision of this section, the previous conviction
shall be charged in the accusatory pleading, and, 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, if he or she is not imprisoned in the state prison,
be imprisoned in the county jail for a period of not more than one
year and pay a fine of not less than one thousand dollars ($1,000)
and not to exceed ten thousand dollars ($10,000). Nothing in this
paragraph shall prohibit a court from placing a person subject to
this subdivision on probation. However, that person shall be required
to pay a fine of not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000) or be imprisoned in the
county jail for a period of not more than one year, as a condition
thereof. In no event does the court have the power to absolve a
person convicted pursuant to this subdivision from either being
imprisoned or from paying a fine of not less than one thousand
dollars ($1,000) and not more than ten thousand dollars ($10,000).
(c) In any accusatory pleading charging a violation of this
section, if the defendant has been previously convicted two or more
times of a violation of any subdivision of this section, each
previous conviction shall be charged in the accusatory pleadings. 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, if he or she is not
imprisoned in the state prison, be imprisoned in the county jail for
a period of not more than one year or pay a fine of not less than one
thousand dollars ($1,000) nor more than fifteen thousand dollars
($15,000), or be punished by both imprisonment and fine. Nothing in
this paragraph shall prohibit a court from placing a person subject
to this subdivision on probation. However, that person shall be
required to pay a fine of not less than one thousand dollars ($1,000)
nor more than fifteen thousand dollars ($15,000), or be imprisoned
in the county jail for a period of not more than one year as a
condition thereof. In no event does the court have the power to
absolve a person convicted and subject to this subdivision from
either being imprisoned or from paying a fine of not more than
fifteen thousand dollars ($15,000).
(d) Except where the existence of a previous conviction of any
subdivision of this section was not admitted or not found to be true
pursuant to this section, or the court finds that a prior conviction
was invalid, the court shall not strike or dismiss any prior
convictions alleged in the information or indictment.
(e) This section applies not only to persons who commit any of the
acts designated in paragraphs (1) to (6), inclusive, of subdivision
(a), as a business or occupation, but also applies to every person
who in a single instance engages in any one of the acts specified in
paragraphs (1) to (6), inclusive, of subdivision (a).



337b. Any person who gives, or offers or promises to give, or
attempts to give or offer, any money, bribe, or thing of value, to
any participant or player, or to any prospective participant or
player, in any sporting event, contest, or exhibition of any kind
whatsoever, except a wrestling exhibition as defined in Section 18626
of the Business and Professions Code, and specifically including,
but without being limited to, such sporting events, contests, and
exhibitions as baseball, football, basketball, boxing, horseracing,
and wrestling matches, with the intention or understanding or
agreement that such participant or player or such prospective
participant or player shall not use his or her best efforts to win
such sporting event, contest, or exhibition, or shall so conduct
himself or herself in such sporting event, contest, or exhibition
that any other player, participant or team of players or participants
shall thereby be assisted or enabled to win such sporting event,
contest, or exhibition, or shall so conduct himself or herself in
such sporting event, contest, or exhibition as to limit his or her or
his or her team's margin of victory in such sporting event, contest,
or exhibition, is guilty of a felony, and shall be punished by
imprisonment in the state prison, or by a fine not exceeding five
thousand dollars ($5,000), or by both such fine and imprisonment.



337c. Any person who accepts, or attempts to accept, or offers to
accept, or agrees to accept, any money, bribe or thing of value,
with the intention or understanding or agreement that he or she will
not use his or her best efforts to win any sporting event, contest,
or exhibition of any kind whatsoever, except a wrestling exhibition
as defined in Section 18626 of the Business and Professions Code, and
specifically including, but without being limited to, such sporting
events, contests, or exhibitions as baseball, football, basketball,
boxing, horseracing, and wrestling matches, in which he or she is
playing or participating or is about to play or participate in, or
will so conduct himself or herself in such sporting event, contest,
or exhibition that any other player or participant or team of players
or participants shall thereby be assisted or enabled to win such
sporting event, contest, or exhibition, or will so conduct himself or
herself in such sporting event, contest, or exhibition as to limit
his or her or his or her team's margin of victory in such sporting
event, contest, or exhibition, is guilty of a felony, and shall be
punished by imprisonment in the state prison, or by a fine not
exceeding five thousand dollars ($5,000), or by both such fine and
imprisonment.



337d. Any person who gives, offers to give, promises to give, or
attempts to give, any money, bribe, or thing of value to any person
who is umpiring, managing, directing, refereeing, supervising,
judging, presiding, or officiating at, or who is about to umpire,
manage, direct, referee, supervise, judge, preside, or officiate at
any sporting event, contest, or exhibition of any kind whatsoever,
including, but not limited to, sporting events, contests, and
exhibitions such as baseball, football, boxing, horse racing, and
wrestling matches, with the intention or agreement or understanding
that the person shall corruptly or dishonestly umpire, manage,
direct, referee, supervise, judge, preside, or officiate at, any
sporting event, contest, or exhibition, or the players or
participants thereof, with the intention or purpose that the result
of the sporting event, contest, or exhibition will be affected or
influenced thereby, is guilty of a felony and shall be punished by
imprisonment in the state prison or by a fine of not more than ten
thousand dollars ($10,000), or by imprisonment and fine. A second
offense of this section is a felony and shall be punished by
imprisonment in the state prison or by a fine of not more than
fifteen thousand dollars ($15,000), or by both imprisonment and fine.




337e. Any person who as umpire, manager, director, referee,
supervisor, judge, presiding officer or official receives or agrees
to receive, or attempts to receive any money, bribe or thing of
value, with the understanding or agreement that such umpire, manager,
director, referee, supervisor, judge, presiding officer, or official
shall corruptly conduct himself or shall corruptly umpire, manage,
direct, referee, supervise, judge, preside, or officiate at, any
sporting event, contest, or exhibition of any kind whatsoever, and
specifically including, but without being limited to, such sporting
events, contests, and exhibitions as baseball, football, boxing,
horseracing, and wrestling matches, or any player or participant
thereof, with the intention or purpose that the result of the
sporting event, contest, or exhibition will be affected or influenced
thereby, is guilty of a felony and shall be punished by imprisonment
in the state prison, or by a fine not exceeding five thousand
dollars ($5,000), or by both such fine and imprisonment.




337f. Any person: (a) Who influences, or induces, or conspires
with, any owner, jockey, groom or other person associated with or
interested in any stable, horse, or race in which a horse
participates, to affect the result of such race by stimulating or
depressing a horse through the administration of any drug to such
horse, or by the use of any electrical device or any electrical
equipment or by any mechanical or other device not generally accepted
as regulation racing equipment, or
(b) Who so stimulates or depresses a horse, or
(c) Who knowingly enters any horse in any race within a period of
24 hours after any drug has been administered to such horse for the
purpose of increasing or retarding the speed of such horse, is
punishable by a fine not exceeding five thousand dollars ($5,000), or
by imprisonment in the state prison, or in a county jail not
exceeding one year, or by both such fine and imprisonment, or
(d) Who willfully or unjustifiably enters or races any horse in
any running or trotting race under any name or designation other than
the name or designation assigned to such horse by and registered
with the Jockey Club or the United States Trotting Association or who
willfully sets on foot, instigates, engages in or in any way
furthers any act by which any horse is entered or raced in any
running or trotting race under any name or designation other than the
name or designation duly assigned by and registered with the Jockey
Club or the United States Trotting Association is guilty of a felony
and punishable by imprisonment in the state prison, or by a fine not
exceeding five thousand dollars ($5,000) or by both such fine and
imprisonment.
The term "drug" includes all substances recognized as having the
power of stimulating or depressing the central nervous system,
respiration, or blood pressure of an animal, such as narcotics,
hypnotics, benzedrine or its derivatives, but shall not include
recognized vitamins or supplemental feeds approved by the
veterinarian representing the California Racing Board.



337g. The possession, transport or use of any local anaesthetic of
the cocaine group, including but not limited to natural or synthetic
drugs of this group, such as allocaine, apothesine, alypine, benzyl
carbinol, butyn, procaine, nupercaine, beta-eucaine, novol or
anestubes, within the racing inclosure is prohibited, except upon a
bona fide veterinarian's prescription with complete statement of uses
and purposes of same on the container. A copy of such prescription
shall be filed with the stewards, and such substances may be used
only with approval of the stewards and under the supervision of the
veterinarian representing the board.



337h. Any person who, except for medicinal purposes, administers
any poison, drug, medicine, or other noxious substance, to any horse,
stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt,
filly, dog, animals, or other livestock, entered or about to be
entered in any race or upon any race course, or entered or about to
be entered at or with any agricultural park, or association, race
course, or corporation, or other exhibition for competition for
prize, reward, purse, premium, stake, sweepstakes, or other reward,
or who exposes any poison, drug, medicine, or noxious substance, with
intent that it shall be taken, inhaled, swallowed, or otherwise
received by any of these animals or other livestock, with intent to
impede or affect its speed, endurance, sense, health, physical
condition, or other character or quality, or who causes to be taken
by or placed upon or in the body of any of these animals or other
livestock, entered or about to be entered in any race or competition
described in this section any sponge, wood, or foreign substance of
any kind, with intent to impede or affect its speed, endurance,
sense, health, or physical condition, is guilty of a misdemeanor.



337i. Every person who knowingly transmits information as to the
progress or results of a horserace, or information as to wagers,
betting odds, changes in betting odds, post or off times, jockey or
player changes in any contest or trial, or purported contest or
trial, involving humans, beasts, or mechanical apparatus by any means
whatsoever including, but not limited to telephone, telegraph,
radio, and semaphore when such information is transmitted to or by a
person or persons engaged in illegal gambling operations, is
punishable by imprisonment in the county jail for a period of not
more than one year or in the state prison.
This section shall not be construed as prohibiting a newspaper
from printing such results or information as news, or any television
or radio station from telecasting or broadcasting such results or
information as news. This section shall not be so construed as to
place in jeopardy any common carrier or its agents performing
operations within the scope of a public franchise, or any gambling
operation authorized by law.



337j. (a) It is unlawful for any person, as owner, lessee, or
employee, whether for hire or not, either solely or in conjunction
with others, to do any of the following without having first procured
and thereafter maintained in effect all federal, state, and local
licenses required by law:
(1) To deal, operate, carry on, conduct, maintain, or expose for
play in this state any controlled game.
(2) To receive, directly or indirectly, any compensation or reward
or any percentage or share of the revenue, for keeping, running, or
carrying on any controlled game.
(3) To manufacture, distribute, or repair any gambling equipment
within the boundaries of this state, or to receive, directly or
indirectly, any compensation or reward for the manufacture,
distribution, or repair of any gambling equipment within the
boundaries of this state.
(b) It is unlawful for any person to knowingly permit any
controlled game to be conducted, operated, dealt, or carried on in
any house or building or other premises that he or she owns or
leases, in whole or in part, if that activity is undertaken by a
person who is not licensed as required by state law, or by an
employee of that person.
(c) It is unlawful for any person to knowingly permit any gambling
equipment to be manufactured, stored, or repaired in any house or
building or other premises that the person owns or leases, in whole
or in part, if that activity is undertaken by a person who is not
licensed as required by state law, or by an employee of that person.

(d) Any person who violates, attempts to violate, or conspires to
violate this section shall be punished by imprisonment in a county
jail for not more than one year or by a fine of not more than ten
thousand dollars ($10,000), or by both imprisonment and fine. A
second offense of this section is punishable by imprisonment in a
county jail for a period of not more than one year or in the state
prison or by a fine of not more than ten thousand dollars ($10,000),
or by both imprisonment and fine.
(e) (1) As used in this section, "controlled game" means any poker
or Pai Gow game, and any other game played with cards or tiles, or
both, and approved by the Department of Justice, and any game of
chance, including any gambling device, played for currency, check,
credit, or any other thing of value that is not prohibited and made
unlawful by statute or local ordinance.
(2) As used in this section, "controlled game" does not include
any of the following:
(A) The game of bingo conducted pursuant to Section 326.5.
(B) Parimutuel racing on horse races regulated by the California
Horse Racing Board.
(C) Any lottery game conducted by the California State Lottery.
(D) Games played with cards in private homes or residences, in
which no person makes money for operating the game, except as a
player.
(f) This subdivision is intended to be dispositive of the law
relating to the collection of player fees in gambling establishments.
A fee may not be calculated as a fraction or percentage of wagers
made or winnings earned. The amount of fees charged for all wagers
shall be determined prior to the start of play of any hand or round.
However, the gambling establishment may waive collection of the fee
or portion of the fee in any hand or round of play after the hand or
round has begun pursuant to the published rules of the game and the
notice provided to the public. The actual collection of the fee may
occur before or after the start of play. Ample notice shall be
provided to the patrons of gambling establishments relating to the
assessment of fees. Flat fees on each wager may be assessed at
different collection rates, but no more than five collection rates
may be established per table. However, if the gambling establishment
waives its collection fee, this fee does not constitute one of the
five collection rates.


337k. (a) It is unlawful for any person to advertise, or to
facilitate the advertisement of, nonparimutuel wagering on horse
races.
(b) Violation of this section is an infraction punishable by a
fine of five hundred dollars ($500). A second conviction for a
violation of this section is a misdemeanor punishable by a fine of up
to ten thousand dollars ($10,000).



337s. (a) This section applies only in counties with a population
exceeding 4,000,000.
(b) Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of draw poker, including lowball poker, is
guilty of a misdemeanor.
(c) Subdivision (b) shall become operative in a county only if the
board of supervisors thereof by resolution directs that there be
placed on the ballot at a designated county election the question
whether draw poker, including lowball poker, shall be prohibited in
the county and a majority of electors voting thereon vote
affirmatively. The question shall appear on the ballot in
substantially the following form:
"Shall draw poker, including lowball poker, be prohibited in ____
County? Yes ____ No ____"
If a majority of electors voting thereon vote affirmatively, draw
poker shall be prohibited in the unincorporated territory in the
county.
(d) Any county ordinance in any county prohibiting, restricting,
or regulating the playing of draw poker and other acts relating to
draw poker shall not be superseded until, pursuant to subdivision
(c), the electorate of the county determines that subdivision (b)
shall be operative in the county.
(e) The Legislature finds that in counties with a large,
concentrated population, problems incident to the playing of draw
poker are, in part, qualitatively, as well as quantitatively,
different from the problems in smaller counties.
The Legislature finds that counties with a population exceeding
4,000,000 constitute a special problem, and it is reasonable
classification to adopt prohibitory legislation applicable only to
such counties.
(f) If any provision of this section is held invalid, the entire
section shall be invalid. The provisions of this section are not
severable.


337t. The following definitions govern the construction of this
section and Sections 337u, 337w, 337x, and 337y:
(a) "Associated equipment" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game that
would not otherwise be classified as a gaming device, including dice,
playing cards, links which connect to progressive slot machines,
equipment which affects the proper reporting of gross revenue,
computerized systems for monitoring slot machines and devices for
weighing or counting money.
(b) "Cashless wagering system" means a method of wagering and
accounting in which the validity and value of a wagering instrument
or wagering credits are determined, monitored, and retained by a
computer that is operated and maintained by a licensee and that
maintains a record of each transaction involving the wagering
instrument or wagering credits, exclusive of the game or gaming
device on which wagers are being made. The term includes
computerized systems which facilitate electronic transfers of money
directly to or from a game or gaming device.
(c) "Cheat" means to alter the normal elements of chance, method
of selection, or criteria, excluding those alterations to the game
generally done by the casino to provide variety to games and that are
known, or should be known, by the wagering players, which determine
any of the following:
(1) The result of a gambling game.
(2) The amount or frequency of payment in a gambling game.
(3) The value of a wagering instrument.
(4) The value of a wagering credit.
(d) "Drop box" means the box that serves as a repository for cash,
chips, tokens, or other wagering instruments.
(e) "Gambling establishment" means any premises wherein or whereon
any gaming is done.
(f) "Gambling game device" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game which
affects the result of a wager by determining win or loss. The term
includes any of the following:
(1) A slot machine.
(2) A collection of two or more of the following components:
(A) An assembled electronic circuit which cannot be reasonably
demonstrated to have any use other than in a slot machine.
(B) A cabinet with electrical wiring and provisions for mounting a
coin, token, or currency acceptor and provisions for mounting a
dispenser of coins, tokens, or anything of value.
(C) A storage medium containing the source language or executable
code of a computer program that cannot be reasonably demonstrated to
have any use other than in a slot machine.
(D) An assembled video display unit.
(E) An assembled mechanical or electromechanical display unit
intended for use in gambling.
(F) An assembled mechanical or electromechanical unit which cannot
be demonstrated to have any use other than in a slot machine.
(3) Any mechanical, electrical, or other device that may be
connected to or used with a slot machine to alter the normal criteria
of random selection or affect the outcome of a game.
(4) A system for the accounting or management of any game in which
the result of the wager is determined electronically by using any
combination of hardware or software for computers.
(5) Any combination of one of the components set forth in
subparagraphs (A) to (F), inclusive, of paragraph (2) and any other
component that the commission determines, by regulation, to be a
machine used directly or remotely in connection with gaming or any
game which affects the results of a wager by determining a win or
loss.
(g) "Past-posting" means the placing of a wager by an individual
at a game after having knowledge of the result or outcome of that
game.
(h) "Pinching wagers" means to reduce the amount wagered or to
cancel the wager after acquiring knowledge of the outcome of the game
or other event that is the subject of the wager.
(i) "Pressing wagers" means to increase a wager after acquiring
knowledge of the outcome of the game or other event that is the
subject of the wager.
(j) "Tribal Gaming Agency" means the person, agency, board,
committee, commission, or council designated under tribal law,
including, but not limited to, an intertribal gaming regulatory
agency approved to fulfill those functions by the National Indian
Gaming Commission, as primarily responsible for carrying out the
regulatory responsibilities of the tribe under the Indian Gaming and
Regulatory Act (25 U.S.C. Sec. 2701) and a tribal gaming ordinance.
(k) "Wagering credit" means a representative of value, other than
a chip, token, or wagering instrument, that is used for wagering at a
game or gaming device and is obtained by the payment of cash or a
cash equivalent, the use of a wagering instrument or the electronic
transfer of money.
(l) "Wagering instrument" means a representative of value, other
than a chip or token, that is issued by a licensee and approved by
the California Gambling Control Commission or a tribal gaming agency,
for use in a cashless wagering system.



337u. It is unlawful for any person to commit any of the following
acts:
(a) To alter or misrepresent the outcome of a gambling game or
other event on which wagers lawfully have been made after the outcome
is determined, but before it is revealed to the players.
(b) To place, increase, or decrease a wager or to determine the
course of play after acquiring knowledge, not available to all
players, of the outcome of the gambling game or any event that
affects the outcome of the gambling game or which is the subject of
the wager or to aid anyone in acquiring that knowledge for the
purpose of placing, increasing, or decreasing a wager or determining
the course of play contingent upon that event or outcome.
(c) To claim, collect, or take, or attempt to claim, collect, or
take, money or anything of value in or from a gambling game, with
intent to defraud, without having made a wager contingent on the
game, or to claim, collect, or take an amount greater than the amount
actually won.
(d) Knowingly to entice or induce another to go to any place where
a gambling game is being conducted or operated in violation of this
section, or Section 337v, 337w, 337x, or 337y, with the intent that
the other person play or participate in that gambling game.
(e) To place or increase a wager after acquiring knowledge of the
outcome of the gambling game or other event which is the subject of
the wager, including past-posting and pressing wagers.
(f) To reduce the amount wagered or cancel the wager after
acquiring knowledge of the outcome of the gambling game or other
event which is the subject of the bet, including pinching wagers.
(g) To manipulate, with the intent to cheat, any component of a
gambling game device in a manner contrary to the designed and normal
operational purpose for the component, including, but not limited to,
varying the pull of the handle of a slot machine, with knowledge
that the manipulation affects the outcome of the gambling game or
with knowledge of any event that affects the outcome of the gambling
game.


337v. It is unlawful for any person at a gambling establishment to
use, or to possess with the intent to use, any device to assist in
any of the following:
(a) In projecting the outcome of the gambling game.
(b) In keeping track of the cards played.
(c) In analyzing the probability of the occurrence of an event
relating to the gambling game.
(d) In analyzing the strategy for playing or wagering to be used
in the gambling game, except as permitted by the California Gambling
Control Commission or a tribal gaming agency.



337w. (a) It is unlawful for any person to use counterfeit chips,
counterfeit debit instruments, or other counterfeit wagering
instruments in a gambling game, the equipment associated with a
gambling game, or a cashless wagering system.
(b) It is unlawful for any person, in playing or using any
gambling game, the equipment associated with a gambling game, or a
cashless wagering system designed to be played with, receive, or be
operated by chips, tokens, wagering credits or other wagering
instruments approved by the California Gambling Control Commission or
a tribal gaming agency, or by lawful coin of the United States of
America to either:
(1) Knowingly use chips, tokens, wagering credits, or other
wagering instruments not approved by the California Gambling Control
Commission or a tribal gaming agency, or lawful coin, legal tender of
the United States of America, or use coins or tokens not of the
same denomination as the coins or tokens intended to be used in that
gambling game, associated equipment, or cashless wagering system.
(2) Use any device or means to violate this section or Section
337u, 337v, 337x, or 337y.
(c) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any device intended
to be used to violate this section or Section 337u, 337v, 337x, or
337y.
(d) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any key or device
known to have been designed for the purpose of, and suitable for,
opening, entering, or affecting the operation of any gambling game,
cashless wagering system, or dropbox, or for removing money or other
contents from the game, system, or box.
(e) It is unlawful for any person to possess any paraphernalia for
manufacturing slugs. As used in this subdivision, "paraphernalia
for manufacturing slugs" means the equipment, products, and materials
that are intended for use or designed for use in manufacturing,
producing, fabricating, preparing, testing, analyzing, packaging,
storing, or concealing a counterfeit facsimile of the chips, tokens,
debit instruments, or other wagering instruments approved by the
California Gambling Control Commission or a tribal gaming agency, or
a lawful coin of the United States, the use of which is unlawful
pursuant to subdivision (b). The term "paraphernalia for
manufacturing slugs" includes, but is not limited to, any of the
following:
(1) Lead or lead alloys.
(2) Molds, forms, or similar equipment capable of producing a
likeness of a gaming token or lawful coin of the United States.
(3) Melting pots or other receptacles.
(4) Torches.
(5) Tongs, trimming tools, or other similar equipment.
(6) Equipment which can be reasonably demonstrated to manufacture
facsimiles of debit instruments or wagering instruments approved by
the California Gambling Control Commission or a tribal gaming
agency.


337x. It is unlawful to cheat at any gambling game in a gambling
establishment.



337y. It is unlawful to do either of the following:
(a) Manufacture, sell, or distribute any cards, chips, dice, game,
or device which is intended to be used to violate Section 337u,
337v, 337w, or 337x.
(b) Mark, alter, or otherwise modify any gambling game device or
associated equipment in a manner that either:
(1) Affects the result of a wager by determining win or loss.
(2) Alters the normal criteria of random selection, which affects
the operation of a gambling game or which determines the outcome of a
game.
(c) It is unlawful for any person to instruct another in cheating
or in the use of any device for that purpose, with the knowledge or
intent that the information or use conveyed may be employed to
violate Section 337u, 337v, 337w, or 337x.



337z. (a) Any person who violates Section 337u, 337v, 337w, 337x,
or 337y shall be punished as follows:
(1) For the first violation, by imprisonment in a county jail for
a term not to exceed one year, or by a fine of not more than ten
thousand dollars ($10,000), or by both imprisonment and fine.
(2) For a second or subsequent violation of any of those sections,
by imprisonment in a county jail for a term not to exceed one year
or by a fine of not more than fifteen thousand dollars ($15,000), or
by both imprisonment and fine.
(b) A person who attempts to violate Section 337u, 337v, 337w,
337x, or 337y shall be punished in the same manner as the underlying
crime.
(c) This section does not preclude prosecution under Section 332
or any other provision of law.

[هيثم الفقى]

337.1. Any person, who knowingly and designedly by false
representation attempts to, or does persuade, procure or cause
another person to wager on a horse in a race to be run in this state
or elsewhere, and upon which money is wagered in this state, and who
asks or demands compensation as a reward for information or purported
information given in such case is a tout, and is guilty of touting.



337.2. Any person who is a tout, or who attempts or conspires to
commit touting, is guilty of a misdemeanor and is punishable by a
fine of not more than five hundred dollars ($500) or by imprisonment
in the county jail for not more than six months, or by both such fine
and imprisonment. For a second offense in this State, he shall be
imprisoned.



337.3. Any person who in the commission of touting falsely uses the
name of any official of the California Horse Racing Board, its
inspectors or attaches, or of any official of any race track
association, or the names of any owner, trainer, jockey or other
person licensed by the California Horse Racing Board as the source of
any information or purported information is guilty of a felony and
is punishable by a fine of not more than five thousand dollars
($5,000) or by imprisonment in the state prison, or by both such fine
and imprisonment.


337.4. Any person who in the commission of touting obtains money in
excess of four hundred dollars ($400) may, in addition to being
prosecuted for the violation of any provision of this chapter, be
prosecuted for the violation of Section 487 of this code.




337.5. Any person who has been convicted of touting, and the record
of whose conviction on such charge is on file in the office of the
California Horse Racing Board or in the State Bureau of Criminal
Identification and Investigation or of the Federal Bureau of
Investigation, or any person who has been ejected from any racetrack
of this or any other state for touting or practices inimical to the
public interest shall be excluded from all racetracks in this State.
Any such person who refuses to leave such track when ordered to do
so by inspectors of the California Horse Racing Board, or by any
peace officer, or by an accredited attache of a racetrack or
association is guilty of a misdemeanor.



337.6. Any credential or license issued by the California Horse
Racing Board to licensees, if used by the holder thereof for a
purpose other than identification and in the performance of
legitimate duties on a race track, shall be automatically revoked
whether so used on or off a race track.



337.7. Any person other than the lawful holder thereof who has in
his possession any credential or license issued by the California
Horse Racing Board to licensees and any person who has a forged or
simulated credential or license of said board in his possession, and
who uses such credential or license for the purpose of
misrepresentation, fraud or touting is guilty of a felony and shall
be punished by a fine of five thousand dollars ($5,000) or by
imprisonment in the state prison, or by both such fine and
imprisonment. If he has previously been convicted of any offense
under this chapter, he shall be imprisoned.



337.8. Any person who uses any credential, other than a credential
or license issued by the California Horse Racing Board, for the
purpose of touting is guilty of touting, and if the credential has
been forged shall be imprisoned as provided in this chapter, whether
the offense was committed on or off a race track.



337.9. The secretary and chief investigator of the California Horse
Racing Board shall coordinate a policy for the enforcement of this
chapter with all other enforcement bureaus in the State in order to
insure prosecution of all persons who commit any offense against the
horse racing laws of this State. For such purposes the secretary and
chief investigator are peace officers and have all the powers
thereof.

[هيثم الفقى]

343. Every person who purchases gold bullion, gold bars or gold
quartz or mineral containing gold, who fails, refuses, or neglects to
produce for inspection his register, or to exhibit all articles
received by him in pledge, or his account of sales, to any officer
holding a warrant authorizing him to search for personal property or
to any person appointed by the sheriff or head of the police
department of any city, city and county or town, or an order of a
committing magistrate directing such officer to inspect such
register, or examine such articles or account of sales, is guilty of
a misdemeanor.

[هيثم الفقى]

346. Any person who, without the written permission of the owner or
operator of the property on which an entertainment event is to be
held or is being held, sells a ticket of admission to the
entertainment event, which was obtained for the purpose of resale, at
any price which is in excess of the price that is printed or
endorsed upon the ticket, while on the grounds of or in the stadium,
arena, theater, or other place where an event for which admission
tickets are sold is to be held or is being held, is guilty of a
misdemeanor.


347. (a) (1) Every person who willfully mingles any poison or
harmful substance with any food, drink, medicine, or pharmaceutical
product or who willfully places any poison or harmful substance in
any spring, well, reservoir, or public water supply, where the person
knows or should have known that the same would be taken by any human
being to his or her injury, is guilty of a felony punishable by
imprisonment in the state prison for two, four, or five years.
(2) Any violation of paragraph (1) involving the use of a poison
or harmful substance that may cause death if ingested or that causes
the infliction of great bodily injury on any person shall be punished
by an additional term of three years.
(b) Any person who maliciously informs any other person that a
poison or other harmful substance has been or will be placed in any
food, drink, medicine, pharmaceutical product, or public water
supply, knowing that such report is false, is guilty of a crime
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not to exceed one year.
(c) The court may impose the maximum fine for each item tampered
with in violation of subdivision (a).


347b. It shall be unlawful for any person, firm or corporation to
manufacture, sell, furnish, or give away, or offer to manufacture,
sell, furnish, or give away any alcoholic solution of a potable
nature containing any deleterious or poisonous substance, and the
burden of proof shall be upon the person, firm, or corporation
manufacturing, selling, furnishing, or giving away, or offering to
manufacture, sell, furnish, or give away, any such alcoholic solution
of a potable nature containing any deleterious or poisonous
substance, to show that such alcoholic solution of a potable nature
did not contain any deleterious or poisonous substance. Every person
who violates any of the provisions of this section is guilty of a
misdemeanor, and 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 such fine and
imprisonment.


350. (a) Any person who willfully manufactures, intentionally
sells, or knowingly possesses for sale any counterfeit of a mark
registered with the Secretary of State or registered on the Principal
Register of the United States Patent and Trademark Office, shall,
upon conviction, be punishable as follows:
(1) When the offense involves less than 1,000 of the articles
described in this subdivision, with a total retail or fair market
value less than that required for grand theft as defined in Section
487, and if the person is an individual, he or she shall be punished
by a fine of not more than five thousand dollars ($5,000), or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment; or, if the person is a corporation, by a
fine of not more than one hundred thousand dollars ($100,000).
(2) When the offense involves 1,000 or more of the articles
described in this subdivision, or has a total retail or fair market
value equal to or greater than that required for grand theft as
defined in Section 487, and if the person is an individual, he or she
shall be punished by imprisonment in a county jail not to exceed one
year, or in the state prison for 16 months, or two or three years,
or by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both that imprisonment and fine; or, if the person
is a corporation, by a fine not to exceed five hundred thousand
dollars ($500,000).
(b) Any person who has been convicted of a violation of either
paragraph (1) or (2) of subdivision (a) shall, upon a subsequent
conviction of paragraph (1) of subdivision (a), if the person is an
individual, be punished by a fine of not more than fifty thousand
dollars ($50,000), or by imprisonment in a county jail for not more
than one year, or in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment; or, if the person is a
corporation, by a fine of not more than two hundred thousand dollars
($200,000).
(c) Any person who has been convicted of a violation of
subdivision (a) and who, by virtue of the conduct that was the basis
of the conviction, has directly and foreseeably caused death or great
bodily injury to another through reliance on the counterfeited item
for its intended purpose shall, if the person is an individual, be
punished by a fine of not more than fifty thousand dollars ($50,000),
or by imprisonment in the state prison for two, three, or four
years, or by both that fine and imprisonment; or, if the person is a
corporation, by a fine of not more than two hundred thousand dollars
($200,000).
(d) In any action brought under this section resulting in a
conviction or a plea of nolo contendere, the court shall order the
forfeiture and destruction of all of those marks and of all goods,
articles, or other matter bearing the marks, and the forfeiture and
destruction or other disposition of all means of making the marks,
and any and all electrical, mechanical, or other devices for
manufacturing, reproducing, transporting, or assembling these marks,
that were used in connection with, or were part of, any violation of
this section. However, no vehicle shall be forfeited under this
section that may be lawfully driven on the highway with a class 3 or
4 license, as prescribed in Section 12804 of the Vehicle Code, and
that is any of the following:
(1) A community property asset of a person other than the
defendant.
(2) The sole class 3 or 4 vehicle available to the immediate
family of that person or of the defendant.
(3) Reasonably necessary to be retained by the defendant for the
purpose of lawfully earning a living, or for any other reasonable and
lawful purpose.
(e) For the purposes of this section, the following definitions
shall apply:
(1) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the number of "articles" shall be equivalent to the number
of completed computer software packages that could have been made
from those components.
(2) "Counterfeit mark" means a spurious mark that is identical
with, or confusingly similar to, a registered mark and is used on or
in connection with the same type of goods or services for which the
genuine mark is registered. It is not necessary for the mark to be
displayed on the outside of an article for there to be a violation.
For articles containing digitally stored information, it shall be
sufficient to constitute a violation if the counterfeit mark appears
on a video display when the information is retrieved from the
article. The term "spurious mark" includes genuine marks used on or
in connection with spurious articles and includes identical articles
containing identical marks, where the goods or marks were reproduced
without authorization of, or in excess of any authorization granted
by, the registrant.
(3) "Knowingly possess" means that the person possessing an
article knew or had reason to believe that it was spurious, or that
it was used on or in connection with spurious articles, or that it
was reproduced without authorization of, or in excess of any
authorization granted by, the registrant.
(4) "Registrant" means any person to whom the registration of a
mark is issued and that person's legal representatives, successors,
or assigns.
(5) "Sale" includes resale.
(6) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited digital disks, instruction manuals, or licensing
envelopes, the "value" of those components of computer software
packages shall be equivalent to the retail price or fair market value
of the number of completed computer software packages that could
have been made from those components.
(C) "Retail or fair market value" of a counterfeit article means a
value equivalent to the retail price or fair market value, as of the
last day of the charged crime, of a completed similar genuine
article containing a genuine mark.
(f) This section shall not be enforced against any party who has
adopted and lawfully used the same or confusingly similar mark in the
rendition of like services or the manufacture or sale of like goods
in this state from a date prior to the earliest effective date of
registration of the service mark or trademark either with the
Secretary of State or on the Principle Register of the United States
Patent and Trademark Office.
(g) An owner, officer, employee, or agent who provides, rents,
leases, licenses, or sells real property upon which a violation of
subdivision (a) occurs shall not be subject to a criminal penalty
pursuant to this section, unless he or she sells, or possesses for
sale, articles bearing a counterfeit mark in violation of this
section. This subdivision shall not be construed to abrogate or
limit any civil rights or remedies for a trademark violation.



351a. Any person who sells, attempts to sell, offers for sale or
assists in the sale of any goods, product or output, and who
willfully and falsely represents such goods, product or output to be
the goods, product or output of any dealer, manufacturer or producer,
other than the true dealer, manufacturer or producer, or any member
of a firm or any officer of a corporation, who knowingly permits any
employee of such firm or corporation to sell, offer for sale or
assist in the sale of any goods, product or output or to falsely
represent such goods, product or output to be the goods, product or
output of any dealer, manufacturer or producer, other than the true
dealer, manufacturer or producer, is guilty of a misdemeanor and
punishable by a fine of not less than one hundred dollars ($100) or
more than six hundred dollars ($600), or by imprisonment in the
county jail for not less than 20 or more than 90 days, or both. This
section shall not apply to any person who sells or offers for sale
under his own name or brand the product or output of another
manufacturer or producer with the written consent of such
manufacturer or producer.



355. Every person who defaces or obliterates the marks upon wrecked
property, or in any manner disguises the appearance thereof, with
intent to prevent the owner from discovering its identity, or who
destroys or suppresses any invoice, bill of lading, or other document
tending to show the ownership, is guilty of a misdemeanor.




356. Every person who cuts out, alters, or defaces any mark made
upon any log, lumber, or wood, or puts a false mark thereon with
intent to prevent the owner from discovering its identity, is guilty
of a misdemeanor.


359. Every person authorized to solemnize marriage, who willfully
and knowingly solemnizes any incestuous or other marriage forbidden
by law, is punishable by fine of not less than one hundred nor more
than one thousand dollars, or by imprisonment in the County Jail not
less than three months nor more than one year, or by both.




360. Every person authorized to solemnize any marriage, who
solemnizes a marriage without first being presented with the marriage
license, as required by Section 421 of the Family Code; or who
solemnizes a marriage pursuant to Part 4 (commencing with Section
500) of Division 3 of the Family Code without the authorization
required by that part; or who willfully makes a false return of any
marriage or pretended marriage to the recorder or clerk and every
person who willfully makes a false record of any marriage return, is
guilty of a misdemeanor.


362. Every officer or person to whom a writ of habeas corpus may be
directed, who, after service thereof, neglects or refuses to obey
the command thereof, is guilty of a misdemeanor.



363. Every person who, either solely or as member of a Court,
knowingly and unlawfully recommits, imprisons, or restrains of his
liberty, for the same cause, any person who has been discharged upon
a writ of habeas corpus, is guilty of a misdemeanor.




364. Every person having in his custody, or under his restraint or
power, any person for whose relief a writ of habeas corpus has been
issued, who, with the intent to elude the service of such writ or to
avoid the effect thereof, transfers such person to the custody of
another, or places him under the power or control of another, or
conceals or changes the place of his confinement or restraint, or
removes him without the jurisdiction of the Court or Judge issuing
the writ, is guilty of a misdemeanor.



365. Every person, and every agent or officer of any corporation
carrying on business as an innkeeper, or as a common carrier of
passengers, who refuses, without just cause or excuse, to receive and
entertain any guest, or to receive and carry any passenger, is
guilty of a misdemeanor. However, an innkeeper who has proceeded as
authorized by Section 1865 of the Civil Code shall be rebuttably
presumed to have acted with just cause or excuse for purposes of this
section.


365.5. (a) Any blind person, deaf person, or disabled person, who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus, streetcar, boat, or any other public
conveyance or mode of transportation operating within this state,
shall be entitled to have with him or her a specially trained guide
dog, signal dog, or service dog.
(b) No blind person, deaf person, or disabled person and his or
her specially trained guide dog, signal dog, or service dog shall be
denied admittance to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or resort,
and other places to which the general public is invited within this
state because of that guide dog, signal dog, or service dog.
(c) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation, who prevents a
disabled person from exercising, or interferes with a disabled person
in the exercise of, the rights specified in this section is guilty
of a misdemeanor, punishable by a fine not exceeding two thousand
five hundred dollars ($2,500).
(d) As used in this section, "guide dog" means any guide dog or
Seeing Eye dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the Americans
with Disabilities Act of 1990 (Public Law 101-336).
(e) As used in this section, "signal dog" means any dog trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.
(f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.
(g) (1) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
(2) This section is intended to provide equal accessibility for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law
101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).

(h) The exercise of rights specified in subdivisions (a) and (b)
by any person may not be conditioned upon payment of any extra
charge, provided that the person shall be liable for any provable
damage done to the premises or facilities by his or her dog.
(i) Any trainer or individual with a disability may take dogs in
any of the places specified in subdivisions (a) and (b) for the
purpose of training the dogs as guide dogs, signal dogs, or service
dogs. The person shall ensure that the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk or animal control department as authorized
by Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code. In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.


365.6. (a) Any person who, with no legal justification,
intentionally interferes with the use of a guide, signal, or service
dog or mobility aid by harassing or obstructing the guide, signal, or
service dog or mobility aid user or his or her guide, signal, or
service dog, is guilty of a misdemeanor, punishable by imprisonment
in a county jail not exceeding six months, or by a fine of not less
than one thousand five hundred dollars ($1,500) nor more than two
thousand five hundred dollars ($2,500), or both that fine and
imprisonment.
(b) As used in this section, the following definitions shall
apply:
(1) "Mobility aid" means any device enabling a person with a
disability, as defined in subdivision (b) of Section 54 of the Civil
Code, to travel independently, including, but not limited to, a
guide, signal, or service dog, as defined in Section 54.1 of the
Civil Code, a wheelchair, walker or white cane.
(2) "Guide, signal, or service dog" means any dog trained to do
work or perform tasks for the benefit of an individual with a
disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to
intruders or sounds, pulling a wheelchair, or fetching dropped items.

(c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.



365.7. (a) Any person who knowingly and fraudulently represents
himself or herself, through verbal or written notice, to be the owner
or trainer of any canine licensed as, to be qualified as, or
identified as, a guide, signal, or service dog, as defined in
subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of
subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of
a misdemeanor punishable by imprisonment in the county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) As used in this section, "owner" means any person who owns a
guide, signal, or service dog, or who is authorized by the owner to
use the guide, signal, or service dog.



367f. (a) Except as provided in subdivisions (d) and (e), it shall
be unlawful for any person to knowingly acquire, receive, sell,
promote the transfer of, or otherwise transfer any human organ, for
purposes of transplantation, for valuable consideration.
(b) Except as provided in subdivisions (d), (e), and (f), it shall
be unlawful to remove or transplant any human organ with the
knowledge that the organ has been acquired or will be transferred or
sold for valuable consideration in violation of subdivision (a).
(c) For purposes of this section, the following definitions apply:

(1) "Human organ" includes, but is not limited to, a human kidney,
liver, heart, lung, pancreas, or any other human organ or
nonrenewable or nonregenerative tissue except plasma and sperm.
(2) "Valuable consideration" means financial gain or advantage,
but does not include the reasonable costs associated with the
removal, storage, transportation, and transplantation of a human
organ, or reimbursement for those services, or the expenses of
travel, housing, and lost wages incurred by the donor of a human
organ in connection with the donation of the organ.
(d) No act respecting the nonsale donation of organs or other
nonsale conduct pursuant to or in the furtherance of the purposes of
the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section
7150) Part 1 of Division 7 of the Health and Safety Code, including
acts pursuant to anatomical gifts offered under Section 12811 of the
Vehicle Code, shall be made unlawful by this section.
(e) This section shall not apply to the person from whom the organ
is removed, nor to the person who receives the transplant, or those
persons' next-of-kin who assisted in obtaining the organ for purposes
of transplantations.
(f) A licensed physician and surgeon who transplants a human organ
in violation of subdivision (b) shall not be criminally liable under
that subdivision if the act is performed under emergency and
life-threatening conditions.
(g) Any person who violates subdivision (a) or (b) shall be
punished by a fine not to exceed fifty thousand dollars ($50,000), or
by imprisonment in the state prison for three, four, or five years,
or both.


367g. (a) It shall be unlawful for anyone to knowingly use sperm,
ova, or embryos in assisted reproduction technology, for any purpose
other than that indicated by the sperm, ova, or embryo provider's
signature on a written consent form.
(b) It shall be unlawful for anyone to knowingly implant sperm,
ova, or embryos, through the use of assisted reproduction technology,
into a recipient who is not the sperm, ova, or embryo provider,
without the signed written consent of the sperm, ova, or embryo
provider and recipient.
(c) Any person who violates this section shall be punished by
imprisonment in the state prison for three, four, or five years, by a
fine not to exceed fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
(d) Written consent, for the purposes of this section, shall not
be required of men who donate sperm to a licensed tissue bank.




368. (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
(b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
(2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor.
A second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years, when the moneys, labor,
goods, services, or real or personal property taken or obtained is of
a value exceeding four hundred dollars ($400); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
when the moneys, labor, goods, services, or real or personal
property taken or obtained is of a value not exceeding four hundred
dollars ($400).
(e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding four
hundred dollars ($400), and by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the moneys, labor,
goods, services, or real or personal property taken or obtained is
of a value not exceeding four hundred dollars ($400).
(f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
(g) As used in this section, "elder" means any person who is 65
years of age or older.
(h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
(i) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant 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.

[هيثم الفقى]

369a. (a) The Legislature hereby finds and declares the following:

(1) Rail transit traffic safety programs are necessary to educate
the public about the potential for harm and injury arising from an
individual's disregard for, and violation of, rail-related traffic
safety laws, and to increase the consequences for those persons
violating rail-related traffic safety laws.
(2) Currently, there does not exist a unified statewide system to
deal with the ever increasing problem of rail-related traffic safety
violators, and to provide a method of educating the public.
(b) In each county with a population greater than 500,000 in which
a transportation commission or authority has been established and it
owns or operates rail transit facilities, the commission or
authority may provide and disseminate appropriate educational
materials to traffic schools to aid in reducing the number of
rail-related traffic accidents, including, but not limited to, a film
developed or caused to be developed by the transportation commission
or authority on rail transit safety.



369b. (a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail transit
related traffic violation, as listed in subdivision (c), to attend a
traffic school that offers, as a part of its curriculum, a film
developed or caused to be developed by a transportation commission or
authority on rail transit safety.
(c) For a first offense, a court, at its discretion, may order any
person cited for any of the following violations to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail transit safety film prepared by a county transportation
commission or authority, pay an additional fine of one hundred
dollars ($100), or both:
(1) Section 369g.
(2) Section 369i.
(3) Subdivision (c) of Section 21752, Section 22450, 22451, or
22452, or subdivision (c) of Section 22526, of the Vehicle Code,
involving railroad grade crossings.
(d) For a second or subsequent violation as provided in
subdivision (c), a court shall order a person to pay an additional
fine of up to two hundred dollars ($200) and to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail safety film prepared by a county transportation
commission or authority.
(e) All fines collected according to this section shall be
distributed pursuant to Sections 1463 and 1463.12, as applicable.




369d. Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same securely closed after him, is guilty of a misdemeanor.



369g. (a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without the authorization of its superintendent or
other officer in charge thereof, is guilty of a misdemeanor.
(b) Any person who rides, drives, or propels any vehicle upon and
along the track of any railline owned or operated by a county
transportation commission or transportation authority without the
authorization of the commission or authority is guilty of a
misdemeanor.


369h. Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in line of vision along any main line track of any
railroad in this State of such type or in such form or manner that
it may be mistaken for any fixed or standard railroad signal when
viewed from an approaching locomotive cab, railway car, or train, by
the operators or employees upon such locomotive cab, railway car or
train, so as to hinder the safe and efficient operation of such
locomotive, railway car or train, and endanger the safety of persons
or property upon such locomotive, railway car, or train, shall be
guilty of maintaining a public nuisance. No sign, signal, flare or
light placed within the right of way of any street or highway by
public authorities in charge thereof, considered necessary by them to
direct or warn highway traffic, shall be deemed to violate this
section.


369i. (a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the person in lawful possession and whose entry,
presence, or conduct upon the property interferes with, interrupts,
or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any
locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related
property owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railline or rail-related
facility is guilty of a misdemeanor.
As used in this subdivision, "rail transit related property" means
any land or facilities owned, leased, or possessed by a county
transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.



(370.) Section Three Hundred and Seventy. Anything which is
injurious to health, or is indecent, or offensive to the senses, or
an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property by an entire community
or neighborhood, or by any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or
basin, or any public park, square, street, or highway, is a public
nuisance.


371. An act which affects an entire community or neighborhood, or
any considerable number of persons, as specified in the last section,
is not less a nuisance because the extent of the annoyance or damage
inflicted upon individuals is unequal.



372. Every person who maintains or commits any public nuisance, the
punishment for which is not otherwise prescribed, or who willfully
omits to perform any legal duty relating to the removal of a public
nuisance, is guilty of a misdemeanor.



373a. Every person who maintains, permits, or allows a public
nuisance to exist upon his or her property or premises, and every
person occupying or leasing the property or premises of another who
maintains, permits or allows a public nuisance to exist thereon,
after reasonable notice in writing from a health officer or district
attorney or city attorney or prosecuting attorney to remove,
discontinue or abate the same has been served upon such person, is
guilty of a misdemeanor, and shall be punished accordingly; and the
existence of such nuisance for each and every day after the service
of such notice shall be deemed a separate and distinct offense, and
it is hereby made the duty of the district attorney, or the city
attorney of any city the charter of which imposes the duty upon the
city attorney to prosecute state misdemeanors, to prosecute all
persons guilty of violating this section by continuous prosecutions
until the nuisance is abated and removed.



374. (a) Littering means the willful or negligent throwing,
dropping, placing, depositing, or sweeping, or causing any such acts,
of any waste matter on land or water in other than appropriate
storage containers or areas designated for such purposes.
(b) Waste matter means discarded, used, or leftover substance
including, but not limited to, a lighted or nonlighted cigarette,
cigar, match, or any flaming or glowing material, or any garbage,
trash, refuse, paper, container, packaging or construction material,
carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person or create a traffic
hazard.



374.2. (a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be discharged, dumped, released, placed,
dropped, poured, or otherwise deposited, any substance capable of
causing substantial damage or harm to the operation of a public sewer
sanitary facility, or to deposit in commercial quantities any other
substance, into a manhole, cleanout, or other sanitary sewer
facility, not intended for use as a point of deposit for sewage,
which is connected to a public sanitary sewer system, without
possessing a written authorization therefor granted by the public
entity which is charged with the administration of the use of the
affected public sanitary sewer system or the affected portion of the
public sanitary sewer system.
As used in this section, "maliciously" means an intent to do a
wrongful act.
(b) For the purposes of this section "person" means an individual,
trust, firm, partnership, joint stock company, limited liability
company, or corporation, and "deposited in commercial quantities"
refers to any substance deposited or otherwise discharged in any
amount greater than for normal domestic sewer use.
(c) Lack of specific knowledge that the facility into which the
prohibited discharge or release occurred is connected to a public
sanitary sewer system shall not constitute a defense to a violation
charged under this section.
(d) Any person who violates this section shall be punished by
imprisonment in the county jail for not more than one year, or by a
fine of up to twenty-five thousand dollars ($25,000), or by both a
fine and imprisonment. If the conviction is for a second or
subsequent violation, the person shall be punished by imprisonment in
the county jail for not more than one year, or imprisonment in the
state prison for 16, 20, or 24 months, and by a fine of not less than
five thousand dollars ($5,000) or more than twenty-five thousand
dollars ($25,000).



374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or road, including any
portion of the right-of-way thereof, or in or upon private property
into or upon which the public is admitted by easement or license, or
upon private property without the consent of the owner, or in or upon
a public park or other public property other than property
designated or set aside for that purpose by the governing board or
body having charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be
placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or
upon a private highway or road, including any portion of the
right-of-way of the private highway or road, or private property,
without the consent of the owner or a contractor under contract with
the owner for the materials, or in or upon a public park or other
public property, without the consent of the state or local agency
having jurisdiction over the highway, road, or property.
(c) A person violating this section is guilty of an infraction.
Each day that waste placed, deposited, or dumped in violation of
subdivision (a) or (b) remains is a separate violation.
(d) This section does not restrict a private owner in the use of
his or her own private property, unless the placing, depositing, or
dumping of the waste matter on the property creates a public health
and safety hazard, a public nuisance, or a fire hazard, as determined
by a local health department, local fire department or district
providing fire protection services, or the Department of Forestry and
Fire Protection, in which case this section applies.
(e) A person convicted of a violation of this section shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction. If
the court finds that the waste matter placed, deposited, or dumped
was used tires, the fine prescribed in this subdivision shall be
doubled.
(f) The court may require, in addition to any fine imposed upon a
conviction, that, as a condition of probation and in addition to any
other condition of probation, a person convicted under this section
remove, or pay the cost of removing, any waste matter which the
convicted person dumped or caused to be dumped upon public or private
property.
(g) Except when the court requires the convicted person to remove
waste matter which he or she is responsible for dumping as a
condition of probation, the court may, in addition to the fine
imposed upon a conviction, require as a condition of probation, in
addition to any other condition of probation, that a person convicted
of a violation of this section pick up waste matter at a time and
place within the jurisdiction of the court for not less than 12
hours.
(h) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter in violation of this
section in commercial quantities shall be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than six
months and by a fine. The fine is mandatory and shall amount to not
less than one thousand dollars ($1,000) nor more than three thousand
dollars ($3,000) upon a first conviction, not less than three
thousand dollars ($3,000) nor more than six thousand dollars ($6,000)
upon a second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a third or
subsequent conviction.
(2) "Commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic yard.
This subdivision does not apply to the dumping of household waste at
a person's residence.
(i) For purposes of this section, "person" means an individual,
trust, firm, partnership, joint stock company, joint venture, or
corporation.
(j) Except in unusual cases where the interests of justice would
be best served by waiving or reducing a fine, the minimum fines
provided by this section shall not be waived or reduced.




374.4. (a) It is unlawful to litter or cause to be littered in or
upon public or private property. A person, firm, or corporation
violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of
his or her own property, unless the littering of waste matter on the
property creates a public health and safety hazard, a public
nuisance, or a fire hazard, as determined by a local health
department, local fire department or district providing fire
protection services, or the Department of Forestry and Fire
Protection, in which case this section applies.
(c) As used in this section, "litter" means the discarding,
dropping, or scattering of small quantities of waste matter
ordinarily carried on or about the person, including, but not limited
to, beverage containers and closures, packaging, wrappers,
wastepaper, newspapers, and magazines, in a place other than a place
or container for the proper disposal thereof, and including waste
matter that escapes or is allowed to escape from a container,
receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of
this section shall be punished by a mandatory fine of not less than
two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000) upon a first conviction, by a mandatory fine of not less
than five hundred dollars ($500) nor more than one thousand five
hundred dollars ($1,500) upon a second conviction, and by a mandatory
fine of not less than seven hundred fifty dollars ($750) nor more
than three thousand dollars ($3,000) upon a third or subsequent
conviction.
(e) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of this section pick up litter at a time and place within
the jurisdiction of the court for not less than eight hours.



374.5. (a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.



374.7. (a) A person who litters or causes to be littered, or dumps
or causes to be dumped, waste matter into a bay, lagoon, channel,
river, creek, slough, canal, lake, or reservoir, or other stream or
body of water, or upon a bank, beach, or shore within 150 feet of the
high water mark of a stream or body of water, is guilty of a
misdemeanor.
(b) A person convicted of a violation of subdivision (a) shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction.
(c) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of subdivision (a), pick up litter at a time and place
within the jurisdiction of the court for not less than eight hours.



374.8. (a) In any prosecution under this section, proof of the
elements of the offense shall not be dependent upon the requirements
of Title 22 of the California Code of Regulations.
(b) Any person who knowingly causes any hazardous substance to be
deposited into or upon any road, street, highway, alley, or railroad
right-of-way, or upon the land of another, without the permission of
the owner, or into the waters of this state is punishable by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for a term of 16 months, two years,
or three years, or by a fine of not less than fifty dollars ($50) nor
more than ten thousand dollars ($10,000), or by both the fine and
imprisonment, unless the deposit occurred as a result of an emergency
that the person promptly reported to the appropriate regulatory
authority.
(c) For purposes of this section, "hazardous substance" means
either of the following:
(1) Any material that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment if
released into the environment, including, but not limited to,
hazardous waste and any material that the administering agency or a
handler, as defined in Chapter 6.91 (commencing with Section 25410)
of Division 20 of the Health and Safety Code, has a reasonable basis
for believing would be injurious to the health and safety of persons
or harmful to the environment if released into the environment.
(2) Any substance or chemical product for which one of the
following applies:
(A) The manufacturer or producer is required to prepare a MSDS, as
defined in Section 6374 of the Labor Code, for the substance or
product pursuant to the Hazardous Substances Information Training Act
(Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5
of the Labor Code) or pursuant to any applicable federal law or
regulation.
(B) The substance is described as a radioactive material in
Chapter 1 of Title 10 of the Code of Federal Regulations maintained
and updated by the nuclear Regulatory Commission.
(C) The substance is designated by the Secretary of Transportation
in Chapter 27 (commencing with Section 1801) of the appendix to
Title 49 of the United States Code and taxed as a radioactive
substance or material.
(D) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.



374a. A person giving information leading to the arrest and
conviction of a person for a violation of Section 374c, 374.2, 374.3,
374.4, or 374.7 is entitled to a reward for providing the
information.
The amount of the reward for each arrest and conviction shall be
50 percent of the fine levied against and collected from the person
who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be
paid by the court. If the reward is payable to two or more persons,
it shall be divided equally. The amount of collected fine to be paid
under this section shall be paid prior to any distribution of the
fine that may be prescribed by any other section, including Section
1463.9, with respect to the same fine.




374c. Every person who shoots any firearm from or upon a public
road or highway is guilty of a misdemeanor.



374d. Every person who knowingly allows the carcass of any dead
animal which belonged to him at the time of its death to be put, or
to remain, within 100 feet of any street, alley, public highway, or
road in common use, and every person who puts the carcass of any dead
animal within 100 feet of any street, alley, highway, or road in
common use is guilty of a misdemeanor.



375. (a) It shall be unlawful to throw, drop, pour, deposit,
release, discharge or expose, or to attempt to throw, drop, pour,
deposit, release, discharge or expose in, upon or about any theater,
restaurant, place of business, place of amusement or any place of
public assemblage, any liquid, gaseous or solid substance or matter
of any kind which is injurious to person or property, or is nauseous,
sickening, irritating or offensive to any of the senses.
(b) It shall be unlawful to manufacture or prepare, or to possess
any liquid, gaseous, or solid substance or matter of any kind which
is injurious to person or property, or is nauseous, sickening,
irritating or offensive, to any of the senses with intent to throw,
drop, pour, deposit, release, discharge or expose the same in, upon
or about any theater, restaurant, place of business, place of
amusement, or any other place of public assemblage.
(c) Any person violating any of the provisions hereof shall be
punished by imprisonment in the county jail for not less than three
months and not more than one year, or by a fine of not less than five
hundred dollars ($500) and not more than two thousand dollars
($2,000), or by both such fine and imprisonment.
(d) Any person who, in violating any of the provisions of
subdivision (a), willfully employs or uses any liquid, gaseous or
solid substance which may produce serious illness or permanent injury
through being vaporized or otherwise dispersed in the air or who, in
violating any of the provisions of subdivision (a), willfully
employs or uses any tear gas, mustard gas or any of the combinations
or compounds thereof, or willfully employs or uses acid or
explosives, shall be guilty of a felony and shall be punished by
imprisonment in the state prison.



377. Every person who, in order to obtain for himself or another
any drug that can be lawfully dispensed by a pharmacist only on
prescription, falsely represents himself to be a physician or other
person who can lawfully prescribe such drug, or falsely represents
that he is acting on behalf of a person who can lawfully prescribe
such drug, in a telephone communication with a pharmacist, is guilty
of a misdemeanor.



380. (a) Every person who sells, dispenses or distributes toluene,
or any substance or material containing toluene, to any person who is
less than 18 years of age shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum of not less than one thousand
dollars ($1,000), nor more than two thousand five hundred dollars
($2,500), or by imprisonment for not less than six months nor more
than one year.
(b) The court shall order the suspension of the business license,
for a period of one year, of a person who knowingly violates any of
the provisions of this section after having been previously convicted
of a violation of this section unless the owner of such business
license can demonstrate a good faith attempt to prevent illegal sales
or deliveries by employees. The provisions of this subdivision
shall become operative on July 1, 1980.
(c) The provisions of this section shall apply to, but are not
limited to, the sale or distribution of glue, cement, dope, paint
thinners, paint, and any combination of hydrocarbons either alone or
in combination with any substance or material including, but not
limited to, paint, paint thinners, shellac thinners, and solvents
which, when inhaled, ingested or breathed, can cause a person to be
under the influence of, or intoxicated from, any such combination of
hydrocarbons.
This section shall not prohibit the sale of gasoline or other
motor vehicle fuels to persons less than 18 years of age.
(d) This section shall not apply to any glue or cement which has
been certified by the State Department of Health Services as
containing a substance which makes such glue or cement malodorous or
causes such glue or cement to induce sneezing, nor shall this section
apply where the glue or cement is sold, delivered, or given away
simultaneously with or as part of a kit used for the construction of
model airplanes, model boats, model automobiles, model trains, or
other similar models or used for the assembly or creation of hobby
craft items using such components as beads, tiles, tiffany glass,
ceramics, clay, or other craft-related components.



381. (a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint thinner, paint and any combination of
hydrocarbons, either alone or in combination with any substance or
material including but not limited to paint, paint thinner, shellac
thinner, and solvents, with the intent to breathe, inhale or ingest
for the purpose of causing a condition of intoxication, elation,
euphoria, dizziness, stupefaction, or dulling of the senses or for
the purpose of, in any manner, changing, distorting or disturbing the
audio, visual, or mental processes, or who knowingly and with the
intent to do so is under the influence of toluene or any material
containing toluene, or any combination of hydrocarbons is guilty of a
misdemeanor.
(b) Any person who possesses any substance or material, which the
State Department of Health Services has determined by regulations
adopted pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) has toxic qualities similar to toluene, with
the intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness, excitement,
irrational behavior, exhilaration, satisfaction, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting or disturbing the audio, visual, or mental processes, or
who is under the influence of such substance or material is guilty of
a misdemeanor.


381a. Any person, or persons, whether as principals, agents,
managers, or otherwise, who buy or sell dairy products, or deal in
milk, cream or butter, and who buy or sell the same upon the basis of
their richness or weight or the percentage of cream, or butter-fat
contained therein, who use any apparatus, test bottle or other
appliance, or who use the "Babcock test" or machine of like character
for testing such dairy products, cream or butter, which is not
accurate and correct, or which gives wrong or false percentages, or
which is calculated in any way to defraud or injure the person with
whom he deals, is guilty of a misdemeanor, and upon conviction shall
be fined not more than one thousand dollars ($1,000) or imprisoned in
the county jail not more than six (6) months.



381b. Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses
or for the purpose of, in any manner, changing, distorting, or
disturbing the audio, visual, or mental processes, or who knowingly
and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a misdemeanor.
This section shall not apply to any person who is under the
influence of nitrous oxide or any material containing nitrous oxide
pursuant to an administration for the purpose of medical, surgical,
or dental care by a person duly licensed to administer such an agent.



382. Every person who adulterates or dilutes any article of food,
drink, drug, medicine, spirituous or malt liquor, or wine, or any
article useful in compounding them, with the fraudulent intent to
offer the same, or cause or permit it to be offered for sale as
unadulterated or undiluted; and every person who fraudulently sells,
or keeps or offers for sale the same, as unadulterated or undiluted,
or who, in response to an inquiry for any article of food, drink,
drug, medicine, spirituous or malt liquor, or wine, sells or offers
for sale, a different article, or an article of a different character
or manufacture, without first informing such purchaser of such
difference, is guilty of a misdemeanor; provided, that no retail
dealer shall be convicted under the provisions of this section if he
shall prove a written guaranty of purity obtained from the person
from whom he purchased such adulterated or diluted goods.



382.4. No person, other than a licensed veterinarian, shall
administer succinylcholine, also known as sucostrin, to any dog or
cat.
Violation of this section shall constitute a misdemeanor.



382.5. Every person who sells, dispenses, administers or prescribes
dinitrophenol for any purpose shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
This section shall not apply to dinitrophenol manufactured or sold
as an economic poison registered under the provision of Section
12811 of the Food and Agricultural Code nor to sales for use in
manufacturing or for scientific purposes, and not for human
consumption.



382.6. Every person who sells, dispenses, administers or prescribes
preparations containing diphenylamine, paraphenylenediamine, or
paratoluylenediamine, or a derivative of any such chemicals, to be
used as eyebrow and eyelash dye, shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.



382.7. Every person who knowingly prescribes, dispenses,
administers, or furnishes any liquid silicone substance for the
purpose of injection into a human breast or mammary is guilty of a
misdemeanor.



383. Every person who knowingly sells, or keeps or offers for sale,
or otherwise disposes of any article of food, drink, drug, or
medicine, knowing that the same is adulterated or has become tainted,
decayed, spoiled, or otherwise unwholesome or unfit to be eaten or
drunk, with intent to permit the same to be eaten or drunk, is guilty
of a misdemeanor, and must be fined not exceeding one thousand
dollars ($1,000), or imprisoned in the county jail not exceeding six
months, or both, and may, in the discretion of the court, be adjudged
to pay, in addition, all the necessary expenses, not exceeding one
thousand dollars ($1,000), incurred in inspecting and analyzing such
articles. The term "drug," as used herein, includes all medicines for
internal or external use, antiseptics, disinfectants, and cosmetics.
The term "food," as used herein, includes all articles used for
food or drink by man, whether simple, mixed, or compound. Any
article is deemed to be adulterated within the meaning of this
section:
(a) In case of drugs: (1) if, when sold under or by a name
recognized in the United States Pharmacopoeia, it differs materially
from the standard of strength, quality, or purity laid down therein;
(2) if, when sold under or by a name not recognized in the United
States Pharmacopoeia, but which is found in some other pharmacopoeia
or other standard work on materia medica, it differs materially from
the standard of strength, quality, or purity laid down in such work;
(3) if its strength, quality, or purity falls below the professed
standard under which it is sold.
(b) In the case of food: (1) if any substance or substances have
been mixed with it, so as to lower or depreciate, or injuriously
affect its quality, strength, or purity; (2) if any inferior or
cheaper substance or substances have been substituted wholly or in
part for it; (3) if any valuable or necessary constituent or
ingredient has been wholly or in part abstracted from it; (4) if it
is an imitation of, or is sold under the name of, another article;
(5) if it consists wholly, or in part, of a diseased, decomposed,
putrid, infected, tainted, or rotten animal or vegetable substance or
article, whether manufactured or not; or in the case of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated,
polished, or powdered, whereby damage or inferiority is concealed, or
if by any means it is made to appear better or of greater value than
it really is; (7) if it contains any added substance or ingredient
which is poisonous or injurious to health.



383a. Any person, firm, or corporation, who sells or offers for
sale, or has in his or its possession for sale, any butter
manufactured by boiling, melting, deodorizing, or renovating, which
is the product of stale, rancid, or decomposed butter, or by any
other process whereby stale, rancid, or decomposed butter is
manufactured to resemble or appear like creamery or dairy butter,
unless the same is plainly stenciled or branded upon each and every
package, barrel, firkin, tub, pail, square, or roll, in letters not
less than one half inch in length, "process butter," or "renovated
butter," in such a manner as to advise the purchaser of the real
character of such "process" or "renovated" butter, is guilty of a
misdemeanor.



383b. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be kosher, whether such meat or meat preparations be raw or
prepared for human consumption, or as having been prepared under and
from a product or products sanctioned by the orthodox Hebrew
religious requirements; or falsely represents any food product, or
the contents of any package or container, to be so constituted and
prepared, by having or permitting to be inscribed thereon the words
"kosher" in any language; or sells or exposes for sale in the same
place of business both kosher and nonkosher meat or meat
preparations, either raw or prepared for human consumption, who fails
to indicate on his window signs in all display advertising in block
letters at least four inches in height "kosher and nonkosher meats
sold here"; or who exposes for sale in any show window or place of
business as both kosher and nonkosher meat preparations, either raw
or prepared for human consumption, who fails to display over each
kind of meat or meat preparation so exposed a sign in block letters
at least four inches in height, reading "kosher meat" or "nonkosher
meat" as the case may be; or sells or exposes for sale in any
restaurant or any other place where food products are sold for
consumption on the premises, any article of food or food preparations
and falsely represents the same to be kosher, or as having been
prepared in accordance with the orthodox Hebrew religious
requirements; or sells or exposes for sale in such restaurant, or
such other place, both kosher and nonkosher food or food preparations
for consumption on the premises, not prepared in accordance with the
Jewish ritual, or not sanctioned by the Hebrew orthodox religious
requirements, and who fails to display on his window signs in all
display advertising, in block letters at least four inches in height
"kosher and nonkosher food served here" is guilty of a misdemeanor
and upon conviction thereof be punishable by a fine of not less than
one hundred dollars ($100), nor more than six hundred dollars ($600),
or imprisonment in the county jail of not less than 30 days, nor
more than 90 days, or both such fine and imprisonment.
The word "kosher" is here defined to mean a strict compliance with
every Jewish law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment and preparation thereof for human consumption,
and the manufacture, production, treatment and preparation of such
other food or foods in connection wherewith Jewish laws and customs
obtain and to the use of tools, implements, vessels, utensils, dishes
and containers that are used in connection with the killing of such
animals and fowls and the dressing, preparation, production,
manufacture and treatment of such meats and other products, foods and
food stuffs.


383c. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be halal, whether the meat or meat preparations is raw or prepared
for human consumption, or as having been prepared under and from a
product or products sanctioned by the Islamic religious requirements;
or falsely represents any food product, or the contents of any
package or container, to be so constituted and prepared, by having or
permitting to be inscribed thereon the word "halal" in any language;
or sells or exposes for sale in the same place of business both
halal and nonhalal meat or meat preparations, either raw or prepared
for human consumption, who fails to indicate on his or her window
signs in all display advertising in block letters at least four
inches in height "halal and nonhalal meats sold here"; or who exposes
for sale in any show window or place of business as both halal and
nonhalal meat preparations, either raw or prepared for human
consumption, who fails to display over each kind of meat or meat
preparation so exposed a sign in block letters at least four inches
in height, reading "halal meat" or "nonhalal meat" as the case may
be; or sells or exposes for sale in any restaurant or any other place
where food products are sold for consumption on the premises, any
article of food or food preparations and falsely represents the same
to be halal, or as having been prepared in accordance with the
Islamic religious requirements; or sells or exposes for sale in a
restaurant, or other place, both halal and nonhalal food or food
preparations for consumption on the premises, not prepared in
accordance with the Islamic ritual, or not sanctioned by Islamic
religious requirements, and who fails to display on his or her window
signs in all display advertising, in block letters at least four
inches in height "halal and nonhalal food served here" is guilty of a
misdemeanor and upon conviction thereof be punishable by a fine of
not less than one hundred dollars ($100), nor more than six hundred
dollars ($600), or imprisonment in a county jail of not less than 30
days, nor more than 90 days, or both that fine and imprisonment.
The word "halal" is here defined to mean a strict compliance with
every Islamic law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment, and preparation thereof for human consumption,
and the manufacture, production, treatment, and preparation of other
food or foods in connection wherewith Islamic laws and customs obtain
and to the use of tools, implements, vessels, utensils, dishes, and
containers that are used in connection with the killing of animals
and fowls and the dressing, preparation, production, manufacture, and
treatment of meats and other products, foods, and food stuffs.




384. (a) Any person who shall wilfully refuse to immediately
relinquish a party line when informed that such line is needed for an
emergency call, and in fact such line is needed for an emergency
call, to a fire department or police department or for medical aid or
ambulance service, or any person who shall secure the use of a party
line by falsely stating that such line is needed for an emergency
call, shall be guilty of a misdemeanor.
(b) "Party line" as used in this section means a subscribers' line
telephone circuit, consisting of two or more main telephone stations
connected therewith, each station with a distinctive ring or
telephone number. "Emergency" as used in this section means a
situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.
(c) Every telephone directory hereafter published and distributed
to the members of the general public in this State or in any portion
thereof which lists the calling numbers of telephones of any
telephone exchange located in this State shall contain a notice which
explains the offense provided for in this section, such notice to be
printed in type which is not smaller than any other type on the same
page and to be preceded by the word "warning" printed in type at
least as large as the largest type on the same page; provided, that
the provisions of this subdivision shall not apply to those
directories distributed solely for business advertising purposes,
commonly known as classified directories, nor to any telephone
directory heretofore distributed to the general public. Any person,
firm or corporation providing telephone service which distributes or
causes to be distributed in this State copies of a telephone
directory which is subject to the provisions of this section and
which do not contain the notice herein provided for shall be guilty
of a misdemeanor.


384.5. (a) (1) Any person who removes any minor forest products
from the property where the products were cut and transports the
products upon any public road or highway shall have in the person's
possession a valid bill of sale for the products or a written permit
issued by the owner of the property from which the products were
removed authorizing the removal and transport.
(2) Any such permit or bill of sale shall include, but is not
limited to, all of the following:
(A) The name, address, and signature of the landowner, and phone
number, if available.
(B) The name, address, and signature of the permittee or
purchaser.
(C) The amount, species, and type of minor forest products to be
removed and transported.
(D) A description sufficient to identify the property from which
the minor forest products are to be removed.
(E) The date of issuance of the permit or bill of sale and the
duration of the period of time within which the minor forest products
may be removed.
(F) Any conditions or additional information which the landowner
may impose or include.
(3) Any permit for the removal of minor forest products from
public lands that is issued by the United States Forest Service or
the Bureau of Land Management is sufficient for the purposes of this
subdivision, regardless of whether the permit conforms to the
specific requirements as to content set forth in paragraph (2).
(4) For the purposes of this subdivision, "minor forest products"
means firewood, posts, shakeboards, shake and shingle bolts, or split
products, in quantities exceeding 20 cubic feet in volume, and
burlwood or stumps, in quantities of two or more.
(b) This section shall not apply to the transport of any minor
forest products carried in a passenger vehicle, as defined in Section
465 of the Vehicle Code.
(c) Violation of subdivision (a) is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment in a county jail for not more than six months or by both
that fine and imprisonment.


384a. Every person who within the State of California willfully or
negligently cuts, destroys, mutilates, or removes any tree or shrub,
or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, or portion of any tree or shrub, or fern or herb or
bulb or cactus or flower, or huckleberry or redwood greens, growing
upon state or county highway rights-of-way, or who removes leaf mold
thereon, except that the provisions of this section shall not be
construed to apply to any employee of the state or of any political
subdivision thereof engaged in work upon any state, county, or public
road or highway while performing work under the supervision of the
state or of any political subdivision thereof, and every person who
willfully or negligently cuts, destroys, mutilates, or removes any
tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portions of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, growing upon public land or upon land not his or her own, or
leaf mold on the surface of public land, or upon land not his or her
own, without a written permit from the owner of the land signed by
the owner or the owner's authorized agent, and every person who
knowingly sells, offers, or exposes for sale, or transports for sale,
any tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portion of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, or leaf mold, so cut or removed from state or county highway
rights-of-way, or removed from public land or from land not owned by
the person who cut or removed the same without the written permit
from the owner of the land, signed by the owner or the owner's
authorized agent, is guilty of a misdemeanor and upon conviction
thereof shall be punished 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 fine and imprisonment.
The written permit required under this section shall be signed by
the landowner, or the landowner's authorized agent, and acknowledged
before a notary public, or other person authorized by law to take
acknowledgments. The permit shall contain the number and species of
trees and amount of shrubs or ferns or herbs or bulbs or cacti or
flowers, or huckleberry or redwood greens, or portions of any tree or
shrub, and shall contain the legal description of the real property
as usually found in deeds and conveyances of the land on which
cutting or removal, or both, shall take place. One copy of the
permit shall be filed in the office of the sheriff of the county in
which the land described in the permit is located. The permit shall
be filed prior to commencement of cutting of the trees or shrub or
fern or herb or bulb or cactus or flower or huckleberry or redwood
green or portions of any tree or shrub authorized by the permit. The
permit required by this section need not be notarized or filed with
the office of the sheriff of the county where trees are to be removed
when five or less trees or five or less pounds of shrubs or boughs
are to be cut or removed.
Any county or state fire warden, or personnel of the Department of
Forestry and Fire Protection as designated by the Director of
Forestry and Fire Protection, and personnel of the United States
Forest Service as designated by the Regional Forester, Region 5, of
the United States Forest Service, or any peace officer of the State
of California, may enforce the provisions of this section and may
confiscate any and all such shrubs, trees, ferns or herbs or bulbs or
cacti or flowers, or huckleberry or redwood greens or leaf mold, or
parts thereof unlawfully cut or removed or knowingly sold, offered,
or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or
herb or bulb or cactus or flower, or greens declared by law to be a
public nuisance.
This section does not apply to the necessary cutting or trimming
of any trees, shrubs, or ferns or herbs or bulbs or cacti or
flowers, or greens if done for the purpose of protecting or
maintaining an electric powerline, telephone line, or other property
of a public utility.
This section does not apply to persons engaged in logging
operations, or in suppressing fires.



384b. For the purposes of Sections 384c through 384f, inclusive,
unless the context otherwise requires, the definitions contained in
this section govern the construction of those sections.
(a) "Person" includes an employee with wages as his or her sole
compensation.
(b) "Permit" means a permit as required by Section 384a.
(c) "Tree" means any evergreen tree or top thereof which is
harvested without having the limbs and foliage removed.
(d) "Shrub" means any toyon or Christmas red-berry shrub or any of
the following native desert plants: all species of the family
Cactaceae (cactus family); and Agave deserti (desert agave), Agave
utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry
nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua
tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple
yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum
(little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota
(ironwood tree), and Fouquieria splendens (ocotillo), or any part
thereof, except the fruit thereof, which is harvested without having
the limbs and foliage removed.
(e) "Bough" means any limb or foliage removed from an evergreen
tree.
(f) "Peace officer" means any county or state fire warden,
personnel of the Department of Forestry and Fire Protection as
designated by the Director of Forestry and Fire Protection, personnel
of the United States Forest Service as designated by the Regional
Forester, Region 5 of the United States Forest Service, personnel of
the United States Department of the Interior as designated by them,
or any peace officer of the State of California.
(g) "Harvest" means to remove or cut and remove from the place
where grown.
(h) "Harvester" means a person who harvests a tree, shrub, or
bough.


384c. Persons purchasing trees, shrubs, or boughs from harvesters
thereof shall not transport more than five trees or more than five
pounds of shrubs or boughs on the public roads or highways without
obtaining from the seller of the trees, shrubs, or boughs and having
validated as provided in Section 384d a transportation tag for each
load of the trees, shrubs, or boughs.
Unless a valid transportation tag issued in California for a tree,
shrub, or bough has already been obtained, persons who harvest
trees, shrubs, or boughs from their own land or the land of another
or who are in possession of trees, shrubs, or boughs shall, before
transporting on the public roads or highways or selling or consigning
for removal and transportation over the public roads and highways
more than five trees or more than five pounds of other shrubs or
boughs, file with the sheriff of each county in which the trees,
shrubs, or boughs are to be harvested an application for
transportation tags and obtain a supply of these transportation tags
sufficient to provide one tag for each load of trees, shrubs, or
boughs to be so transported or sold.
No person shall knowingly make any false statement on any
application for the transportation tags and the application shall
contain, but is not limited to, the following information:
(a) The name and address of the applicant.
(b) The amount and species of trees, shrubs, or boughs to be
transported.
(c) The name of the county from which the trees, shrubs, or boughs
are to be removed.
(d) A legal description of the real property from which the trees,
shrubs, or boughs are to be removed.
(e) The name or names of the owner of the real property from which
the trees, shrubs, or boughs are to be removed.
(f) The applicant's timber operator permit number, if the
harvesting of the trees, shrubs, or boughs is subject to the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).

(g) The destination of the trees, shrubs, or boughs.
(h) The proposed date or dates of the transportation.
Every applicant shall, at the time of application, show to the
sheriff his or her permit or proof of ownership of the trees, shrubs,
or boughs. The application forms and transportation tags shall be
printed and distributed by the sheriff of each county.




384d. Upon the filing of an application containing the information
required by Section 384c, and the presentation of a permit or proof
of ownership as required by Section 384c, the county sheriff's office
shall issue to persons who harvest or have in their possession,
trees, shrubs or boughs within the county sufficient transportation
tags stamped with the county seal and identified by the applicant's
timber operator permit number, if any, to enable the person
transporting any of the trees, shrubs or boughs harvested within the
county by the applicant to have a tag accompany each and every load
of such trees, shrubs or boughs. Harvesters of trees, shrubs or
boughs, when selling from stockpile location, shall furnish to the
purchaser of trees, shrubs or boughs a bill of sale and a
transportation tag for each load or part thereof bearing the
harvester's timber operator permit number, if any, and other
information as hereinafter required.
The purchaser of harvested trees, shrubs or boughs or the
harvester when transporting his own trees, shrubs or boughs shall
have the transportation tag validated by a peace officer in the
county of purchase or harvest or by the nearest peace officer in an
adjacent county when the transportation route used does not pass an
office of a peace officer in the county of purchase or harvest. The
validated transportation tag or tags shall remain with the load to
the marketing area.
The transportation tags shall be in two parts; one to be retained
by the transporting party; one to be retained by the validating peace
officer and forwarded to the county sheriff. The transportation
tags shall be validated and in force only for the proposed date or
dates of transportation as specified in the application for the
transportation tags. The transportation tags will be validated
without fee and each shall contain the following information: name
and address of the person obtaining and using the tag; number or
amount of each species of trees, shrubs and boughs in the load; make,
model and license number of the transporting vehicle; the county of
origin and county of destination; the specified period of time during
which the transportation tag is in force; date and validating
signature and title of a peace officer.



384e. (a) The transportation tag described in Section 384d shall be
presented to any peace officer upon demand.
(b) Failure to produce a transportation tag properly filled out
and validated upon demand of any peace officer shall constitute
sufficient grounds to hold in protective custody the entire load of
trees, shrubs or boughs, until proof of legal right to transport is
furnished.


384f. Any person violating any of the provisions of Sections 384b
through 384f shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail not exceeding
six months or by both such fine and imprisonment.



384h. Every person who willfully or negligently, while hunting upon
the inclosed lands of another, kills, maims, or wounds an animal,
the property of another, is guilty of a misdemeanor.



384i. (a) Sections 384a to 384f, inclusive, shall not apply to
maintenance and construction activities of public agencies and their
employees.
(b) Sections 384b to 384f, inclusive, shall not apply to native
desert plants described in subdivision (b) of Section 384b, that have
been propagated and cultivated by human beings and which are being
transported under Section 6922 or 6923 of the Food and Agricultural
Code, pursuant to a valid nursery stock certificate.
(c) Sections 384a to 384f, inclusive, shall not apply to any act
regulated by the provisions of Division 23 (commencing with Section
80001) of the Food and Agricultural Code.



385. (a) The term "high voltage" as used in this section means a
voltage in excess of 750 volts, measured between conductors or
measured between the conductor and the ground.
The term "overhead conductor" as used in this section means any
electrical conductor (either bare or insulated) installed above the
ground except such conductors as are enclosed in iron pipe or other
metal covering of equal strength.
(b) Any person who either personally or through an employee or
agent, or as an employee or agent of another, operates, places,
erects or moves any tools, machinery, equipment, material, building
or structure within six feet of a high voltage overhead conductor is
guilty of a misdemeanor.
(c) It shall be a misdemeanor to own, operate or to employ any
person to operate, any crane, derrick, power shovel, drilling rig,
hay loader, hay stacker, pile driver, or similar apparatus, any part
of which is capable of vertical, lateral or swinging motion, unless
there is posted and maintained in plain view of the operator thereof,
a durable warning sign legible at 12 feet, reading: "Unlawful to
operate this equipment within six feet of high voltage lines."
Each day's failure to post or maintain such sign shall constitute
a separate violation.
(d) The provisions of this section shall not apply to (1) the
construction, reconstruction, operation or maintenance of any high
voltage overhead conductor, or its supporting structures or
appurtenances by persons authorized by the owner, or (2) the
operation of standard rail equipment which is normally used in the
transportation of freight or passengers, or the operation of relief
trains or other emergency railroad equipment by persons authorized by
the owner, or (3) any construction, reconstruction, operation or
maintenance of any overhead structures covered by the rules for
overhead line construction prescribed by the Public Utilities
Commission of the State of California.



386. (a) Any person who willfully or maliciously constructs or
maintains a fire-protection system in any structure with the intent
to install a fire protection system which is known to be inoperable
or to impair the effective operation of a system, so as to threaten
the safety of any occupant or user of the structure in the event of a
fire, shall be subject to imprisonment in the state prison for two,
three, or four years.
(b) A violation of subdivision (a) which proximately results in
great bodily injury or death is a felony punishable by imprisonment
in the state prison for five, six, or seven years.
(c) As used in this section, "fire-protection system" includes,
but is not limited to, an automatic fire sprinkler system, standpipe
system, automatic fixed fire extinguishing system, and fire alarm
system.
(d) For purposes of this section, the following definitions shall
control:
(1) "Automatic fire sprinkler system" means an integrated system
of underground and overhead piping designed in accordance with fire
protection engineering standards. The portion of the sprinkler
system above ground is a network of specially sized or hydraulically
designed piping installed in a building, structure, or area,
generally overhead, and to which sprinklers are attached in a
systematic pattern. The valve controlling each system riser is
located in the system riser or its supply piping. Each sprinkler
system riser includes a device for activating an alarm when the
system is in operation. The system is normally activated by heat
from a fire, and it discharges water over the fire area.
(2) "Standpipe system" means an arrangement of piping, valves, and
hose connectors and allied equipment installed in a building or
structure with the hose connectors located in a manner that water can
be discharged in streams or spray patterns through attached hose and
nozzles. The purpose of the system is to extinguish a fire, thereby
protecting a building or structure and its contents and occupants.
This system relies upon connections to water supply systems or pumps,
tanks, and other equipment necessary to provide an adequate supply
of water to the hose connectors.
(3) "Automatic fixed fire extinguishing system" means either of
the following:
(A) An engineered fixed extinguishing system which is custom
designed for a particular hazard, using components which are approved
or listed only for their broad performance characteristics.
Components may be arranged into a variety of configurations. These
systems shall include, but not be limited to, dry chemical systems,
carbon dioxide systems, halogenated agent systems, steam systems,
high expansion foam systems, foam extinguishing systems, and liquid
agent systems.
(B) A pre-engineered fixed extinguishing system is a system where
the number of components and their configurations are included in the
description of the system's approval and listing. These systems
include, but are not limited to, dry chemical systems, carbon dioxide
systems, halogenated agent systems, and liquid agent systems.
(4) "Fire alarm system" means a control unit and a combination of
electrical interconnected devices designed and intended to cause an
alarm or warning of fire in a building or structure by either manual
or automatic activation, or by both, and includes the systems
installed throughout any building or portion thereof.
(5) "Structure" means any building, whether private, commercial,
or public, or any bridge, tunnel, or powerplant.



387. (a) Any corporation, limited liability company, or person who
is a manager with respect to a product, facility, equipment, process,
place of employment, or business practice, is guilty of a public
offense punishable by imprisonment in the county jail for a term not
exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment; or by imprisonment
in the state prison for 16 months, two, or three years, or by a fine
not exceeding twenty-five thousand dollars ($25,000); or by both that
fine and imprisonment, but if the defendant is a corporation or a
limited liability company the fine shall not exceed one million
dollars ($1,000,000), if that corporation, limited liability company,
or person does all of the following:
(1) Has actual knowledge of a serious concealed danger that is
subject to the regulatory authority of an appropriate agency and is
associated with that product or a component of that product or
business practice.
(2) Knowingly fails during the period ending 15 days after the
actual knowledge is acquired, or if there is imminent risk of great
bodily harm or death, immediately, to do both of the following:
(A) Inform the Division of Occupational Safety and Health in the
Department of Industrial Relations in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the division has been so informed.
Where the concealed danger reported pursuant to this paragraph is
subject to the regulatory authority of an agency other than the
Division of Occupational Safety and Health in the Department of
Industrial Relations, it shall be the responsibility of the Division
of Occupational Safety and Health in the Department of Industrial
Relations, within 24 hours of receipt of the information, to
telephonically notify the appropriate government agency of the
hazard, and promptly forward any written notification received.
(B) Warn its affected employees in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the employees have been so warned.
The requirement for disclosure is not applicable if the hazard is
abated within the time prescribed for reporting, unless the
appropriate regulatory agency nonetheless requires disclosure by
regulation.
Where the Division of Occupational Safety and Health in the
Department of Industrial Relations was not notified, but the
corporation, limited liability company, or manager reasonably and in
good faith believed that they were complying with the notification
requirements of this section by notifying another government agency,
as listed in paragraph (8) of subdivision (d), no penalties shall
apply.
(b) As used in this section:
(1) "Manager" means a person having both of the following:
(A) Management authority in or as a business entity.
(B) Significant responsibility for any aspect of a business that
includes actual authority for the safety of a product or business
practice or for the conduct of research or testing in connection with
a product or business practice.
(2) "Product" means an article of trade or commerce or other item
of merchandise that is a tangible or an intangible good, and includes
services.
(3) "Actual knowledge," used with respect to a serious concealed
danger, means has information that would convince a reasonable person
in the circumstances in which the manager is situated that the
serious concealed danger exists.
(4) "Serious concealed danger," used with respect to a product or
business practice, means that the normal or reasonably foreseeable
use of, or the exposure of an individual to, the product or business
practice creates a substantial probability of death, great bodily
harm, or serious exposure to an individual, and the danger is not
readily apparent to an individual who is likely to be exposed.
(5) "Great bodily harm" means a significant or substantial
physical injury.
(6) "Serious exposure" means any exposure to a hazardous
substance, when the exposure occurs as a result of an incident or
exposure over time and to a degree or in an amount sufficient to
create a substantial probability that death or great bodily harm in
the future would result from the exposure.
(7) "Warn its affected employees" means give sufficient
description of the serious concealed danger to all individuals
working for or in the business entity who are likely to be subject to
the serious concealed danger in the course of that work to make
those individuals aware of that danger.
(8) "Appropriate government agency" means an agency on the
following list that has regulatory authority with respect to the
product or business practice and serious concealed dangers of the
sort discovered:
(A) The Division of Occupational Safety and Health in the
Department of Industrial Relations.
(B) State Department of Health Services.
(C) Department of Agriculture.
(D) County departments of health.
(E) The United States Food and Drug Administration.
(F) The United States Environmental Protection Agency.
(G) The National Highway Traffic Safety Administration.
(H) The Federal Occupation Safety and Health Administration.
(I) The Nuclear Regulatory Commission.
(J) The Consumer Product Safety Commission.
(K) The Federal Aviation Administration.
(L) The Federal Mine Safety and Health Review Commission.
(c) Notification received pursuant to this section shall not be
used against any manager in any criminal case, except a prosecution
for perjury or for giving a false statement.
(d) No person who is a manager of a limited liability company
shall be personally liable for acts or omissions for which the
limited liability company is liable under subdivision (a) solely by
reason of being a manager of the limited liability company. A person
who is a manager of a limited liability company may be held liable
under subdivision (a) if that person is also a "manager" within the
meaning of paragraph (1) of subdivision (b).



395. Every person who willfully makes or publishes any false
statement, spreads any false rumor, or employs any other false or
fraudulent means or device, with intent to affect the market price of
any kind of property, is guilty of a misdemeanor.




396. (a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil disturbances, some merchants have taken unfair
advantage of consumers by greatly increasing prices for essential
consumer goods and services. While the pricing of consumer goods and
services is generally best left to the marketplace under ordinary
conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential
consumer goods and services be prohibited. It is the intent of the
Legislature in enacting this act to protect citizens from excessive
and unjustified increases in the prices charged during or shortly
after a declared state of emergency for goods and services that are
vital and necessary for the health, safety, and welfare of consumers.
Further it is the intent of the Legislature that this section be
liberally construed so that its beneficial purposes may be served.
(b) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster declared by the President of the United States or the
Governor, or upon the declaration of a local emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster by the executive officer of any county, city, or city and
county, and for a period of 30 days following that declaration, it is
unlawful for a person, contractor, business, or other entity to sell
or offer to sell any consumer food items or goods, goods or services
used for emergency cleanup, emergency supplies, medical supplies,
home heating oil, building materials, housing, transportation,
freight, and storage services, or gasoline or other motor fuels for a
price of more than 10 percent above the price charged by that person
for those goods or services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if
that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to additional
costs imposed by the seller's supplier or additional costs of
providing the good or service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the seller plus the markup customarily applied by the seller for
that good or service in the usual course of business immediately
prior to the onset of the state of emergency.
(c) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, or storm declared by the President
of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood, fire, riot, or
storm by the executive officer of any county, city, or city and
county, and for a period of 180 days following that declaration, it
is unlawful for a contractor to sell or offer to sell any repair or
reconstruction services or any services used in emergency cleanup for
a price of more than 10 percent above the price charged by that
person for those services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if that
person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to the
additional costs imposed by the contractor's supplier or additional
costs of providing the service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business
immediately prior to the onset of the state of emergency.
(d) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or other natural disaster
declared by the President of the United States or the Governor, or
upon the declaration of a local emergency resulting from an
earthquake, flood, fire, riot, storm, or other natural disaster by
the executive officer of any county, city, or city and county, and
for a period of 30 days following that proclamation or declaration,
it is unlawful for an owner or operator of a hotel or motel to
increase the hotel or motel's regular rates, as advertised
immediately prior to the proclamation or declaration of emergency, by
more than 10 percent. However, a greater price increase is not
unlawful if the owner or operator can prove that the increase in
price is directly attributable to additional costs imposed on it for
goods or labor used in its business, to seasonal adjustments in rates
that are regularly scheduled, or to previously contracted rates.
(e) The provisions of this section may be extended for additional
30-day periods by a local legislative body or the California
Legislature, if deemed necessary to protect the lives, property, or
welfare of the citizens.
(f) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not exceeding one year, or
by a fine of not more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(g) A violation of this section shall constitute an unlawful
business practice and an act of unfair competition within the meaning
of Section 17200 of the Business and Professions Code. The remedies
and penalties provided by this section are cumulative to each other,
the remedies under Section 17200 of the Business and Professions
Code, and the remedies or penalties available under all other laws of
this state.
(h) For the purposes of this section, the following terms have the
following meanings:
(1) "State of emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a state of emergency has been declared by the President of
the United States or the Governor of California.
(2) "Local emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a local emergency has been declared by the executive
officer or governing body of any city or county in California.
(3) "Consumer food item" means any article that is used or
intended for use for food, drink, confection, or condiment by a
person or animal.
(4) "Repair or reconstruction services" means services performed
by any person who is required to be licensed under the Contractors'
State License Law (Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code), for repairs to
residential or commercial property of any type that is damaged as a
result of a disaster.
(5) "Emergency supplies" includes, but is not limited to, water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(6) "Medical supplies" includes, but is not limited to,
prescription and nonprescription medications, bandages, gauze,
isopropyl alcohol, and antibacterial products.
(7) "Building materials" means lumber, construction tools,
windows, and anything else used in the building or rebuilding of
property.
(8) "Gasoline" means any fuel used to power any motor vehicle or
power tool.
(9) "Transportation, freight, and storage services" means any
service that is performed by any company that contracts to move,
store, or transport personal or business property or rents equipment
for those purposes.
(10) "Housing" means any rental housing leased on a month-to-month
term.
(11) "Goods" has the same meaning as defined in subdivision (c) of
Section 1689.5 of the Civil Code.
(i) Nothing in this section shall preempt any local ordinance
prohibiting the same or similar conduct or imposing a more severe
penalty for the same conduct prohibited by this section.
(j) A business offering an item for sale at a reduced price
immediately prior to the proclamation of the emergency may use the
price at which it usually sells the item to calculate the price
pursuant to subdivision (b) or (c).


396.5. It shall be unlawful for any retail food store or wholesale
food concern, as defined in Section 3(k) of the federal Food Stamp
Act of 1977 (Public Law 95-113) (7 U.S.C. Sec. 2012(k)), or any
person, to sell, furnish or give away any goods or services, other
than those items authorized by the Food Stamp Act of 1964, as amended
(Public Law 88-525) (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code), in exchange for food stamps
issued pursuant to Chapter 10 (commencing with Section 18900), Part
6, Division 9 of the Welfare and Institutions Code.
Any violator of this section is guilty of a misdemeanor and shall
be punished by a fine of not more than five thousand dollars ($5,000)
or by imprisonment in the county jail not exceeding 90 days, or by
both that fine and imprisonment.



397. Every person who sells or furnishes, or causes to be sold or
furnished, intoxicating liquors to any habitual or common drunkard,
or to any person who has been adjudged legally incompetent or insane
by any court of this State and has not been restored to legal
capacity, knowing such person to have been so adjudged, is guilty of
a misdemeanor.



398. (a) Whenever a person owning or having custody or control of
an animal, knows, or has reason to know, that the animal bit another
person, he or she shall, as soon as is practicable, but no later than
48 hours thereafter, provide the other person with his or her name,
address, telephone number, and the name and license tag number of the
animal who bit the other person. If the person with custody or
control of the animal at the time the bite occurs is a minor, he or
she shall instead provide identification or contact information of an
adult owner or responsible party. If the animal is required by law
to be vaccinated against rabies, the person owning or having custody
or control of the animal shall, within 48 hours of the bite, provide
the other person with information regarding the status of the animal'
s vaccinations. Violation of this section is an infraction punishable
by a fine of not more than one hundred dollars ($100).
(b) For purposes of this section, it is necessary for the skin of
the person be broken or punctured by the animal for the contact to be
classified as a bite.


399. (a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, kills any
human being who has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily take in the
same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, causes
serious bodily injury to any human being who has taken all the
precautions that the circumstances permitted, or which a reasonable
person would ordinarily take in the same situation, is guilty of a
misdemeanor or a felony.



399.5. (a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state prison for two,
three, or four years, or in a county jail not to exceed one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment, if, as a result of that person's failure
to exercise ordinary care, the dog bites a human being, on two
separate occasions or on one occasion causing substantial physical
injury. No person shall be criminally liable under this section,
however, unless he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed to
take all the precautions that a reasonable person would ordinarily
take in the same situation.
(b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
(d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
(e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.



401. Every person who deliberately aids, or advises, or encourages
another to commit suicide, is guilty of a felony.



402. (a) Every person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities of police officers, firefighters, emergency
medical, or other emergency personnel, or military personnel coping
with the emergency in the course of their duties during the time it
is necessary for emergency vehicles or those personnel to be at the
scene of the emergency or to be moving to or from the scene of the
emergency for the purpose of protecting lives or property, unless it
is part of the duties of that person's employment to view that scene
or activities, and thereby impedes police officers, firefighters,
emergency medical, or other emergency personnel or military
personnel, in the performance of their duties in coping with the
emergency, is guilty of a misdemeanor.
(b) Every person who knowingly resists or interferes with the
lawful efforts of a lifeguard in the discharge or attempted discharge
of an official duty in an emergency situation, when the person knows
or reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.

(c) For the purposes of this section, an emergency includes a
condition or situation involving injury to persons, damage to
property, or peril to the safety of persons or property, which
results from a fire, an explosion, an airplane crash, flooding,
windstorm damage, a railroad accident, a traffic accident, a power
plant accident, a toxic chemical or biological spill, or any other
natural or human-caused event.


402a. Every person who adulterates candy by using in its
manufacture terra alba or other deleterious substances, or who sells
or keeps for sale any candy or candies adulterated with terra alba,
or any other deleterious substance, knowing the same to be
adulterated, is guilty of a misdemeanor.



402b. Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance, having a capacity
of one and one-half cubic feet or more, which is no longer in use,
and which has not had the door removed or the hinges and such portion
of the latch mechanism removed to prevent latching or locking of the
door, is guilty of a misdemeanor. Any owner, lessee, or manager who
knowingly permits such a refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance to remain on
premises under his control without having the door removed or the
hinges and such portion of the latch mechanism removed to prevent
latching or locking of the door, is guilty of a misdemeanor. Guilt
of a violation of this section shall not, in itself, render one
guilty of manslaughter, battery or other crime against a person who
may suffer death or injury from entrapment in such a refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance.
The provisions of this section shall not apply to any vendor or
seller of refrigerators, iceboxes, deep-freeze lockers, clothes
dryers, washing machines, or other appliances, who keeps or stores
them for sale purposes, if the vendor or seller takes reasonable
precautions to effectively secure the door of any such refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance so as to prevent entrance by children small enough to fit
therein.


402c. On and after January 1, 1970, any person who sells a new
refrigerator, icebox, or deep-freeze locker not equipped with an
integral lock in this state, having a capacity of two cubic feet or
more, which cannot be opened from the inside by the exertion of 15
pounds of force against the latch edge of the closed door is guilty
of a misdemeanor.

[هيثم الفقى]

403. Every person who, without authority of law, willfully disturbs
or breaks up any assembly or meeting that is not unlawful in its
character, other than an assembly or meeting referred to in Section
302 of the Penal Code or Section 18340 of the Elections Code, is
guilty of a misdemeanor.



404. (a) Any use of force or violence, disturbing the public peace,
or any threat to use force or violence, if accompanied by immediate
power of execution, by two or more persons acting together, and
without authority of law, is a riot.
(b) As used in this section, disturbing the public peace may occur
in any place of confinement. Place of confinement means any state
prison, county jail, industrial farm, or road camp, or any city jail,
industrial farm, or road camp, or any juvenile hall, juvenile camp,
juvenile ranch, or juvenile forestry camp.


404.6. (a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) Every person who incites any riot in the state prison or a
county jail that results in serious bodily injury, shall be punished
by either imprisonment in a county jail for not more than one year,
or imprisonment in the state prison.
(d) The existence of any fact that would bring a person under
subdivision (c) shall be alleged in the complaint, 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, 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.



405. Every person who participates in any riot is punishable by a
fine not exceeding one thousand dollars, or by imprisonment in a
county jail not exceeding one year, or by both such fine and
imprisonment.


405a. The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.



405b. Every person who participates in any lynching is punishable
by imprisonment in the state prison for two, three or four years.



406. Whenever two or more persons, assembled and acting together,
make any attempt or advance toward the commission of an act which
would be a riot if actually committed, such assembly is a rout.



407. Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or
tumultuous manner, such assembly is an unlawful assembly.



408. Every person who participates in any rout or unlawful assembly
is guilty of a misdemeanor.



409. Every person remaining present at the place of any riot, rout,
or unlawful assembly, after the same has been lawfully warned to
disperse, except public officers and persons assisting them in
attempting to disperse the same, is guilty of a misdemeanor.




409.3. Whenever law enforcement officers and emergency medical
technicians are at the scene of an accident, management of the scene
of the accident shall be vested in the appropriate law enforcement
agency, whose representative shall consult with representatives of
other response agencies at the scene to ensure that all appropriate
resources are properly utilized. However, authority for patient care
management at the scene of an accident shall be determined in
accordance with Section 1798.6 of the Health and Safety Code.
For purposes of this section, "management of the scene of an
accident" means the coordination of operations which occur at the
location of an accident.



409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers of the Department of
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
official duties, may close the area where the menace exists for the
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an
immediate menace to the public health, the local health officer may
close the area where the menace exists pursuant to the conditions set
forth in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post or other command post
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receiving notice to evacuate or leave
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.


409.6. (a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police departments, or sheriff's offices, any
officer or employee of the Department of Forestry and Fire Protection
designated a peace officer by subdivision (g) of Section 830.2, and
any officer or employee of the Department of Parks and Recreation
designated a peace officer by subdivision (f) of Section 830.2, may
close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not
authorized by that officer to enter or remain within the closed area.
If an avalanche creates an immediate menace to the public health,
the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.

(b) Officers of the Department of the California Highway Patrol,
police departments, or sheriff's offices, or officers of the
Department of Forestry and Fire Protection designated as peace
officers by subdivision (g) of Section 830.2, may close the immediate
area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous
conditions created by an avalanche to any and all unauthorized
persons pursuant to the conditions which are set forth in this
section whether or not that field command post or other command post
is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within that area, or any unauthorized person who willfully
remains within an area closed pursuant to subdivision (a) or (b),
after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor.
If necessary, a peace officer named in subdivision (a) or (b) may use
reasonable force to remove from the closed area any unauthorized
person who willfully remains within that area after receiving notice
to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.



410. If a magistrate or officer, having notice of an unlawful or
riotous assembly, mentioned in this Chapter, neglects to proceed to
the place of assembly, or as near thereto as he can with safety, and
to exercise the authority with which he is invested for suppressing
the same and arresting the offenders, he is guilty of a misdemeanor.




412. Any person, who, within this state, engages in, or instigates,
aids, encourages, or does any act to further, a pugilistic contest,
or fight, or ring or prize fight, or sparring or boxing exhibition,
taking or to take place either within or without this state, between
two or more persons, with or without gloves, for any price, reward or
compensation, directly or indirectly, or who goes into training
preparatory to such pugilistic contest, or fight, or ring or prize
fight, or sparring or boxing exhibition, or acts as aider, abettor,
backer, umpire, referee, trainer, second, surgeon, or assistant, at
such pugilistic contest, or fight, or ring or prize fight, or
sparring or boxing exhibition, or who sends or publishes a challenge
or acceptance of a challenge, or who knowingly carries or delivers
such challenge or acceptance, or who gives or takes or receives any
tickets, tokens, prize, money, or thing of value, from any person or
persons, for the purpose of seeing or witnessing any such pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who, being the owner, lessee, agent, or occupant of
any vessel, building, hotel, room, enclosure or ground, or any part
thereof, whether for gain, hire, reward or gratuitously or otherwise,
permits the same to be used or occupied for such a pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who lays, makes, offers or accepts, a bet or bets, or
wager or wagers, upon the result or any feature of any pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or acts as stakeholder of any such bet or bets, or wager
or wagers, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than one thousand dollars and be imprisoned in the county jail not
less than thirty days nor exceeding one year; provided, however, that
amateur boxing exhibitions may be held within this state, of a
limited number of rounds, not exceeding four of the duration of three
minutes each; the interval between each round shall be one minute,
and the contestants weighing one hundred and forty-five pounds or
over shall wear gloves of not less than eight ounces each in weight,
and contestants weighing under one hundred and forty-five pounds may
wear gloves of not less than six ounces each in weight. All gloves
used by contestants in such amateur boxing exhibitions shall be so
constructed, as that the soft padding between the outside coverings
shall be evenly distributed over the back of said gloves and cover
the knuckles and back of the hands. And no bandages of any kind
shall be used on the hands or arms of the contestants. For the
purpose of this statute an amateur boxing exhibition shall be and is
hereby defined as one in which no contestant has received or shall
receive in any form, directly or indirectly, any money, prize, reward
or compensation either for the expenses of training for such contest
or for taking part therein, except as herein expressly provided.
Nor shall any person appear as contestant in such amateur exhibition
who prior thereto has received any compensation or reward in any form
for displaying, exercising or giving any example of his skill in or
knowledge of athletic exercises, or for rendering services of any
kind to any athletic organization or to any person or persons as
trainer, coach, instructor or otherwise, or who shall have been
employed in any manner professionally by reason of his athletic skill
or knowledge; provided, however, that a medal or trophy may be
awarded to each contestant in such amateur boxing exhibitions, not to
exceed in value the sum of $35.00 each, which such medal or trophy
must have engraved thereon the name of the winner and the date of the
event; but no portion of any admission fee or fees charged or
received for any amateur boxing exhibition shall be paid or given to
any contestant in such amateur boxing exhibition, either directly or
indirectly, nor shall any gift be given to or received by such
contestants for participating in such boxing exhibition, except said
medal or trophy. At every amateur boxing exhibition held in this
state and permitted by this section of the Penal Code, any sheriff,
constable, marshal, policeman or other peace officer of the city,
county or other political subdivision, where such exhibition is being
held, shall have the right to, and it is hereby declared to be his
duty to stop such exhibition, whenever it shall appear to him that
the contestants are so unevenly matched or for any other reason, the
said contestants have been, or either of them, has been seriously
injured or there is danger that said contestants, or either of them,
will be seriously injured if such contest continues, and he may call
to his assistance in enforcing his order to stop said exhibition, as
many peace officers or male citizens of the state as may be necessary
for that purpose. Provided, further, that any contestant who shall
continue to participate in such exhibition after an order to stop
such exhibition shall have been given by such peace officer, or who
shall violate any of the regulations herein prescribed, for governing
amateur boxing exhibitions, shall be deemed guilty of violating this
section of the Penal Code and subject to the punishment herein
provided.
Nothing in this section contained shall be construed to prevent
any county, city and county, or incorporated city or town from
prohibiting, by ordinance, the holding or conducting of any boxing
exhibition, or any person from engaging in any such boxing exhibition
therein.


413. Every person wilfully present as spectator at any fight or
contention prohibited in the preceding section, is guilty of a
misdemeanor.
An information may be laid before any of the magistrates mentioned
in section eight hundred and eight of this code, that a person has
taken steps toward promoting or participating in a contemplated
pugilistic contest, or fight, or ring or prize fight, or sparring or
boxing exhibition, prohibited under the provision of section four
hundred and twelve of this code, or is about to commit an offense
under said section four hundred and twelve. When said information is
laid before said magistrate, he must examine, on oath, the informer,
and any witness or witnesses he may produce, and must take their
depositions in writing and cause them to be subscribed by the parties
making them. If it appears from the deposition that there is just
reason to fear the commission of the offense contemplated by the
person so informed against, the magistrate must issue a warrant
directed generally to the sheriff of the county, or any constable,
marshal, or policeman in the state, reciting the substance of the
information and commanding the officer forthwith to arrest the person
informed against and bring him before the magistrate. When the
person informed against is brought before the magistrate, if the
charge be controverted, the magistrate must take testimony in
relation thereto. The evidence must be reduced to writing and
subscribed by the witnesses. If it appears there is no just reason
to fear the commission of the offense alleged to have been
contemplated, the person complained against must be discharged. If,
however, there is just reason to fear the commission of the offense,
the person complained of must be required to enter into an
undertaking in such sum, not less than three thousand dollars, as the
magistrate may direct, with one or more sufficient sureties,
conditioned that such person will not, for a period of one year
thereafter, commit any such contemplated offense.



414. Every person who leaves this state with intent to evade any of
the provisions of Section 412 or 413, and to commit any act out of
this state such as is prohibited by them, and who does any act which
would be punishable under these provisions if committed within this
state, is punishable in the same manner as he or she would have been
in case such act had been committed within this state.



414a. No person, otherwise competent as a witness, is disqualified
from testifying as such, concerning any offense under this act, on
the ground that such testimony may incriminate himself, but no
prosecution can afterwards be had against him for any offense
concerning which he testified. The provisions of section 1111 of the
Penal Code of this state are not applicable to any prosecutions
brought under the provisions of this act.



415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.




415.5. (a) Any person who (1) unlawfully fights within any building
or upon the grounds of any school, community college, university, or
state university or challenges another person within any building
or upon the grounds to fight, or (2) maliciously and willfully
disturbs another person within any of these buildings or upon the
grounds by loud and unreasonable noise, or (3) uses offensive words
within any of these buildings or upon the grounds which are
inherently likely to provoke an immediate violent reaction is guilty
of a misdemeanor punishable by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
(b) If the defendant has been previously convicted once of a
violation of this section or of any offense defined in Chapter 1
(commencing with Section 626) of Title 15 of Part 1, the defendant
shall be sentenced to imprisonment in the county jail for a period of
not less than 10 days or more than six months, or by both that
imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 10 days of imprisonment has been
served.
(c) If the defendant has been previously convicted two or more
times of a violation of this section or of any offense defined in
Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the
defendant shall be sentenced to imprisonment in the county jail for a
period of not less than 90 days or more than six months, or by both
that imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 90 days of imprisonment has been
served.
(d) For the purpose of determining the penalty to be imposed
pursuant to this section, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
(e) As used in this section "state university," "university,"
"community college," and "school" have the same meaning as these
terms are given in Section 626.
(f) This section shall not apply to any person who is a registered
student of the school, or to any person who is engaged in any
otherwise lawful employee concerted activity.



416. (a) If two or more persons assemble for the purpose of
disturbing the public peace, or committing any unlawful act, and do
not disperse on being desired or commanded so to do by a public
officer, the persons so offending are severally guilty of a
misdemeanor.
(b) Any person who, as a result of violating subdivision (a),
personally causes damage to real or personal property, which is
either publicly or privately owned, shall make restitution for the
damage he or she caused, including, but not limited to, the costs of
cleaning up, repairing, replacing, or restoring the property. Any
restitution required to be paid pursuant to this subdivision shall be
paid directly to the victim. If the court determines that the
defendant is unable to pay restitution, the court shall order the
defendant to perform community service, as the court deems
appropriate, in lieu of the direct restitution payment.
(c) This section shall not preclude the court from imposing
restitution in the form of a penalty assessment pursuant to Section
1464 if the court, in its discretion, deems that additional
restitution appropriate.
(d) The burden of proof on the issue of whether any defendant or
defendants personally caused any property damage shall rest with the
prosecuting agency or claimant. In no event shall the burden of
proof on this issue shift to the defendant or any of several
defendants to prove that he or she was not responsible for the
property damage.



417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for 16 months, or two or three years, or by imprisonment in a county
jail for not less than three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.



417.25. (a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in subdivision (c), at another person in a
threatening manner with the specific intent to cause a reasonable
person fear of bodily harm is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 30 days. For purposes of
this section, the laser scope need not be attached to a firearm.
(b) As used in this section, "laser scope" means a portable
battery-powered device capable of being attached to a firearm and
capable of projecting a laser light on objects at a distance.
(c) As used in this section, "laser pointer" means any hand held
laser beam device or demonstration laser product that emits a single
point of light amplified by the stimulated emission of radiation that
is visible to the human eye.



417.26. (a) Any person who aims or points a laser scope as defined
in subdivision (b) of Section 417.25, or a laser pointer, as defined
in subdivision (c) of that section, at a peace officer with the
specific intent to cause the officer apprehension or fear of bodily
harm and who knows or reasonably should know that the person at whom
he or she is aiming or pointing is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a term
not exceeding six months.
(b) Any person who commits a second or subsequent violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year.



417.27. (a) No person, corporation, firm, or business entity of any
kind shall knowingly sell a laser pointer to a person 17 years of
age or younger, unless he or she is accompanied and supervised by a
parent, legal guardian, or any other adult 18 years of age or older.

(b) No student shall possess a laser pointer on any elementary or
secondary school premises unless possession of a laser pointer on the
elementary or secondary school premises is for a valid instructional
or other school-related purpose, including employment.
(c) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of another person or into a moving
vehicle with the intent to harass or annoy the other person or the
occupants of the moving vehicle.
(d) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of a guide dog, signal dog,
service dog, or dog being used by a peace officer with the intent to
harass or annoy the animal.
(e) A violation of subdivision (a), (b), (c), or (d) shall be an
infraction that is punished by either a fine of fifty dollars ($50)
or four hours of community service, and a second or subsequent
violation of any of these subdivisions shall be an infraction that is
punished by either a fine of one hundred dollars ($100) or eight
hours of community service.
(f) As used in this section, "laser pointer" has the same meaning
as set forth in subdivision (c) of Section 417.25.
(g) As used in this section, "guide dog," "signal dog," and
"service dog," respectively, have the same meaning as set forth in
subdivisions (d), (e), and (f) of Section 365.5.



417.3. Every person who, except in self-defense, in the presence of
any other person who is an occupant of a motor vehicle proceeding on
a public street or highway, draws or exhibits any firearm, whether
loaded or unloaded, in a threatening manner against another person in
such a way as to cause a reasonable person apprehension or fear of
bodily harm is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years or by imprisonment
for 16 months or two or three years and a three thousand dollar
($3,000) fine.
Nothing in this section shall preclude or prohibit prosecution
under any other statute.



417.4. Every person who, except in self-defense, draws or exhibits
an imitation firearm, as defined in Section 12550, in a threatening
manner against another in such a way as to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor
punishable by imprisonment in a county jail for a term of not less
than 30 days.



417.6. (a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the person
drawing or exhibiting the firearm or deadly weapon, the offense
shall be punished by imprisonment in the county jail not exceeding
one year or by imprisonment in the state prison.
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and serious
disfigurement.
(c) When a person is convicted of a violation of Section 417 or
417.8 and the deadly weapon or firearm used by the person is owned by
that person, the court shall order that the weapon or firearm be
deemed a nuisance and disposed of in the manner provided by Section
12028.


417.8. Every person who draws or exhibits any firearm, whether
loaded or unloaded, or other deadly weapon, with the intent to resist
or prevent the arrest or detention of himself or another by a peace
officer shall be imprisoned in the state prison for two, three, or
four years.



418. Every person using or procuring, encouraging or assisting
another to use, any force or violence in entering upon or detaining
any lands or other possessions of another, except in the cases and in
the manner allowed by law, is guilty of a misdemeanor.




419. Every person who has been removed from any lands by process of
law, or who has removed from any lands pursuant to the lawful
adjudication or direction of any Court, tribunal, or officer, and who
afterwards unlawfully returns to settle, reside upon, or take
possession of such lands, is guilty of a misdemeanor.



420. Every person who unlawfully prevents, hinders, or obstructs
any person from peaceably entering upon or establishing a settlement
or residence on any tract of public land of the United States within
the State of California, subject to settlement or entry under any of
the public land laws of the United States; or who unlawfully hinders,
prevents, or obstructs free passage over or through the public lands
of the United States within the State of California, for the purpose
of entry, settlement, or residence, as aforesaid, is guilty of a
misdemeanor.


420.1. Anyone who willfully and knowingly prevents, hinders, or
obstructs any person from entering, passing over, or leaving land in
which that person enjoys, either personally or as an agent, guest,
licensee, successor-in-interest, or contractor, a right to enter,
use, cross, or inspect the property pursuant to an easement,
covenant, license, profit, or other interest in the land, is guilty
of an infraction punishable by a fine not to exceed five hundred
dollars ($500), provided that the interest to be exercised has been
duly recorded with the county recorder's office. This section shall
not apply to the following persons: (1) any person engaged in lawful
labor union activities that are permitted to be carried out by state
or federal law; or (2) any person who is engaging in activities
protected by the California Constitution or the United States
Constitution.

[هيثم الفقى]

422. Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, 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.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, 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.



422.1. Every person who is convicted of a felony violation of
Section 148.1 or 11418.1, under circumstances in which the defendant
knew the underlying report was false, in addition to being ordered to
comply with all other applicable restitution requirements and fine
and fee provisions, shall also be ordered to pay full restitution to
each of the following:
(a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or clean up
costs, and for any property damage, caused by the violation
directly, or stemming from any emergency response to the violation or
its aftermath.
(b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any clean
up costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response
and clean up.
(c) Restitution for the costs of response by a government entity
under this section shall be determined in a hearing separate from the
determination of guilt. The court shall order restitution in an
amount no greater than the reasonable costs of the response. The
burden shall be on the people to prove the reasonable costs of the
response.
(d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim, as defined in subdivision (k) of
Section 1202.4.



422.4. (a) Any person who publishes information describing or
depicting an academic researcher or his or her immediate family
member, or the location or locations where an academic researcher or
an immediate family member of an academic researcher may be found,
with the intent that another person imminently use the information to
commit a crime involving violence or a threat of violence against an
academic researcher or his or her immediate family member, and the
information is likely to produce the imminent commission of such a
crime, is guilty of a misdemeanor, punishable by imprisonment in a
county jail for not more than one year, a fine of not more than one
thousand dollars ($1,000), or by both a fine and imprisonment.
(b) For the purposes of this section, all of the following apply:

(1) "Publishes" means making the information available to another
person through any medium, including, but not limited to, the
Internet, the World Wide Web, or e-mail.
(2) "Academic researcher" has the same meaning as in Section
602.12.
(3) "Immediate family" means any spouse, whether by marriage or
not, domestic partner, 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.
(4) "Information" includes, but is not limited to, an image,
film, filmstrip, photograph, negative, slide, photocopy, videotape,
video laser disc, or any other computer-generated image.
(c) Any academic researcher about whom information is published in
violation of subdivision (a) may seek a preliminary injunction
enjoining any further publication of that information. This
subdivision shall not apply to a person or entity protected pursuant
to Section 1070 of the Evidence Code.
(d) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
(e) This section shall not preclude prosecution under any other
provision of law.

[هيثم الفقى]

DEFINITIONS

422.55. For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different meaning, the following shall apply:
(a) "Hate crime" means a criminal act committed, in whole or in
part, because of one or more of the following actual or perceived
characteristics of the victim:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) ***ual orientation.
(7) Association with a person or group with one or more of these
actual or perceived characteristics.
(b) "Hate crime" includes, but is not limited to, a violation of
Section 422.6.


422.56. For purposes of this title, the following definitions shall
apply:
(a) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs 1 to 6, inclusive, of subdivision (a) of Section
422.55.
(b) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
(c) "Gender" means ***, and includes a person's gender identity
and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned *** at birth.
(d) "In whole or in part because of" means that the bias
motivation must be a cause in fact of the offense, whether or not
other causes also exist. When multiple concurrent motives exist, the
prohibited bias must be a substantial factor in bringing about the
particular result. There is no requirement that the bias be a main
factor, or that the crime would not have been committed but for the
actual or perceived characteristic. This subdivision does not
constitute a change in, but is declaratory of, existing law under In
re M.S.(1995) 10 Cal. 4th 698 and People v. Superior Court (Aishman)
(1995) 10 Cal. 4th 735.
(e) "Nationality" includes citizenship, country of origin, and
national origin.
(f) "Race or ethnicity" includes ancestry, color, and ethnic
background.
(g) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
(h) "***ual orientation" means hetero***uality, homo***uality, or
bi***uality.
(i) "Victim" includes, but is not limited to, a community center,
educational facility, entity, family, group, individual, office,
meeting hall, person, place of worship, private institution, public
agency, library, or other victim or intended victim of the offense.




422.57. For purposes this code, unless an explicit provision of law
or the context clearly requires a different meaning, "gender" has
the same meaning as in Section 422.56.

[هيثم الفقى]

422.6. (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States in whole or in part because of one or more
of the actual or perceived characteristics of the victim listed in
subdivision (a) of Section 422.55.
(b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, in whole or in part
because of one or more of the actual or perceived characteristics of
the victim listed in subdivision (a) of Section 422.55.
(c) Any person convicted of violating subdivision (a) or (b) shall
be punished by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed five thousand dollars ($5,000), or by
both the above imprisonment and fine, and the court shall order the
defendant to perform a minimum of community service, not to exceed
400 hours, to be performed over a period not to exceed 350 days,
during a time other than his or her hours of employment or school
attendance. However, no person may be convicted of violating
subdivision (a) based upon speech alone, except upon a showing that
the speech itself threatened violence against a specific person or
group of persons and that the defendant had the apparent ability to
carry out the threat.
(d) Conduct that violates this and any other provision of law,
including, but not limited to, an offense described in Article 4.5
(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,
may be charged under all applicable provisions. However, an act or
omission punishable in different ways by this section and other
provisions of law shall not be punished under more than one
provision, and the penalty to be imposed shall be determined as set
forth in Section 654.



422.7. Except in the case of a person punished under Section 422.6,
any hate crime that is not made punishable by imprisonment in the
state prison shall be punishable by imprisonment in the state prison
or in a county jail not to exceed one year, by a fine not to exceed
ten thousand dollars ($10,000), or by both that imprisonment and
fine, if the crime is committed against the person or property of
another for the purpose of intimidating or interfering with that
other person's free exercise or enjoyment of any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States under any of the following
circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of four
hundred dollars ($400).
(c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.



422.75. (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or attempts
to commit a felony that is a hate crime, shall receive an additional
term of one, two, or three years in the state prison, at the court's
discretion.
(b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
(c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
(d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime. This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
(e) Any additional term authorized by this section 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.
(f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
(g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.




422.76. Except where the court imposes additional punishment under
Section 422.75 or in a case in which the person has been convicted of
an offense subject to Section 1170.8, the fact that a person
committed a felony or attempted to commit a felony that is a hate
crime shall be considered a circumstance in aggravation of the crime
in imposing a term under subdivision (b) of Section 1170.



422.77. (a) Any willful and knowing violation of any order issued
pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code
shall be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.
(b) A person who has previously been convicted one or more times
of violating an order issued pursuant to subdivision (a) or (b) of
Section 52.1 of the Civil Code upon charges separately brought and
tried shall be imprisoned in the county jail for not more than one
year. Subject to the discretion of the court, the prosecution shall
have the opportunity to present witnesses and relevant evidence at
the time of the sentencing of a defendant pursuant to this
subdivision.
(c) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
Section 52.1 of the Civil Code.
(d) The court may order a defendant who is convicted of a hate
crime to perform a minimum of community service, not to exceed 400
hours, to be performed over a period not to exceed 350 days, during a
time other than his or her hours of employment or school attendance.



422.78. The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders issued pursuant
to this title or Section 52.1 of the Civil Code.



422.8. Except as otherwise required by law, nothing in this title
shall be construed to prevent or limit the prosecution of any person
pursuant to any provision of law.



422.85. (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or ***ual
orientation, including, but not limited to offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, the court, absent compelling circumstances stated on the
record, shall make an order protecting the victim, or known immediate
family or domestic partner of the victim, from further acts of
violence, threats, stalking, or harassment by the defendant,
including any stay-away conditions the court deems appropriate, and
shall make obedience of that order a condition of the defendant's
probation. In these cases the court may also order that the
defendant be required to do one or more of the following as a
condition of probation:
(1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
(3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
(b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.


422.86. (a) It is the public policy of this state that the
principal goals of sentencing for hate crimes, are the following:
(1) Punishment for the hate crimes committed.
(2) Crime and violence prevention, including prevention of
recidivism and prevention of crimes and violence in prisons and
jails.
(3) Restorative justice for the immediate victims of the hate
crimes and for the classes of persons terrorized by the hate crimes.

(b) The Judicial Council shall develop a rule of court guiding
hate crime sentencing to implement the policy in subdivision (a). In
developing the rule of court, the council shall consult experts
including organizations representing hate crime victims.



422.865. (a) In the case of any person who is committed to a state
hospital or other treatment facility under the provisions of Section
1026 for any offense against the person or property of another
individual, private institution, or public agency because of the
victim's actual or perceived race, color, ethnicity, religion,
nationality, country of origin, ancestry, disability, gender, or
***ual orientation, including, but not limited to, offenses defined
in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court or community program director may order that the defendant be
required as a condition of outpatient status or conditional release
to complete a class or program on racial or ethnic sensitivity, or
other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(b) In the case of any person who is committed to a state hospital
or other treatment facility under the provisions of Section 1026 for
any offense against the person or property of another individual,
private institution, or public agency committed because of the victim'
s actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or ***ual
orientation, including, but not limited to, offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court, absent compelling circumstances stated on the record, shall
make an order protecting the victim, or known immediate family or
domestic partner of the victim, from further acts of violence,
threats, stalking, or harassment by the defendant, including any
stay-away conditions as the court deems appropriate, and shall make
obedience of that order a condition of the defendant's outpatient
status or conditional release.
(c) It is the intent of the Legislature to encourage state
agencies and treatment facilities to establish education and training
programs to prevent violations of civil rights and hate crimes.

[هيثم الفقى]

422.88. (a) The court in which a criminal proceeding stemming from
a hate crime or alleged hate crime is filed shall take all actions
reasonably required, including granting restraining orders, to
safeguard the health, safety, or privacy of the alleged victim, or of
a person who is a victim of, or at risk of becoming a victim of, a
hate crime.
(b) Restraining orders issued pursuant to subdivision (a) may
include provisions prohibiting or restricting the photographing of a
person who is a victim of, or at risk of becoming a victim of, a hate
crime when reasonably required to safeguard the health, safety, or
privacy of that person.



422.89. It is the intent of the Legislature to encourage counties,
cities, law enforcement agencies, and school districts to establish
education and training programs to prevent violations of civil rights
and hate crimes and to assist victims.



422.9. All state and local agencies shall use the definition of
"hate crime" set forth in subdivision (a) of Section 422.55
exclusively, except as other explicit provisions of state or federal
law may require otherwise.


422.91. The Department of Corrections and the California Youth
Authority, subject to available funding, shall do each of the
following:
(a) Cooperate fully and participate actively with federal, state,
and local law enforcement agencies and community hate crime
prevention and response networks and other anti-hate groups
concerning hate crimes and gangs.
(b) Strive to provide inmates with safe environments in which they
are not pressured to join gangs or hate groups and do not feel a
need to join them in self-defense.



422.92. (a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide
existing brochures, making revisions as needed, to local law
enforcement agencies upon request for reproduction and distribution
to victims of hate crimes and other interested parties. In carrying
out these responsibilities, the department shall consult the Fair
Employment and Housing Commission, the Department of Justice, and the
Victim Compensation and Government Claims Board.



422.93. (a) It is the public policy of this state to protect the
public from crime and violence by encouraging all persons who are
victims of or witnesses to crimes, or who otherwise can give evidence
in a criminal investigation, to cooperate with the criminal justice
system and not to penalize these persons for being victims or for
cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a hate
crime, or who otherwise can give evidence in a hate crime
investigation, is not charged with or convicted of committing any
crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or
report or turn the individual over to federal immigration
authorities.

[هيثم الفقى]

ENTRANCES ACT


423. This title shall be known and may be cited as the California
Freedom of Access to Clinic and Church Entrances Act, or the
California FACE Act.


423.1. The following definitions apply for the purposes of this
title:
(a) "Crime of violence" means an offense that has as an element
the use, attempted use, or threatened use of physical force against
the person or property of another.
(b) "Interfere with" means to restrict a person's freedom of
movement.
(c) "Intimidate" means to place a person in reasonable
apprehension of bodily harm to herself or himself or to another.
(d) "Nonviolent" means conduct that would not constitute a crime
of violence.
(e) "Physical obstruction" means rendering ingress to or egress
from a reproductive health services facility or to or from a place of
religious worship impassable to another person, or rendering passage
to or from a reproductive health services facility or a place of
religious worship unreasonably difficult or hazardous to another
person.
(f) "Reproductive health services" means reproductive health
services provided in a hospital, clinic, physician's office, or other
facility and includes medical, surgical, counseling, or referral
services relating to the human reproductive system, including
services relating to pregnancy or the termination of a pregnancy.
(g) "Reproductive health services client, provider, or assistant"
means a person or entity that is or was involved in obtaining,
seeking to obtain, providing, seeking to provide, or assisting or
seeking to assist another person, at that other person's request, to
obtain or provide any services in a reproductive health services
facility, or a person or entity that is or was involved in owning or
operating or seeking to own or operate, a reproductive health
services facility.
(h) "Reproductive health services facility" includes a hospital,
clinic, physician's office, or other facility that provides or seeks
to provide reproductive health services and includes the building or
structure in which the facility is located.



423.2. Every person who, except a parent or guardian acting towards
his or her minor child or ward, commits any of the following acts
shall be subject to the punishment specified in Section 423.3.
(a) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with, any
person or entity because that person or entity is a reproductive
health services client, provider, or assistant, or in order to
intimidate any person or entity, or any class of persons or entities,
from becoming or remaining a reproductive health services client,
provider, or assistant.
(b) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with any person
lawfully exercising or seeking to exercise the First Amendment right
of religious freedom at a place of religious worship.
(c) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person or entity because that person or entity
is a reproductive health services client, provider, or assistant, or
in order to intimidate any person or entity, or any class of persons
or entities, from becoming or remaining a reproductive health
services client, provider, or assistant.
(d) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person lawfully exercising or seeking to
exercise the First Amendment right of religious freedom at a place of
religious worship.
(e) Intentionally damages or destroys the property of a person,
entity, or facility, or attempts to do so, because the person,
entity, or facility is a reproductive health services client,
provider, assistant, or facility.
(f) Intentionally damages or destroys the property of a place of
religious worship.


423.3. (a) A first violation of subdivision (c) or (d) of Section
423.2 is a misdemeanor, punishable by imprisonment in a county jail
for a period of not more than six months and a fine not to exceed two
thousand dollars ($2,000).
(b) A second or subsequent violation of subdivision (c) or (d) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than six months and a fine not
to exceed five thousand dollars ($5,000).
(c) A first violation of subdivision (a), (b), (e), or (f) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than one year and a fine not to
exceed twenty-five thousand dollars ($25,000).
(d) A second or subsequent violation of subdivision (a), (b), (e),
or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment
in a county jail for a period of not more than one year and a fine
not to exceed fifty thousand dollars ($50,000).
(e) In imposing fines pursuant to this section, the court shall
consider applicable factors in aggravation and mitigation set out in
Rules 4.421 and 4.423 of the California Rules of Court, and shall
consider a prior violation of the federal Freedom of Access to Clinic
Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of
a statute of another jurisdiction that would constitute a violation
of Section 423.2 or of the federal Freedom of Access to Clinic
Entrances Act of 1994, to be a prior violation of Section 423.2.
(f) This title establishes concurrent state jurisdiction over
conduct that is also prohibited by the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for
more severe misdemeanor penalties for first violations and
felony-misdemeanor penalties for second and subsequent violations.
State law enforcement agencies and prosecutors shall cooperate with
federal authorities in the prevention, apprehension, and prosecution
of these crimes, and shall seek federal prosecutions when
appropriate.
(g) No person shall be convicted under this article for conduct in
violation of Section 423.2 that was done on a particular occasion
where the identical conduct on that occasion was the basis for a
conviction of that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).



423.4. (a) A person aggrieved by a violation of Section 423.2 may
bring a civil action to enjoin the violation, for compensatory and
punitive damages, and for the costs of suit and reasonable fees for
attorneys and expert witnesses, except that only a reproductive
health services client, provider, or assistant may bring an action
under subdivision (a), (c), or (e) of Section 423.2, and only a
person lawfully exercising or seeking to exercise the First Amendment
right of religious freedom in a place of religious worship, or the
entity that owns or operates a place of religious worship, may bring
an action under subdivision (b), (d), or (f) of Section 423.2. With
respect to compensatory damages, the plaintiff may elect, at any time
prior to the rendering of a final judgment, to recover, in lieu of
actual damages, an award of statutory damages in the amount of one
thousand dollars ($1,000) per exclusively nonviolent violation, and
five thousand dollars ($5,000) per any other violation, for each
violation committed.
(b) The Attorney General, a district attorney, or a city attorney
may bring a civil action to enjoin a violation of Section 423.2, for
compensatory damages to persons aggrieved as described in subdivision
(a) and for the assessment of a civil penalty against each
respondent. The civil penalty shall not exceed two thousand dollars
($2,000) for an exclusively nonviolent first violation, and fifteen
thousand dollars ($15,000) for any other first violation, and shall
not exceed five thousand dollars ($5,000) for an exclusively
nonviolent subsequent violation, and twenty-five thousand dollars
($25,000) for any other subsequent violation. In imposing civil
penalties pursuant to this subdivision, the court shall consider a
prior violation of the federal Freedom of Access to Clinic Entrances
Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute
of another jurisdiction that would constitute a violation of Section
423.2 or the federal Freedom of Access to Clinic Entrances Act of
1994, to be a prior violation of Section 423.2.
(c) No person shall be found liable under this section for conduct
in violation of Section 423.2 done on a particular occasion where
the identical conduct on that occasion was the basis for a finding of
liability by that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).




423.5. (a) (1) The court in which a criminal or civil proceeding is
filed for a violation of subdivision (a), (c), or (e) of Section
423.2 shall take all action reasonably required, including granting
restraining orders, to safeguard the health, safety, or privacy of
either of the following:
(A) A reproductive health services client, provider, or assistant
who is a party or witness in the proceeding.
(B) A person who is a victim of, or at risk of becoming a victim
of, conduct prohibited by subdivision (a), (c), or (e) of Section
423.2.
(2) The court in which a criminal or civil proceeding is filed for
a violation of subdivision (b), (d), or (f) of Section 423.2 shall
take all action reasonably required, including granting restraining
orders, to safeguard the health, safety, or privacy of either of the
following:
(A) A person lawfully exercising or seeking to exercise the First
Amendment right of religious freedom at a place of religious worship.

(B) An entity that owns or operates a place of religious worship.

(b) Restraining orders issued pursuant to paragraph (1) of
subdivision (a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (1) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
Restraining orders issued pursuant to paragraph (2) of subdivision
(a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (2) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
(c) A court may, in its discretion, permit an individual described
in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to
use a pseudonym in a civil proceeding described in paragraph (1) of
subdivision (a) when reasonably required to safeguard the health,
safety, or privacy of those persons. A court may, in its discretion,
permit an individual described in subparagraph (A) or (B) of
paragraph (2) of subdivision (a) to use a pseudonym in a civil
proceeding described in paragraph (2) of subdivision (a) when
reasonably required to safeguard the health, safety, or privacy of
those persons.


423.6. This title shall not be construed for any of the following
purposes:
(a) To impair any constitutionally protected activity, or any
activity protected by the laws of California or of the United States
of America.
(b) To provide exclusive civil or criminal remedies or to preempt
or to preclude any county, city, or city and county from passing any
law to provide a remedy for the commission of any of the acts
prohibited by this title or to make any of those acts a crime.
(c) To interfere with the enforcement of any federal, state, or
local laws regulating the performance of abortions or the provision
of other reproductive health services.
(d) To negate, supercede, or otherwise interfere with the
operation of any provision of Chapter 10 (commencing with Section
1138) of Part 3 of Division 2 of the Labor Code.
(e) To create additional civil or criminal remedies or to limit
any existing civil or criminal remedies to redress an activity that
interferes with the exercise of any other rights protected by the
First Amendment to the United States Constitution or of Article I of
the California Constitution.
(f) To preclude prosecution under both this title and any other
provision of law, except as provided in subdivision (g) of Section
423.3.

[هيثم الفقى]

424. (a) Each officer of this state, or of any county, city, town,
or district of this state, and every other person charged with the
receipt, safekeeping, transfer, or disbursement of public moneys, who
either: 1. Without authority of law, appropriates the same, or
any portion thereof, to his or her own use, or to the use of another;
or, 2. Loans the same or any portion thereof; makes any profit out
of, or uses the same for any purpose not authorized by law; or, 3.
Knowingly keeps any false account, or makes any false entry or
erasure in any account of or relating to the same; or, 4.
Fraudulently alters, falsifies, conceals, destroys, or obliterates
any account; or, 5. Willfully refuses or omits to pay over, on
demand, any public moneys in his or her hands, upon the presentation
of a draft, order, or warrant drawn upon these moneys by competent
authority; or, 6. Willfully omits to transfer the same, when
transfer is required by law; or, 7. Willfully omits or refuses to
pay over to any officer or person authorized by law to receive the
same, any money received by him or her under any duty imposed by law
so to pay over the same;-- Is punishable by imprisonment in the state
prison for two, three, or four years, and is disqualified from
holding any office in this state.
(b) As used in this section, "public moneys" includes the proceeds
derived from the sale of bonds or other evidence or indebtedness
authorized by the legislative body of any city, county, district, or
public agency.
(c) This section does not apply to the incidental and minimal use
of public resources authorized by Section 8314 of the Government
Code.


425. Every officer charged with the receipt, safe keeping, or
disbursement of public moneys, who neglects or fails to keep and pay
over the same in the manner prescribed by law, is guilty of felony.



426. The phrase "public moneys," as used in Sections 424 and 425,
includes all bonds and evidence of indebtedness, and all moneys
belonging to the state, or any city, county, town, district, or
public agency therein, and all moneys, bonds, and evidences of
indebtedness received or held by state, county, district, city, town,
or public agency officers in their official capacity.



428. Every person who willfully obstructs or hinders any public
officer from collecting any revenue, taxes, or other sums of money in
which the people of this State are interested, and which such
officer is by law empowered to collect, is guilty of a misdemeanor.




429. Any provider of telecommunications services in this state that
intentionally fails to collect or remit, as may be required, the
annual fee imposed pursuant to Section 431 of the Public Utilities
Code, the universal telephone service surcharge imposed pursuant to
Section 879 or 879.5 of the Public Utilities Code, the fee for filing
an application for a certificate of public convenience and necessity
as provided in Section 1904 of the Public Utilities Code, or the
surcharge imposed pursuant to subdivision (d) of Section 2881 of the
Public Utilities Code, whether imposed on the provider or measured by
the provider's service charges, is guilty of a misdemeanor.



431. Every person who uses or gives any receipt, except that
prescribed by law, as evidence of the payment of any poll tax, road
tax, or license of any kind, or who receives payment of such tax or
license without delivering the receipt prescribed by law, or who
inserts the name of more than one person therein, is guilty of a
misdemeanor.



432. Every person who has in his possession, with intent to
circulate or sell, any blank licenses or poll tax receipts other than
those furnished by the Controller of State or County Auditor, is
guilty of felony.


436. Every person who acts as an auctioneer in violation of the
laws of this State relating to auctions and auctioneers, is guilty of
a misdemeanor.


439. Every person who in this State procures, or agrees to procure,
any insurance for a resident of this State, from any insurance
company not incorporated under the laws of this State, unless such
company or its agent has filed the bond required by the laws of this
State relating to insurance, is guilty of a misdemeanor.




440. Every officer charged with the collection, receipt, or
disbursement of any portion of the revenue of this State, who, upon
demand, fails or refuses to permit the Controller or Attorney General
to inspect his books, papers, receipts, and records pertaining to
his office, is guilty of a misdemeanor.

[هيثم الفقى]

ARSON


450. In this chapter, the following terms have the following
meanings:
(a) "Structure" means any building, or commercial or public tent,
bridge, tunnel, or powerplant.
(b) "Forest land" means any brush covered land, cut-over land,
forest, grasslands, or woods.
(c) "Property" means real property or personal property, other
than a structure or forest land.
(d) "Inhabited" means currently being used for dwelling purposes
whether occupied or not. "Inhabited structure" and "inhabited
property" do not include the real property on which an inhabited
structure or an inhabited property is located.
(e) "Maliciously" imports a wish to vex, defraud, annoy, or injure
another person, or an intent to do a wrongful act, established
either by proof or presumption of law.
(f) "Recklessly" means a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or her act
will set fire to, burn, or cause to burn a structure, forest land, or
property. The risk shall be of such nature and degree that
disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation. A
person who creates such a risk but is unaware thereof solely by
reason of voluntary intoxication also acts recklessly with respect
thereto.


451. A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
(a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
(b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
(c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
(d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.



451.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or five-year enhancement if one or more of the
following circumstances is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 451.
(5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition.
(b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of any fact required under this section
shall be alleged in the accusatory pleading and either admitted by
the defendant in open court or found to be true by the trier of fact.




451.5. (a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause damage to property under circumstances likely to
produce injury to one or more persons or to cause damage to one or
more structures or inhabited dwellings, sets fire to, burns, or
causes to be burned, or aids, counsels, or procures the burning of
any residence, structure, forest land, or property is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
(1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
(2) (A) The fire caused property damage and other losses in excess
of five million six hundred fifty thousand dollars ($5,650,000).
(B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect until January 1, 2010, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2010, deletes or extends that date.
(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
(c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.




452. A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or property.
(a) Unlawfully causing a fire that causes great bodily injury is a
felony punishable by imprisonment in the state prison for two, four
or six years, or by imprisonment in the county jail for not more than
one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure
or inhabited property to burn is a felony punishable by imprisonment
in the state prison for two, three or four years, or by imprisonment
in the county jail for not more than one year, or by a fine, or by
both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a
felony punishable by imprisonment in the state prison for 16 months,
two or three years, or by imprisonment in the county jail for not
more than six months, or by a fine, or by both such imprisonment and
fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For
purposes of this paragraph, unlawfully causing a fire of property
does not include one burning or causing to be burned his own personal
property unless there is injury to another person or to another
person's structure, forest land or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.



452.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year enhancement for each of the following
circumstances that is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 452. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 452.
(b) The additional term specified in subdivision (a) of Section
452.1 shall not be imposed unless the existence of any fact required
under this section shall be alleged in the accusatory pleading and
either admitted by the defendant in open court or found to be true by
the trier of fact.


453. (a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an arrangement or preparation, with intent to
willfully and maliciously use this material, substance, or device to
set fire to or burn any structure, forest land, or property, shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(b) For the purposes of this section:
(1) "Disposes of" means to give, give away, loan, offer, offer for
sale, sell, or transfer.
(2) "Incendiary device" means a device that is constructed or
designed to start an incendiary fire by remote, delayed, or instant
means, but no device commercially manufactured primarily for the
purpose of illumination shall be deemed to be an incendiary device
for the purposes of this section.
(3) "Incendiary fire" means a fire that is deliberately ignited
under circumstances in which a person knows that the fire should not
be ignited.
(c) Subdivision (a) does not prohibit the authorized use or
possession of any material, substance or device described therein by
a member of the armed forces of the United States or by firemen,
police officers, peace officers, or law enforcement officers
authorized by the properly constituted authorities; nor does that
subdivision prohibit the use or possession of any material, substance
or device described therein when used solely for scientific research
or educational purposes, or for disposal of brush under permit as
provided for in Section 4494 of the Public Resources Code, or for any
other lawful burning. Subdivision (a) does not prohibit the
manufacture or disposal of an incendiary device for the parties or
purposes described in this subdivision.



454. (a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be punished by imprisonment in the state prison, as
specified in subdivision (b):
(1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
(2) A state of emergency pursuant to Section 8625 of the
Government Code.
(b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or nine
years. All other persons who are described in subdivision (a) shall
be punished by imprisonment in the state prison for three, five, or
seven years.
(c) Probation shall not be granted to any person who is convicted
of violating this section, except in unusual cases where the interest
of justice would best be served.



455. Any person who willfully and maliciously attempts to set fire
to or attempts to burn or to aid, counsel or procure the burning of
any structure, forest land or property, or who commits any act
preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall, for the purposes of this act constitute an attempt to burn
such structure, forest land or property.



456. (a) Upon conviction for any felony violation of this chapter,
in addition to the penalty prescribed, the court may impose a fine
not to exceed fifty thousand dollars ($50,000) unless a greater
amount is provided by law.
(b) When any person is convicted of a violation of any provision
of this chapter and the reason he committed the violation was for
pecuniary gain, in addition to the penalty prescribed and instead of
the fine provided in subdivision (a), the court may impose a fine of
twice the anticipated or actual gross gain.



457. Upon conviction of any person for a violation of any provision
of this chapter, the court may order that such person, for the
purpose of sentencing, submit to a psychiatric or psychological
examination.


457.1. (a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a violation of Section 455.
(b) (1) Every person described in paragraph (2), (3), and (4), for
the periods specified therein, shall, while residing in, or if the
person has no residence, while located in California, be required to,
within 14 days of coming into, or changing the person's residence or
location within any city, county, city and county, or campus wherein
the person temporarily resides, or if the person has no residence,
is located:
(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
(C) In addition to (A) or (B) above, register with the chief of
police of a campus of the University of California, the California
State University, or community college where the person is residing,
or if the person has no residence, where the person is located upon
the campus or any of its facilities.
(2) Any person who, on or after November 30, 1994, is convicted in
any court in this state of arson or attempted arson shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of the Youth Authority shall be required to
register, in accordance with the provisions of this section, until
that person attains the age of 25 years, or until the person has his
or her records sealed pursuant to Section 781 of the Welfare and
Institutions Code, whichever comes first.
(4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, shall be required to register,
in accordance with the provisions of this section, for a period of
five years commencing, in the case where the person was confined for
the offense, from the date of their release from confinement, or in
the case where the person was not confined for the offense, from the
date of sentencing or discharge, if that person was ordered by the
court at the time that person was sentenced to register as an arson
offender. The law enforcement agencies shall make registration
information available to the chief fire official of a legally
organized fire department or fire protection district having local
jurisdiction where the person resides.
(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement. The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her. The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice. The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice. The official in charge of the place of confinement shall
retain one copy. All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first. This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to
the person, and shall send one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge or release, one copy to the
prosecuting agency that prosecuted the person, one copy to the chief
fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge or release, and one copy
to the Department of Justice. The probation officer shall also
retain one copy.
(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person. Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail. In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
(i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
(j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
(l) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section. This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
Any person who is required to register under this section due to a
misdemeanor conviction shall be relieved of the requirement to
register if that person is granted relief pursuant to Section 1203.4.

[هيثم الفقى]

WEAPONS


466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, floor-safe door puller, master key, ceramic or
porcelain spark plug chips or pieces, or other instrument or tool
with intent feloniously to break or enter into any building, railroad
car, aircraft, or vessel, trailer coach, or vehicle as defined in
the Vehicle Code, or who shall knowingly make or alter, or shall
attempt to make or alter, any key or other instrument named above so
that the same will fit or open the lock of a building, railroad car,
aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle
Code, without being requested to do so by some person having the
right to open the same, or who shall make, alter, or repair any
instrument or thing, knowing or having reason to believe that it is
intended to be used in committing a misdemeanor or felony, is guilty
of a misdemeanor. Any of the structures mentioned in Section 459
shall be deemed to be a building within the meaning of this section.




466.1. Any person who knowingly and willfully sells or provides a
lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a
floor-safe door puller, to another, whether or not for compensation,
shall obtain the name, address, telephone number, if any, date of
birth, and driver's license number or identification number, if any,
of the person to whom the device is sold or provided. This
information, together with the date the device was sold or provided
and the signature of the person to whom the device was sold or
provided, shall be set forth on a bill of sale or receipt. A copy of
each bill of sale or receipt shall be retained for one year and
shall be open to inspection by any peace officer during business
hours.
Any person who violates any provision of this section is guilty of
a misdemeanor.



466.3. (a) Whoever possesses a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool, instrument,
explosive, or device, designed to open, break into, tamper with, or
damage a coin-operated machine as defined in subdivision (b), with
intent to commit a theft from such machine, is punishable by
imprisonment in the county jail for not more than one year, or by
fine of not more than one thousand dollars ($1,000), or by both.
(b) As used in this section, the term "coin-operated machine"
shall include any automatic vending machine or any part thereof,
parking meter, coin telephone, coin laundry machine, coin dry
cleaning machine, amusement machine, music machine, vending machine
dispensing goods or services, or moneychanger.



466.5. (a) Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle master key
or a motor vehicle wheel lock master key is guilty of a misdemeanor.

(b) Every person who, with the intent to use it in the commission
of an unlawful act, uses a motor vehicle master key to open a lock or
operate the ignition switch of any motor vehicle or uses a motor
vehicle wheel lock master key to open a wheel lock on any motor
vehicle is guilty of a misdemeanor.
(c) Every person who knowingly manufactures for sale, advertises
for sale, offers for sale, or sells a motor vehicle master key or a
motor vehicle wheel lock master key, except to persons who use such
keys in their lawful occupations or businesses, is guilty of a
misdemeanor.
(d) As used in this section:
(1) "Motor vehicle master key" means a key which will operate all
the locks or ignition switches, or both the locks and ignition
switches, in a given group of motor vehicle locks or motor vehicle
ignition switches, or both motor vehicle locks and motor vehicle
ignition switches, each of which can be operated by a key which will
not operate one or more of the other locks or ignition switches in
such group.
(2) "Motor vehicle wheel lock" means a device attached to a motor
vehicle wheel for theft protection purposes which can be removed only
by a key unit unique to the wheel lock attached to a particular
motor vehicle.
(3) "Motor vehicle wheel lock master key" means a key unit which
will operate all the wheel locks in a given group of motor vehicle
wheel locks, each of which can be operated by a key unit which will
not operate any of the other wheel locks in the group.



466.6. (a) Any person who makes a key capable of operating the
ignition of a motor vehicle or personal property registered under the
Vehicle Code for another by any method other than by the duplication
of an existing key, whether or not for compensation, shall obtain
the name, address, telephone number, if any, date of birth, and
driver's license number or identification number of the person
requesting or purchasing the key; and the registration or
identification number, license number, year, make, model, color, and
vehicle identification number of the vehicle or personal property
registered under the Vehicle Code for which the key is to be made.
Such information, together with the date the key was made and the
signature of the person for whom the key was made, shall be set forth
on a work order. A copy of each such work order shall be retained
for two years, shall include the name and permit number of the
locksmith performing the service, and shall be open to inspection by
any peace officer or by the Bureau of Collection and Investigative
Services during business hours or submitted to the bureau upon
request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
(c) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a motor vehicle from another
key.


466.7. Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle key with
knowledge that such key was made without the consent of either the
registered or legal owner of the motor vehicle or of a person who is
in lawful possession of the motor vehicle, is guilty of a
misdemeanor.



466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such door or entrance, whether or
not for compensation, shall obtain, together with the date the key
was made, the street address of the residence or commercial
establishment, and the signature of the person for whom the key was
made, on a work order form, the following information regarding the
person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) Telephone number, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be retained for two years and
shall be open to inspection by any peace officer or by the Bureau of
Collection and Investigative Services during business hours or
submitted to the bureau upon request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.



466.9. (a) Every person who possesses a code grabbing device, with
the intent to use it in the commission of an unlawful act, is guilty
of a misdemeanor.
(b) Every person who uses a code grabbing device to disarm the
security alarm system of a motor vehicle, with the intent to use the
device in the commission of an unlawful act, is guilty of a
misdemeanor.
(c) As used in this section, "code grabbing device" means a device
that can receive and record the coded signal sent by the transmitter
of a motor vehicle security alarm system and can play back the
signal to disarm that system.



468. Any person who knowingly buys, sells, receives, disposes of,
conceals, or has in his possession a sniperscope shall be guilty of a
misdemeanor, punishable by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment in the county jail for not more
than one year, or by both such fine and imprisonment.
As used in this section, sniperscope means any attachment, device
or similar contrivance designed for or adaptable to use on a firearm
which, through the use of a projected infrared light source and
electronic telescope, enables the operator thereof to visually
determine and locate the presence of objects during the nighttime.
This section shall not prohibit the authorized use or possession
of such sniperscope by a member of the armed forces of the United
States or by police officers, peace officers, or law enforcement
officers authorized by the properly constituted authorities for the
enforcement of law or ordinances; nor shall this section prohibit the
use or possession of such sniperscope when used solely for
scientific research or educational purposes.



469. Any person who knowingly makes, duplicates, causes to be
duplicated, or uses, or attempts to make, duplicate, cause to be
duplicated, or use, or has in his possession any key to a building or
other area owned, operated, or controlled by the State of
California, any state agency, board, or commission, a county, city,
or any public school or community college district without
authorization from the person in charge of such building or area or
his designated representative and with knowledge of the lack of such
authorization is guilty of a misdemeanor.

[هيثم الفقى]

470. (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier's check, traveler's check, money order, post note,
draft, any controller's warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
(e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.



470a. Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver's license or
identification card issued by a governmental agency with the intent
that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.



470b. Every person who displays or causes or permits to be
displayed or has in his possession any driver's license or
identification card of the type enumerated in Section 470a with the
intent that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.



471. Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.


471.5. Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.



472. Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.


473. Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.



474. Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.



475. (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
(b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler's check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
(c) Every person who possesses any completed check, money order,
traveler's check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.



476. Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery.



476a. (a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers any check, or draft or order upon any bank or depositary, or
person, or firm, or corporation, for the payment of money, knowing
at the time of such making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with said bank or depositary, or person, or firm, or
corporation, for the payment of such check, draft, or order and all
other checks, drafts, or orders upon such funds then outstanding, in
full upon its presentation, although no express representation is
made with reference thereto, is punishable by imprisonment in the
county jail for not more than one year, or in the state prison.
(b) However, if the total amount of all such checks, drafts, or
orders that the defendant is charged with and convicted of making,
drawing, or uttering does not exceed two hundred dollars ($200), the
offense is punishable only by imprisonment in the county jail for not
more than one year, except that this subdivision shall not be
applicable if the defendant has previously been convicted of a
violation of Section 470, 475, or 476, or of this section, or of the
crime of petty theft in a case in which defendant's offense was a
violation also of Section 470, 475, or 476 or of this section or if
the defendant has previously been convicted of any offense under the
laws of any other state or of the United States which, if committed
in this state, would have been punishable as a violation of Section
470, 475 or 476 or of this section or if he has been so convicted of
the crime of petty theft in a case in which, if defendant's offense
had been committed in this state, it would have been a violation also
of Section 470, 475, or 476, or of this section.
(c) Where such check, draft, or order is protested, on the ground
of insufficiency of funds or credit, the notice of protest thereof
shall be admissible as proof of presentation, nonpayment and protest
and shall be presumptive evidence of knowledge of insufficiency of
funds or credit with such bank or depositary, or person, or firm, or
corporation.
(d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if:
(1) At the time of the acceptance of such check, draft or order
from the drawer by the payee there is obtained from the drawer the
following information: name and residence of the drawer, business or
mailing address, either a valid driver's license number or
Department of Motor Vehicles identification card number, and the
drawer's home or work phone number or place of employment. Such
information may be recorded on the check, draft, or order itself or
may be retained on file by the payee and referred to on the check,
draft, or order by identifying number or other similar means; and
(2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
(e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or person
or firm or corporation for the payment of such check, draft or order.

(f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
(g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
The amount of the fee shall not exceed twenty-five dollars ($25)
for each bad check in addition to the amount of any bank charges
incurred by the victim as a result of the alleged offense. If the
sheriff's department, police department, or other law enforcement
agency collects any fee for bank charges incurred by the victim
pursuant to this section, that fee shall be paid to the victim for
any bank fees the victim may have been assessed. In no event shall
reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.



477. Every person who counterfeits any of the species of gold or
silver coin current in this State, or any kind or species of gold
dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or
who sells, passes, or gives in payment such counterfeit coin, dust,
bullion, bars, lumps, pieces, or nuggets, or permits, causes, or
procures the same to be sold, uttered, or passed, with intention to
defraud any person, knowing the same to be counterfeited, is guilty
of counterfeiting.



478. Counterfeiting is punishable by imprisonment in the state
prison for two, three or four years.



479. Every person who has in his possession, or receives for any
other person, any counterfeit gold or silver coin of the species
current in this state, or any counterfeit gold dust, gold or silver
bullion or bars, lumps, pieces or nuggets, with the intention to
sell, utter, put off or pass the same, or permits, causes or procures
the same to be sold, uttered or passed, with intention to defraud
any person, knowing the same to be counterfeit, is punishable by
imprisonment in the state prison for two, three or four years.



480. (a) Every person who makes, or knowingly has in his or her
possession any die, plate, or any apparatus, paper, metal, machine,
or other thing whatever, made use of in counterfeiting coin current
in this state, or in counterfeiting gold dust, gold or silver bars,
bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes
or bills, is punishable by imprisonment in the state prison for two,
three, or four years; and all dies, plates, apparatus, papers,
metals, or machines intended for the purpose aforesaid, must be
destroyed.
(b) (1) If the counterfeiting apparatus or machine used to violate
this section is a computer, computer system, or computer network,
the apparatus or machine shall be disposed of pursuant to Section
502.01.
(2) For the purposes of this section, "computer system" and
"computer network" have the same meaning as that specified in Section
502. The terms "computer, computer system, or computer network"
include any software or data residing on the computer, computer
system, or computer network used in a violation of this section.



481. Every person who counterfeits, forges, or alters any ticket,
check, order, coupon, receipt for fare, or pass, issued by any
railroad or steamship company, or by any lessee or manager thereof,
designed to entitle the holder to ride in the cars or vessels of such
company, or who utters, publishes, or puts into circulation, any
such counterfeit or altered ticket, check, or order, coupon, receipt
for fare, or pass, with intent to defraud any such railroad or
steamship company, or any lessee thereof, or any other person, is
punishable by imprisonment in the state prison, or in the county
jail, not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such imprisonment and fine.



481.1. (a) Every person who counterfeits, forges, or alters any
fare media designed to entitle the holder to a ride on vehicles of a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or on vehicles operated by entities subsidized
by the Department of Transportation is punishable by imprisonment in
a county jail, not exceeding one year, or in the state prison.
(b) Every person who knowingly possesses any counterfeit, forged,
or altered fare media designed to entitle the holder to a ride on
vehicles of a public transportation system, as defined by Section
99211 of the Public Utilities Code, or on vehicles operated by
entities subsidized by the Department of Transportation, or who
utters, publishes, or puts into circulation any fare media with
intent to defraud 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.



482. Every person who, for the purpose of restoring to its original
appearance and nominal value in whole or in part, removes, conceals,
fills up, or obliterates, the cuts, marks, punch-holes, or other
evidence of cancellation, from any ticket, check, order, coupon,
receipt for fare, or pass, issued by any railroad or steamship
company, or any lessee or manager thereof, canceled in whole or in
part, with intent to dispose of by sale or gift, or to circulate the
same, or with intent to defraud the railroad or steamship company, or
lessee thereof, or any other person, or who, with like intent to
defraud, offers for sale, or in payment of fare on the railroad or
vessel of the company, such ticket, check, order, coupon, or pass,
knowing the same to have been so restored, in whole or in part, is
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars, or by both
such imprisonment and fine.



483. Except as otherwise provided in Section 26002.5 of the
Government Code and Sections 40180.5 and 99151 of the Public
Utilities Code, any person, firm, corporation, partnership, or
association that shall sell to another any ticket, pass, scrip,
mileage or commutation book, coupon, or other instrument for passage
on a common carrier, for the use of any person not entitled to use
the same according to the terms thereof, or of the book or portion
thereof from which it was detached, shall be guilty of a misdemeanor.



483.5. (a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to be transported, or imported or
offered to be imported into this state unless there is diagonally
across the face of the document, in not less than 14-point type and
printed conspicuously on the document in permanent ink, the following
statement:
NOT A GOVERNMENT DOCUMENT

and, also printed conspicuously on the document, the name of the
manufacturer.
(b) No document-making device may be possessed with the intent
that the device will be used to manufacture, alter, or authenticate a
deceptive identification document.
(c) As used in this section, "deceptive identification document"
means any document not issued by a governmental agency of this state,
another state, the federal government, a foreign government, a
political subdivision of a foreign government, an international
government, or an international quasi-governmental organization,
which purports to be, or which might deceive an ordinary reasonable
person into believing that it is, a document issued by such an
agency, including, but not limited to, a driver's license,
identification card, birth certificate, passport, or social security
card.
(d) As used in this section, "document-making device" includes,
but is not limited to, an implement, tool, equipment, impression,
laminate, card, template, computer file, computer disk, electronic
device, hologram, laminate machine or computer hardware or software.

(e) Any person who violates or proposes to violate this section
may be enjoined by any court of competent jurisdiction. Actions for
injunction under this section may be prosecuted by the Attorney
General, any district attorney, or any city attorney prosecuting on
behalf of the people of the State of California under Section 41803.5
of the Government Code in this state in the name of the people of
the State of California upon their own complaint or upon the
complaint of any person.
(f) Any person who violates the provisions of subdivision (a) who
knows or reasonably should know that the deceptive identification
document will be used for fraudulent purposes is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
the county jail not to exceed one year, or by imprisonment in the
state prison. Any person who violates the provisions of subdivision
(b) is guilty of a misdemeanor 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 imprisonment and a fine. Any
document-making device may be seized by law enforcement and shall be
forfeited to law enforcement or destroyed by order of the court upon
a finding that the device was intended to be used to manufacture,
alter, or authenticate a deceptive identification document. The court
may make such a finding in the absence of a defendant for whom a
bench warrant has been issued by the court.

[هيثم الفقى]

484. (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently appropriate property which has been entrusted to him or
her, or who shall knowingly and designedly, by any false or
fraudulent representation or pretense, defraud any other person of
money, labor or real or personal property, or who causes or procures
others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft. In
determining the value of the property obtained, for the purposes of
this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price
shall be the test. If there be no contract price, the reasonable
and going wage for the service rendered shall govern. For the
purposes of this section, any false or fraudulent representation or
pretense made shall be treated as continuing, so as to cover any
money, property or service received as a result thereof, and the
complaint, information or indictment may charge that the crime was
committed on any date during the particular period in question. The
hiring of any additional employee or employees without advising each
of them of every labor claim due and unpaid and every judgment that
the employer has been unable to meet shall be prima facie evidence of
intent to defraud.
(b) (1) Except as provided in Section 10855 of the Vehicle Code,
where a person has leased or rented the personal property of another
person pursuant to a written contract, and that property has a value
greater than one thousand dollars ($1,000) and is not a commonly used
household item, intent to commit theft by fraud shall be rebuttably
presumed if the person fails to return the personal property to its
owner within 10 days after the owner has made written demand by
certified or registered mail following the expiration of the lease or
rental agreement for return of the property so leased or rented.
(2) Except as provided in Section 10855 of the Vehicle Code, where
a person has leased or rented the personal property of another
person pursuant to a written contract, and where the property has a
value no greater than one thousand dollars ($1,000), or where the
property is a commonly used household item, intent to commit theft by
fraud shall be rebuttably presumed if the person fails to return the
personal property to its owner within 20 days after the owner has
made written demand by certified or registered mail following the
expiration of the lease or rental agreement for return of the
property so leased or rented.
(c) Notwithstanding the provisions of subdivision (b), if one
presents with criminal intent identification which bears a false or
fictitious name or address for the purpose of obtaining the lease or
rental of the personal property of another, the presumption created
herein shall apply upon the failure of the lessee to return the
rental property at the expiration of the lease or rental agreement,
and no written demand for the return of the leased or rented property
shall be required.
(d) The presumptions created by subdivisions (b) and (c) are
presumptions affecting the burden of producing evidence.
(e) Within 30 days after the lease or rental agreement has
expired, the owner shall make written demand for return of the
property so leased or rented. Notice addressed and mailed to the
lessee or renter at the address given at the time of the making of
the lease or rental agreement and to any other known address shall
constitute proper demand. Where the owner fails to make such written
demand the presumption created by subdivision (b) shall not apply.



484.1. (a) Any person who knowingly gives false information or
provides false verification as to the person's true identity or as to
the person's ownership interest in property or the person's
authority to sell property in order to receive money or other
valuable consideration from a pawnbroker or secondhand dealer and who
receives money or other valuable consideration from the pawnbroker
or secondhand dealer is guilty of theft.
(b) Upon conviction of the offense described in subdivision (a),
the court may require, in addition to any sentence or fine imposed,
that the defendant make restitution to the pawnbroker or secondhand
dealer in an amount not exceeding the actual losses sustained
pursuant to the provisions of subdivision (c) of Section 13967 of the
Government Code, as operative on or before September 28, 1994, if
the defendant is denied probation, or Section 1203.04, as operative
on or before August 2, 1995, if the defendant is granted probation or
Section 1202.4.
(c) Upon the setting of a court hearing date for sentencing of any
person convicted under this section, the probation officer, if one
is assigned, shall notify the pawnbroker or secondhand dealer or coin
dealer of the time and place of the hearing.



484b. Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment and willfully
fails to apply such money for such purpose by either willfully
failing to complete the improvements for which funds were provided or
willfully failing to pay for services, labor, materials or equipment
provided incident to such construction, and wrongfully diverts the
funds to a use other than that for which the funds were received,
shall be guilty of a public offense and shall be punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by both such fine and such imprisonment if the amount diverted is
in excess of one thousand dollars ($1,000). If the amount diverted
is less than one thousand dollars ($1,000), the person shall be
guilty of a misdemeanor.



484c. Any person who submits a false voucher to obtain construction
loan funds and does not use the funds for the purpose for which the
claim was submitted is guilty of embezzlement.



484d. As used in this section and Sections 484e to 484j, inclusive:

(1) "Cardholder" means any person to whom an access card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of an access card to another person.
(2) "Access card" means any card, plate, code, account number, or
other means of account access that can be used, alone or in
conjunction with another access card, to obtain money, goods,
services, or any other thing of value, or that can be used to
initiate a transfer of funds, other than a transfer originated solely
by a paper instrument.
(3) "Expired access card" means an access card which shows on its
face it has elapsed.
(4) "Card issuer" means any person who issues an access card or
the agent of that person with respect to that card.
(5) "Retailer" means every person who is authorized by an issuer
to furnish money, goods, services, or anything else of value upon
presentation of an access card by a cardholder.
(6) An access card is "incomplete" if part of the matter other
than the signature of the cardholder which an issuer requires to
appear on the access card before it can be used by a cardholder has
not been stamped, embossed, imprinted, or written on it.
(7) "Revoked access card" means an access card which is no longer
authorized for use by the issuer, that authorization having been
suspended or terminated and written notice thereof having been given
to the cardholder.
(8) "Counterfeit access card" means any access card that is
counterfeit, fictitious, altered, or forged, or any false
representation or depiction of an access card or a component thereof.

(9) "Traffic" means to transfer or otherwise dispose of property
to another, or to obtain control of property with intent to transfer
or dispose of it to another.
(10) "Card making equipment" means any equipment, machine, plate,
mechanism, impression, or other device designed, used, or intended to
be used to produce an access card.



484e. (a) Every person who, with intent to defraud, sells,
transfers, or conveys, an access card, without the cardholder's or
issuer's consent, is guilty of grand theft.
(b) Every person, other than the issuer, who within any
consecutive 12-month period, acquires access cards issued in the
names of four or more persons which he or she has reason to know were
taken or retained under circumstances which constitute a violation
of subdivision (a), (c), or (d) is guilty of grand theft.
(c) Every person who, with the intent to defraud, acquires or
retains possession of an access card without the cardholder's or
issuer's consent, with intent to use, sell, or transfer it to a
person other than the cardholder or issuer is guilty of petty theft.

(d) Every person who acquires or retains possession of access card
account information with respect to an access card validly issued to
another person, without the cardholder's or issuer's consent, with
the intent to use it fraudulently, is guilty of grand theft.



484f. (a) Every person who, with the intent to defraud, designs,
makes, alters, or embosses a counterfeit access card or utters or
otherwise attempts to use a counterfeit access card is guilty of
forgery.
(b) A person other than the cardholder or a person authorized by
him or her who, with the intent to defraud, signs the name of another
or of a fictitious person to an access card, sales slip, sales
draft, or instrument for the payment of money which evidences an
access card transaction, is guilty of forgery.



484g. Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access card or access card account information that has
been altered, obtained, or retained in violation of Section 484e or
484f, or an access card which he or she knows is forged, expired, or
revoked, or (b) obtains money, goods, services, or anything else of
value by representing without the consent of the cardholder that he
or she is the holder of an access card and the card has not in fact
been issued, is guilty of theft. If the value of all money, goods,
services, and other things of value obtained in violation of this
section exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.




484h. Every retailer or other person who, with intent to defraud:
(a) Furnishes money, goods, services or anything else of value
upon presentation of an access card obtained or retained in violation
of Section 484e or an access card which he or she knows is a
counterfeit access card or is forged, expired, or revoked, and who
receives any payment therefor, is guilty of theft. If the payment
received by the retailer or other person for all money, goods,
services, and other things of value furnished in violation of this
section exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.
(b) Presents for payment a sales slip or other evidence of an
access card transaction, and receives payment therefor, without
furnishing in the transaction money, goods, services, or anything
else of value that is equal in value to the amount of the sales slip
or other evidence of an access card transaction, is guilty of theft.
If the difference between the value of all money, goods, services,
and anything else of value actually furnished and the payment or
payments received by the retailer or other person therefor upon
presentation of a sales slip or other evidence of an access card
transaction exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.




484i. (a) Every person who possesses an incomplete access card,
with intent to complete it without the consent of the issuer, is
guilty of a misdemeanor.
(b) Every person who, with the intent to defraud, makes, alters,
varies, changes, or modifies access card account information on any
part of an access card, including information encoded in a magnetic
stripe or other medium on the access card not directly readable by
the human eye, or who authorizes or consents to alteration, variance,
change, or modification of access card account information by
another, in a manner that causes transactions initiated by that
access card to be charged or billed to a person other than the
cardholder to whom the access card was issued, is guilty of forgery.

(c) Every person who designs, makes, possesses, or traffics in
card making equipment or incomplete access cards with the intent that
the equipment or cards be used to make counterfeit access cards, is
punishable by imprisonment in a county jail for not more than one
year, or by imprisonment in the state prison.



484j. Any person who publishes the number or code of an existing,
canceled, revoked, expired or nonexistent access card, personal
identification number, computer password, access code, debit card
number, bank account number, or the numbering or coding which is
employed in the issuance of access cards, with the intent that it be
used or with knowledge or reason to believe that it will be used to
avoid the payment of any lawful charge, or with intent to defraud or
aid another in defrauding, is guilty of a misdemeanor. As used in
this section, "publishes" means the communication of information to
any one or more persons, either orally, in person or by telephone,
radio or television, or on a computer network or computer bulletin
board, or in a writing of any kind, including without limitation a
letter or memorandum, circular or handbill, newspaper or magazine
article, or book.



485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.



486. Theft is divided into two degrees, the first of which is
termed grand theft; the second, petty theft.



487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400), except as provided
in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding one hundred dollars ($100).
(B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars
($100), that value may be shown by the presentation of credible
evidence which establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded one hundred
dollars ($100) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding one
hundred dollars ($100).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates four hundred dollars ($400) or more in any 12
consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997.



487a. (a) Every person who shall feloniously steal, take, transport
or carry the carcass of any bovine, caprine, equine, ovine, or suine
animal or of any mule, jack or jenny, which is the personal property
of another, or who shall fraudulently appropriate such property
which has been entrusted to him, is guilty of grand theft.
(b) Every person who shall feloniously steal, take, transport, or
carry any portion of the carcass of any bovine, caprine, equine,
ovine, or suine animal or of any mule, jack, or jenny, which has been
killed without the consent of the owner thereof, is guilty of grand
theft.


487b. Every person who converts real estate of the value of one
hundred dollars ($100) or more into personal property by severance
from the realty of another, and with felonious intent to do so,
steals, takes, and carries away such property is guilty of grand
theft and is punishable by imprisonment in the state prison.




487c. Every person who converts real estate of the value of less
than one hundred dollars ($100) into personal property by severance
from the realty of another, and with felonious intent to do so
steals, takes, and carries away such property is guilty of petty
theft and is punishable by imprisonment in the county jail for not
more than one year, or by a fine not exceeding one thousand dollars
($1,000), or by both such fine and imprisonment.



487d. Every person who feloniously steals, takes, and carries away,
or attempts to take, steal, and carry from any mining claim, tunnel,
sluice, undercurrent, riffle box, or sulfurate machine, another's
gold dust, amalgam, or quicksilver is guilty of grand theft and is
punishable by imprisonment in the state prison.


487e. Every person who feloniously steals, takes, or carries away a
dog of another which is of a value exceeding four hundred dollars
($400) is guilty of grand theft.



487f. Every person who feloniously steals, takes, or carries away a
dog of another which is of a value not exceeding four hundred
dollars ($400) is guilty of petty theft.



487g. Every person who steals or maliciously takes or carries away
any animal of another for purposes of sale, medical research,
slaughter, or other commercial use, or who knowingly, by any false
representation or pretense, defrauds another person of any animal for
purposes of sale, medical research, slaughter, or other commercial
use is guilty of a public offense punishable by imprisonment in a
county jail not exceeding one year or in the state prison.



487h. (a) Every person who steals, takes, or carries away cargo of
another, when the cargo taken is of a value exceeding four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
(b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.

(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



488. Theft in other cases is petty theft.



489. Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.



490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.


490a. Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute
shall hereafter be read and interpreted as if the word "theft" were
substituted therefor.


490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.
A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).



490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a library facility, a person shall be
punished by a mandatory fine of not less than fifty dollars ($50) and
not more than one thousand dollars ($1,000) for each such violation;
and may also be punished by imprisonment in the county jail, not
exceeding six months, or both such fine and imprisonment.
(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs. In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be
had in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.
The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to
pursue other civil remedies, except that the provisions of Section
1714.1 of the Civil Code shall not apply herein.
(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person
may be required to perform public services designated by the court,
provided that in no event shall any such person be required to
perform less than the number of hours of such public service
necessary to satisfy the fine assessed by the court as provided by
subdivision (a) at the minimum wage prevailing in the state at the
time of sentencing.
(e) All fines collected under this section shall be collected and
distributed in accordance with Sections 1463 and 1463.1 of the Penal
Code; provided, however, that a county may, by a majority vote of the
members of its board of supervisors, allocate any amount up to, but
not exceeding 50 percent of such fines to the county superintendent
of schools for allocation to local school districts. The fines
allocated shall be administered by the county superintendent of
schools to finance public school programs, which provide counseling
or other educational services designed to discourage shoplifting,
theft, and burglary. Subject to rules and regulations as may be
adopted by the Superintendent of Public Instruction, each county
superintendent of schools shall allocate such funds to school
districts within the county which submit project applications
designed to further the educational purposes of this section. The
costs of administration of this section by each county superintendent
of schools shall be paid from the funds allocated to the county
superintendent of schools.
(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.
A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner
whenever the theater owner has probable cause to believe the person
to be detained is attempting to operate a video recording device
within the premises of a motion picture theater without the authority
of the owner of the theater.
A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility
has probable cause to believe the person to be detained is attempting
to unlawfully remove or has unlawfully removed books or library
materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
intangible property.
(3) During the period of detention any items which a merchant or
theater owner, or any items which a person employed by a library
facility has probable cause to believe are unlawfully taken from the
premises of the merchant or library facility, or recorded on theater
premises, and which are in plain view may be examined by the
merchant, theater owner, or person employed by a library facility for
the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library
facility, or an agent thereof, having probable cause to believe the
person detained was attempting to unlawfully take or has taken any
item from the premises, or was attempting to operate a video
recording device within the premises of a motion picture theater
without the authority of the owner of the theater, may request the
person detained to voluntarily surrender the item or recording.
Should the person detained refuse to surrender the recording or item
of which there is probable cause to believe has been recorded on or
unlawfully taken from the premises, or attempted to be recorded or
unlawfully taken from the premises, a limited and reasonable search
may be conducted by those authorized to make the detention in order
to recover the item. Only packages, shopping bags, handbags or other
property in the immediate possession of the person detained, but not
including any clothing worn by the person, may be searched pursuant
to this subdivision. Upon surrender or discovery of the item, the
person detained may also be requested, but may not be required, to
provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture
is to be or is being exhibited, refuses or fails to give or surrender
possession or to cease operation of any video recording device that
the person has brought into or attempts to bring into that theater,
then a theater owner shall have the right to refuse admission to that
person or request that the person leave the premises and shall
thereupon offer to refund and, unless that offer is refused, refund
to that person the price paid by that person for admission to that
theater. If the person thereafter refuses to leave the theater or
cease operation of the video recording device, then the person shall
be deemed to be intentionally interfering with and obstructing those
attempting to carry on a lawful business within the meaning of
Section 602.1.
(6) A peace officer who accepts custody of a person arrested for
an offense contained in this section may, subsequent to the arrest,
search the person arrested and his or her immediate possessions for
any item or items alleged to have been taken.
(7) In any civil action brought by any person resulting from a
detention or arrest by a merchant, it shall be a defense to such
action that the merchant detaining or arresting such person had
probable cause to believe that the person had stolen or attempted to
steal merchandise and that the merchant acted reasonably under all
the circumstances.
In any civil action brought by any person resulting from a
detention or arrest by a theater owner or person employed by a
library facility, it shall be a defense to that action that the
theater owner or person employed by a library facility detaining or
arresting that person had probable cause to believe that the person
was attempting to operate a video recording device within the
premises of a motion picture theater without the authority of the
owner of the theater or had stolen or attempted to steal books or
library materials and that the person employed by a library facility
acted reasonably under all the circumstances.
(g) As used in this section:
(1) "Merchandise" means any personal property, capable of manual
delivery, displayed, held or offered for retail sale by a merchant.
(2) "Merchant" means an owner or operator, and the agent,
consignee, employee, lessee, or officer of an owner or operator, of
any premises used for the retail purchase or sale of any personal
property capable of manual delivery.
(3) "Theater owner" means an owner or operator, and the agent,
employee, consignee, lessee, or officer of an owner or operator, of
any premises used for the exhibition or performance of motion
pictures to the general public.
(4) The terms "book or other library materials" include any book,
plate, picture, photograph, engraving, painting, drawing, map,
newspaper, magazine, pamphlet, broadside, manuscript, document,
letter, public record, microform, sound recording, audiovisual
material in any format, magnetic or other tape, electronic
data-processing record, artifact, or other documentary, written or
printed material regardless of physical form or characteristics, or
any part thereof, belonging to, on loan to, or otherwise in the
custody of a library facility.
(5) The term "library facility" includes any public library; any
library of an educational, historical or eleemosynary institution,
organization or society; any museum; any repository of public
records.
(h) Any library facility shall post at its entrance and exit a
conspicuous sign to read as follows:

"IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS,
STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY
PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT"
(PENAL CODE SECTION 490.5)."



490.6. (a) A person employed by an amusement park may detain a
person for a reasonable time for the purpose of conducting an
investigation in a reasonable manner whenever the person employed by
the amusement park has probable cause to believe the person to be
detained is violating lawful amusement park rules.
(b) If any person admitted to an amusement park refuses or fails
to follow lawful amusement park rules, after being so informed, then
an amusement park employee may request that the person either comply
or leave the premises. If the person refuses to leave the premises
or comply with lawful park rules, then the person shall be deemed to
be intentionally interfering with and obstructing those attempting to
carry on a lawful business within the meaning of Section 602.1.
(c) In any civil action brought by any person resulting from a
detention or an arrest by a person employed by an amusement park, it
shall be a defense to that action that the amusement park employee
detaining or arresting the person had probable cause to believe that
the person was not following lawful amusement park rules and that the
amusement park employee acted reasonably under all the
circumstances.



490.7. (a) The Legislature finds that free newspapers provide a key
source of information to the public, in many cases providing an
important alternative to the news and ideas expressed in other local
media sources. The Legislature further finds that the unauthorized
taking of multiple copies of free newspapers, whether done to sell
them to recycling centers, to injure a business competitor, to
deprive others of the opportunity to read them, or for any other
reason, injures the rights of readers, writers, publishers, and
advertisers, and impoverishes the marketplace of ideas in California.

(b) No person shall take more than twenty-five (25) copies of the
current issue of a free or complimentary newspaper if done with the
intent to do one or more of the following:
(1) Recycle the newspapers for cash or other payment.
(2) Sell or barter the newspaper.
(3) Deprive others of the opportunity to read or enjoy the
newspaper.
(4) Harm a business competitor.
(c) This section does not apply to the owner or operator of the
newsrack in which the copies are placed, the owner or operator of the
property on which the newsrack is placed, the publisher, the
printer, the distributor, the deliverer of the newspaper, or to any
advertiser in that issue, or to any other person who has the express
permission to do so from any of these entities.
(d) Any newspaper publisher may provide express permission to take
more than twenty-five (25) copies of the current issue of a free or
complimentary newspaper by indicating on the newsrack or in the
newspaper itself, that people may take a greater number of copies if
they wish.
(e) A first violation of subdivision (b) shall be an infraction
punishable by a fine not exceeding two hundred fifty dollars ($250).
A second or subsequent violation shall be punishable as an infraction
or a misdemeanor. A misdemeanor conviction under this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment of up to 10 days in a county jail, or by both that fine
and imprisonment. The court may order community service in lieu of
the punishment otherwise provided for an infraction or misdemeanor in
the amount of 20 hours for an infraction, and 40 hours for a
misdemeanor. A misdemeanor conviction under this section shall not
constitute a conviction for petty theft.
(f) This section shall not be construed to repeal, modify, or
weaken any existing legal prohibitions against the taking of private
property.
(g) For purposes of this section, an issue is current if no more
than half of the period of time until the distribution of the next
issue has passed.



491. Dogs are personal property, and their value is to be
ascertained in the same manner as the value of other property.



492. If the thing stolen consists of any evidence of debt, or other
written instrument, the amount of money due thereupon, or secured to
be paid thereby, and remaining unsatisfied, or which in any
contingency might be collected thereon, or the value of the property
the title to which is shown thereby, or the sum which might be
recovered in the absence thereof, is the value of the thing stolen.



493. If the thing stolen is any ticket or other paper or writing
entitling or purporting to entitle the holder or proprietor thereof
to a passage upon any railroad or vessel or other public conveyance,
the price at which tickets entitling a person to a like passage are
usually sold by the proprietors of such conveyance is the value of
such ticket, paper, or writing.



494. All the provisions of this Chapter apply where the property
taken is an instrument for the payment of money, evidence of debt,
public security, or passage ticket, completed and ready to be issued
or delivered, although the same has never been issued or delivered by
the makers thereof to any person as a purchaser or owner.




495. The provisions of this Chapter apply where the thing taken is
any fixture or part of the realty, and is severed at the time of the
taking, in the same manner as if the thing had been severed by
another person at some previous time.


496. (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting
theft or extortion, knowing the property to be so stolen or obtained,
or who conceals, sells, withholds, or aids in concealing, selling,
or withholding any property from the owner, knowing the property to
be so stolen or obtained, shall be punished by imprisonment in a
state prison, or in a county jail for not more than one year.
However, if the district attorney or the grand jury determines that
this action would be in the interests of justice, the district
attorney or the grand jury, as the case may be, may, if the value of
the property does not exceed four hundred dollars ($400), specify in
the accusatory pleading that the offense shall be a misdemeanor,
punishable only by imprisonment in a county jail not exceeding one
year.
A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted both
pursuant to this section and of the theft of the same property.
(b) Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value in excess of
four hundred dollars ($400) that has been stolen or obtained in any
manner constituting theft or extortion, under circumstances that
should cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be punished by
imprisonment in a state prison, or in a county jail for not more
than one year.
Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value of four hundred
dollars ($400) or less that has been stolen or obtained in any manner
constituting theft or extortion, under circumstances that should
cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of a
misdemeanor.
(c) Any person who has been injured by a violation of subdivision
(a) or (b) may bring an action for three times the amount of actual
damages, if any, sustained by the plaintiff, costs of suit, and
reasonable attorney's fees.
(d) Notwithstanding Section 664, any attempt to commit any act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment
in the state prison, or in a county jail for not more than one year.



496a. (a) Every person who, being a dealer in or collector of junk,
metals or secondhand materials, or the agent, employee, or
representative of such dealer or collector, buys or receives any
wire, cable, copper, lead, solder, mercury, iron or brass which he
knows or reasonably should know is ordinarily used by or ordinarily
belongs to a railroad or other transportation, telephone, telegraph,
gas, water or electric light company or county, city, city and county
or other political subdivision of this state engaged in furnishing
public utility service without using due diligence to ascertain that
the person selling or delivering the same has a legal right to do so,
is guilty of criminally receiving such property, and is punishable,
by imprisonment in a state prison, or in a county jail for not more
than one year, or by a fine of not more than two hundred fifty
dollars ($250), or by both such fine and imprisonment.
(b) Any person buying or receiving material pursuant to
subdivision (a) shall obtain evidence of his identity from the seller
including, but not limited to, such person's full name, signature,
address, driver's license number, vehicle license number, and the
license number of the vehicle delivering the material.
The record of the transaction shall include an appropriate
description of the material purchased and such record shall be
maintained pursuant to Section 21607 of the Business and Professions
Code.



496b. Every person who, being a dealer in or collector of
second-hand books or other literary material, or the agent, employee
or representative of such dealer, or collector, buys or receives any
book, manuscript, map, chart, or other work of literature, belonging
to, and bearing any mark or indicia of ownership by a public or
incorporated library, college or university, without ascertaining by
diligent inquiry that the person selling or delivering the same has a
legal right to do so, is guilty of criminally receiving such
property in the first degree if such property be of the value of more
than fifty dollars, and is punishable by imprisonment in the county
jail for not more than one year, or by a fine of not more than twice
the value of the property received, or by both such fine and
imprisonment; and is guilty of criminally receiving such property in
the second degree if such property be of the value of fifty dollars
or under, and is punishable by imprisonment in the county jail for
not more than one month, or by a fine of not more than twice the
value of the property received, or by both such fine and
imprisonment.



496c. Any person who shall copy, transcribe, photograph or
otherwise make a record or memorandum of the contents of any private
and unpublished paper, book, record, map or file, containing
information relating to the title to real property or containing
information used in the business of examining, certifying or insuring
titles to real property and belonging to any person, firm or
corporation engaged in the business of examining, certifying, or
insuring titles to real property, without the consent of the owner of
such paper, book, record, map or file, and with the intent to use
the same or the contents thereof, or to dispose of the same or the
contents thereof to others for use, in the business of examining,
certifying, or insuring titles to real property, shall be guilty of
theft, and any person who shall induce another to violate the
provisions of this section by giving, offering, or promising to such
another any gift, gratuity, or thing of value or by doing or
promising to do any act beneficial to such another, shall be guilty
of theft; and any person who shall receive or acquire from another
any copy, transcription, photograph or other record or memorandum of
the contents of any private and unpublished paper, book, record, map
or file containing information relating to the title to real property
or containing information used in the business of examining,
certifying or insuring titles to real property, with the knowledge
that the same or the contents thereof has or have been acquired,
prepared or compiled in violation of this section shall be guilty of
theft. The contents of any such private and unpublished paper, book,
record, map or file is hereby defined to be personal property, and
in determining the value thereof for the purposes of this section the
cost of aquiring and compiling the same shall be the test.




496d. (a) Every person who buys or receives any 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,
that has been stolen or that has been obtained in any manner
constituting theft or extortion, knowing the property to be stolen or
obtained, or who conceals, sells, withholds, or aids in concealing,
selling, or withholding any motor vehicle, trailer, special
construction equipment, or vessel from the owner, knowing the
property to be so stolen or obtained, shall be punished by
imprisonment in the state prison for 16 months or two or three years
or a fine of not more than ten thousand dollars ($10,000), or both,
or by imprisonment in a county jail not to exceed one year or a fine
of not more than one thousand dollars ($1,000), or both.
(b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.


496e. Any person who buys or receives, for purposes of salvage, any
part of a fire hydrant or fire department connection, including, but
not limited to, bronze or brass fittings and parts, that has been
stolen or obtained in any manner constituting theft or extortion,
knowing the property to be so stolen or obtained, shall, in addition
to any other penalty provided by law, be subject to a criminal fine
of not more than three thousand dollars ($3,000).



497. Every person who, in another state or country steals or
embezzles the property of another, or receives such property knowing
it to have been stolen or embezzled, and brings the same into this
state, may be convicted and punished in the same manner as if such
larceny, or embezzlement, or receiving, had been committed in this
state.



498. (a) The following definitions govern the construction of this
section:
(1) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
(2) "Utility" means any electrical, gas, or water corporation as
those terms are defined in the Public Utilities Code, and electrical,
gas, or water systems operated by any political subdivision.
(3) "Customer" means the person in whose name utility service is
provided.
(4) "Utility service" means the provision of electricity, gas,
water, or any other service provided by the utility for compensation.

(5) "Divert" means to change the intended course or path of
electricity, gas, or water without the authorization or consent of
the utility.
(6) "Tamper" means to rearrange, injure, alter, interfere with, or
otherwise prevent from performing a normal or customary function.
(7) "Reconnection" means the reconnection of utility service by a
customer or other person after service has been lawfully disconnected
by the utility.
(b) Any person who, with intent to obtain for himself or herself
utility services without paying the full lawful charge therefor, or
with intent to enable another person to do so, or with intent to
deprive any utility of any part of the full lawful charge for utility
services it provides, commits, authorizes, solicits, aids, or abets
any of the following shall be guilty of a misdemeanor:
(1) Diverts or causes to be diverted utility services, by any
means whatsoever.
(2) Prevents any utility meter, or other device used in
determining the charge for utility services, from accurately
performing its measuring function by tampering or by any other means.

(3) Tampers with any property owned by or used by the utility to
provide utility services.
(4) Makes or causes to be made any connection with or reconnection
with property owned or used by the utility to provide utility
services without the authorization or consent of the utility.
(5) Uses or receives the direct benefit of all or a portion of
utility services with knowledge or reason to believe that the
diversion, tampering, or unauthorized connection existed at the time
of that use, or that the use or receipt was otherwise without the
authorization or consent of the utility.
(c) In any prosecution under this section, the presence of any of
the following objects, circumstances, or conditions on premises
controlled by the customer or by the person using or receiving the
direct benefit of all or a portion of utility services obtained in
violation of this section shall permit an inference that the customer
or person intended to and did violate this section:
(1) Any instrument, apparatus, or device primarily designed to be
used to obtain utility services without paying the full lawful charge
therefor.
(2) Any meter that has been altered, tampered with, or bypassed so
as to cause no measurement or inaccurate measurement of utility
services.
(d) If the value of all utility services obtained in violation of
this section totals more than four hundred dollars ($400) or if the
defendant has previously been convicted of an offense under this
section or any former section which would be an offense under this
section, or of an offense under the laws of another state or of the
United States which would have been an offense under this section if
committed in this state, then the violation is punishable by
imprisonment in the county jail for not more than one year, or in the
state prison.
(e) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state.


499. (a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d)
of Section 487, involving a vehicle or vessel, and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for the offense, is subsequently
convicted of a violation of Section 499b, involving a vehicle or
vessel, is punishable for the subsequent offense by imprisonment in
the county jail not exceeding one year or the state prison for 16
months, two, or three years.
(b) Any person convicted of a violation of Section 499b, who has
been previously convicted under charges separately brought and tried
two or more times of a violation of Section 499b, all such violations
involving a vehicle or vessel, and who has been imprisoned therefore
as a condition of probation or otherwise at least once, is
punishable by imprisonment in the county jail for not more than one
year or in the state prison for 16 months, two, or three years.
(c) This section shall become operative on January 1, 1997.



499b. (a) Any person who shall, without the permission of the owner
thereof, take any bicycle for the purpose of temporarily using or
operating the same, is guilty of a misdemeanor, and shall be
punishable by a fine not exceeding four hundred dollars ($400), or by
imprisonment in a county jail not exceeding three months, or by both
that fine and imprisonment.
(b) Any person who shall, without the permission of the owner
thereof, take any vessel for the purpose of temporarily using or
operating the same, is guilty of a misdemeanor, and shall be
punishable by a fine not exceeding one thousand dollars ($1,000), or
by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.



499c. (a) As used in this section:
(1) "Access" means to approach, a way or means of approaching,
nearing, admittance to, including to instruct, communicate with,
store information in, or retrieve information from a computer system
or computer network.
(2) "Article" means any object, material, device, or substance or
copy thereof, including any writing, record, recording, drawing,
sample, specimen, prototype, model, photograph, micro-organism,
blueprint, map, or tangible representation of a computer program or
information, including both human and computer readable information
and information while in transit.
(3) "Benefit" means gain or advantage, or anything regarded by the
beneficiary as gain or advantage, including benefit to any other
person or entity in whose welfare he or she is interested.
(4) "Computer system" means a machine or collection of machines,
one or more of which contain computer programs and information, that
performs functions, including, but not limited to, logic, arithmetic,
information storage and retrieval, communications, and control.
(5) "Computer network" means an interconnection of two or more
computer systems.
(6) "Computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed
in actual or modified form in a computer system, causes it to
perform specified functions.
(7) "Copy" means any facsimile, replica, photograph or other
reproduction of an article, and any note, drawing or sketch made of
or from an article.
(8) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(9) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
(A) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
(b) Every person is guilty of theft who, with intent to deprive or
withhold the control of a trade secret from its owner, or with an
intent to appropriate a trade secret to his or her own use or to the
use of another, does any of the following:
(1) Steals, takes, carries away, or uses without authorization, a
trade secret.
(2) Fraudulently appropriates any article representing a trade
secret entrusted to him or her.
(3) Having unlawfully obtained access to the article, without
authority makes or causes to be made a copy of any article
representing a trade secret.
(4) Having obtained access to the article through a relationship
of trust and confidence, without authority and in breach of the
obligations created by that relationship, makes or causes to be made,
directly from and in the presence of the article, a copy of any
article representing a trade secret.
(c) Every person who promises, offers or gives, or conspires to
promise or offer to give, to any present or former agent, employee or
servant of another, a benefit as an inducement, bribe or reward for
conveying, delivering or otherwise making available an article
representing a trade secret owned by his or her present or former
principal, employer or master, to any person not authorized by the
owner to receive or acquire the trade secret and every present or
former agent, employee, or servant, who solicits, accepts, receives
or takes a benefit as an inducement, bribe or reward for conveying,
delivering or otherwise making available an article representing a
trade secret owned by his or her present or former principal,
employer or master, to any person not authorized by the owner to
receive or acquire the trade secret, shall be punished by
imprisonment in the state prison, or in a county jail not exceeding
one year, or by a fine not exceeding five thousand dollars ($5,000),
or by both that fine and imprisonment.
(d) In a prosecution for a violation of this section, it shall be
no defense that the person returned or intended to return the
article.



499d. Any person who operates or takes an aircraft not his own,
without the consent of the owner thereof, and with intent to either
permanently or temporarily deprive the owner thereof of his title to
or possession of such vehicle, whether with or without intent to
steal the same, or any person who is a party or accessory to or an
accomplice in any operation or unauthorized taking or stealing is
guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison, or in the county jail for not more
than one year or by a fine of not more than ten thousand dollars
($10,000) or by both such fine and imprisonment.



500. (a) Any person who receives money for the actual or purported
purpose of transmitting the same or its equivalent to foreign
countries as specified in Section 1800.5 of the Financial Code who
fails to do at least one of the following acts unless otherwise
instructed by the customer is guilty of a misdemeanor or felony as
set forth in subdivision (b):
(1) Forward the money as represented to the customer within 10
days of receipt of the funds.
(2) Give instructions within 10 days of receipt of the customer's
funds, committing equivalent funds to the person designated by the
customer.
(3) Refund to the customer any money not forwarded as represented
within 10 days of the customer's written request for a refund
pursuant to subdivision (a) of Section 1810.5 of the Financial Code.

(b) (1) If the total value of the funds received from the customer
is less than four hundred dollars ($400), the offense set forth in
subdivision (a) is punishable by imprisonment in the county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(2) If the total value of the money received from the customer is
four hundred dollars ($400) or more, or if the total value of all
moneys received by the person from different customers is four
hundred dollars ($400), or more and the receipts were part of a
common scheme or plan, the offense set forth in subdivision (a) is
punishable by imprisonment in the state prison for 16 months, 2, or 3
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both imprisonment and fine.



501. Upon a trial for larceny or embezzlement of money, bank notes,
certificates of stock, or valuable securities, the allegation of the
indictment or information, so far as regards the description of the
property, is sustained, if the offender be proved to have embezzled
or stolen any money, bank notes, certificates of stock, or valuable
security, although the particular species of coin or other money, or
the number, denomination, or kind of bank notes, certificates of
stock, or valuable security, is not proved; and upon a trial for
embezzlement, if the offender is proved to have embezzled any piece
of coin or other money, any bank note, certificate of stock, or
valuable security, although the piece of coin or other money, or bank
note, certificate of stock, or valuable security, may have been
delivered to him or her in order that some part of the value thereof
should be returned to the party delivering the same, and such part
shall have been returned accordingly.



502. (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized
access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers,
computer systems, and computer data is vital to the protection of the
privacy of individuals as well as to the well-being of financial
institutions, business concerns, governmental agencies, and others
within this state that lawfully utilize those computers, computer
systems, and data.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Access" means to gain entry to, instruct, or communicate with
the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
(2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
(3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network
to perform specified functions.
(4) "Computer services" includes, but is not limited to, computer
time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
(5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
(6) "Data" means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. Data may be in any form, in storage media, or as
stored in the memory of the computer or in transit or presented on a
display device.
(7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public
and is necessary for the operation of a computer, computer system,
computer network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program,
or data caused by the access, or the denial of access to legitimate
users of a computer system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer instructions
that are designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network
without the intent or permission of the owner of the information.
They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are
self-replicating or self-propagating and are designed to contaminate
other computer programs or computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or
computer network.
(11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
(3) Knowingly and without permission uses or causes to be used
computer services.
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.
(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.
(d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury, and
where the value of the computer services used does not exceed four
hundred dollars ($400), by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment.
(B) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds four hundred
dollars ($400), or for any second or subsequent violation, by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison for 16 months, or two or three years, or by both
that fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
(B) For any violation that results in a victim expenditure in an
amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year, or in the state prison, or by both that fine and imprisonment.

(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(e) (1) In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network,
computer program, or data who suffers damage or loss by reason of a
violation of any of the provisions of subdivision (c) may bring a
civil action against the violator for compensatory damages and
injunctive relief or other equitable relief. Compensatory damages
shall include any expenditure reasonably and necessarily incurred by
the owner or lessee to verify that a computer system, computer
network, computer program, or data was or was not altered, damaged,
or deleted by the access. For the purposes of actions authorized by
this subdivision, the conduct of an unemancipated minor shall be
imputed to the parent or legal guardian having control or custody of
the minor, pursuant to the provisions of Section 1714.1 of the Civil
Code.
(2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
(3) A community college, state university, or academic institution
accredited in this state is required to include computer-related
crimes as a specific violation of college or university student
conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the
academic institution. This paragraph shall not apply to the
University of California unless the Board of Regents adopts a
resolution to that effect.
(4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been
guilty of oppression, fraud, or malice as defined in subdivision (c)
of Section 3294 of the Civil Code, the court may additionally award
punitive or exemplary damages.
(5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained
of, or the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction, nor shall it
make illegal any employee labor relations activities that are within
the scope and protection of state or federal labor laws.
(g) Any computer, computer system, computer network, or any
software or data, owned by the defendant, that is used during the
commission of any public offense described in subdivision (c) or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
subdivision (c) shall be subject to forfeiture, as specified in
Section 502.01.
(h) (1) Subdivision (c) does not apply to punish any acts which
are committed by a person within the scope of his or her lawful
employment. For purposes of this section, a person acts within the
scope of his or her employment when he or she performs acts which are
reasonably necessary to the performance of his or her work
assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the
employer or another, or provided that the value of supplies or
computer services, as defined in paragraph (4) of subdivision (b),
which are used does not exceed an accumulated total of one hundred
dollars ($100).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or
(7) of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under
this section, a person who causes, by any means, the access of a
computer, computer system, or computer network in one jurisdiction
from another jurisdiction is deemed to have personally accessed the
computer, computer system, or computer network in each jurisdiction.

(k) In determining the terms and conditions applicable to a person
convicted of a violation of this section the court shall consider
the following:
(1) The court shall consider prohibitions on access to and use of
computers.
(2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination
not to repeat the offense.



502.01. (a) As used in this section:
(1) "Property subject to forfeiture" means any property of the
defendant that is illegal telecommunications equipment as defined in
subdivision (g) of Section 502.8, or a computer, computer system, or
computer network, and any software or data residing thereon, if the
telecommunications device, computer, computer system, or computer
network was used in committing a violation of, or conspiracy to
commit a violation of, subdivision (b) of Section 272, Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470,
470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or
(d) of Section 484e, subdivision (a) of Section 484f, subdivision (b)
or (c) of Section 484i, subdivision (c) of Section 502, or Section
502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, or 646.9, or was
used as a repository for the storage of software or data obtained in
violation of those provisions. Forfeiture shall not be available for
any property used solely in the commission of an infraction. If the
defendant is a minor, it also includes property of the parent or
guardian of the defendant.
(2) "Sentencing court" means the court sentencing a person found
guilty of violating or conspiring to commit a violation of
subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2,
311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476,
480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e,
subdivision (d) of Section 484e, subdivision (a) of Section 484f,
subdivision (b) or (c) of Section 484i, subdivision (c) of Section
502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, or
646.9, or, in the case of a minor, found to be a person described in
Section 602 of the Welfare and Institutions Code because of a
violation of those provisions, the juvenile court.
(3) "Interest" means any property interest in the property subject
to forfeiture.
(4) "Security interest" means an interest that is a lien,
mortgage, security interest, or interest under a conditional sales
contract.
(5) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "value" of those components of computer software
packages shall be equivalent to the retail price or fair market price
of the number of completed computer software packages that could
have been made from those components.
(b) The sentencing court shall, upon petition by the prosecuting
attorney, at any time following sentencing, or by agreement of all
parties, at the time of sentencing, conduct a hearing to determine
whether any property or property interest is subject to forfeiture
under this section. At the forfeiture hearing, the prosecuting
attorney shall have the burden of establishing, by a preponderance of
the evidence, that the property or property interests are subject to
forfeiture. The prosecuting attorney may retain seized property that
may be subject to forfeiture until the sentencing hearing.
(c) Prior to the commencement of a forfeiture proceeding, the law
enforcement agency seizing the property subject to forfeiture shall
make an investigation as to any person other than the defendant who
may have an interest in it. At least 30 days before the hearing to
determine whether the property should be forfeited, the prosecuting
agency shall send notice of the hearing to any person who may have an
interest in the property that arose before the seizure.
A person claiming an interest in the property shall file a motion
for the redemption of that interest at least 10 days before the
hearing on forfeiture, and shall send a copy of the motion to the
prosecuting agency and to the probation department.
If a motion to redeem an interest has been filed, the sentencing
court shall hold a hearing to identify all persons who possess valid
interests in the property. No person shall hold a valid interest in
the property if, by a preponderance of the evidence, the prosecuting
agency shows that the person knew or should have known that the
property was being used in violation of, or conspiracy to commit a
violation of, subdivision (b) of Section 272, Section 288, 288.2,
311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472,
475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c)
of Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, 530.5, 537e, 593d, 593e, or 646.9, and that the
person did not take reasonable steps to prevent that use, or if the
interest is a security interest, the person knew or should have known
at the time that the security interest was created that the property
would be used for a violation.
(d) If the sentencing court finds that a person holds a valid
interest in the property, the following provisions shall apply:
(1) The court shall determine the value of the property.
(2) The court shall determine the value of each valid interest in
the property.
(3) If the value of the property is greater than the value of the
interest, the holder of the interest shall be entitled to ownership
of the property upon paying the court the difference between the
value of the property and the value of the valid interest.
If the holder of the interest declines to pay the amount
determined under paragraph (2), the court may order the property sold
and designate the prosecutor or any other agency to sell the
property. The designated agency shall be entitled to seize the
property and the holder of the interest shall forward any
documentation underlying the interest, including any ownership
certificates for that property, to the designated agency. The
designated agency shall sell the property and pay the owner of the
interest the proceeds, up to the value of that interest.
(4) If the value of the property is less than the value of the
interest, the designated agency shall sell the property and pay the
owner of the interest the proceeds, up to the value of that interest.

(e) If the defendant was a minor at the time of the offense, this
subdivision shall apply to property subject to forfeiture that is the
property of the parent or guardian of the minor.
(1) The prosecuting agency shall notify the parent or guardian of
the forfeiture hearing at least 30 days before the date set for the
hearing.
(2) The computer or telecommunications device shall not be subject
to forfeiture if the parent or guardian files a signed statement
with the court at least 10 days before the date set for the hearing
that the minor shall not have access to any computer or
telecommunications device owned by the parent or guardian for two
years after the date on which the minor is sentenced.
(3) If the minor is convicted of a violation of Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a,
472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) of
Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, or 530.5, within two years after the date on which
the minor is sentenced, and the violation involves a computer or
telecommunications device owned by the parent or guardian, the
original property subject to forfeiture, and the property involved in
the new offense, shall be subject to forfeiture notwithstanding
paragraph (2).
(4) Notwithstanding paragraph (1), (2), or (3), or any other
provision of this chapter, if a minor's parent or guardian makes full
restitution to the victim of a crime enumerated in this chapter in
an amount or manner determined by the court, the forfeiture
provisions of this chapter do not apply to the property of that
parent or guardian if the property was located in the family's
primary residence during the commission of the crime.
(f) Notwithstanding any other provision of this chapter, the court
may exercise its discretion to deny forfeiture where the court finds
that the convicted defendant, or minor adjudicated to come within
the jurisdiction of the juvenile court, is not likely to use the
property otherwise subject to forfeiture for future illegal acts.
(g) If the defendant is found to have the only valid interest in
the property subject to forfeiture, it shall be distributed as
follows:
(1) First, to the victim, if the victim elects to take the
property as full or partial restitution for injury, victim
expenditures, or compensatory damages, as defined in paragraph (1) of
subdivision (e) of Section 502. If the victim elects to receive the
property under this paragraph, the value of the property shall be
determined by the court and that amount shall be credited against the
restitution owed by the defendant. The victim shall not be penalized
for electing not to accept the forfeited property in lieu of full or
partial restitution.
(2) Second, at the discretion of the court, to one or more of the
following agencies or entities:
(A) The prosecuting agency.
(B) The public entity of which the prosecuting agency is a part.
(C) The public entity whose officers or employees conducted the
investigation resulting in forfeiture.
(D) Other state and local public entities, including school
districts.
(E) Nonprofit charitable organizations.
(h) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at
auction. The proceeds of the sale shall be distributed by the court
as follows:
(1) To the bona fide or innocent purchaser or encumbrancer,
conditional sales vendor, or mortgagee of the property up to the
amount of his or her interest in the property, if the court orders a
distribution to that person.
(2) The balance, if any, to be retained by the court, subject to
the provisions for distribution under subdivision (g).



502.5. Every person who, after mortgaging or encumbering by deed of
trust any real property, and during the existence of such mortgage
or deed of trust, or after such mortgaged or encumbered property
shall have been sold under an order and decree of foreclosure or at
trustee's sale, and with intent to defraud or injure the mortgagee or
the beneficiary or trustee, under such deed of trust, his
representatives, successors or assigns, or the purchaser of such
mortgaged or encumbered premises at such foreclosure or trustee's
sale, his representatives, successors or assigns, takes, removes or
carries away from such mortgaged or encumbered premises, or otherwise
disposes of or permits the taking, removal or carrying away or
otherwise disposing of any house, barn, windmill, water tank, pump,
engine or other part of the freehold that is attached or affixed to
such premises as an improvement thereon, without the written consent
of the mortgagee or beneficiary, under deed of trust, his
representatives, successors or assigns, or the purchaser at such
foreclosure or trustee's sale, his representatives, successors or
assigns, is guilty of larceny and shall be punished accordingly.



502.6. (a) Any person who knowingly, willfully, and with the intent
to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to defraud, uses a scanning device to
access, read, obtain, memorize or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card is
guilty of a misdemeanor, punishable by a term in a county jail not
to exceed one year, or a fine of one thousand dollars ($1,000), or
both the imprisonment and fine.
(b) Any person who knowingly, willfully, and with the intent to
defraud, possesses a reencoder, or who knowingly, willfully, and with
intent to defraud, uses a reencoder to place encoded information on
the magnetic strip or stripe of a payment card or any electronic
medium that allows an authorized transaction to occur, without the
permission of the authorized user of the payment card from which the
information is being reencoded is guilty of a misdemeanor, punishable
by a term in a county jail not to exceed one year, or a fine of one
thousand dollars ($1,000), or both the imprisonment and fine.
(c) Any scanning device or reencoder described in subdivision (e)
owned by the defendant and possessed or used in violation of
subdivision (a) or (b) may be seized and be destroyed as contraband
by the sheriff of the county in which the scanning device or
reencoder was seized.
(d) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.
(e) As used in this section, the following definitions apply:
(1) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card on to
the magnetic strip or stripe of a different payment card.
(3) "Payment card" means a credit card, debit card, or any other
card that is issued to an authorized user and that allows the user to
obtain, purchase, or receive goods, services, money, or anything
else of value.
(f) Nothing in this section shall preclude prosecution under any
other provision of law.



502.7. (a) Any person who, knowingly, willfully, and with intent to
defraud a person providing telephone or telegraph service, avoids or
attempts to avoid, or aids, abets or causes another to avoid the
lawful charge, in whole or in part, for telephone or telegraph
service by any of the following means is guilty of a misdemeanor or a
felony, except as provided in subdivision (g):
(1) By charging the service to an existing telephone number or
credit card number without the authority of the subscriber thereto or
the lawful holder thereof.
(2) By charging the service to a nonexistent telephone number or
credit card number, or to a number associated with telephone service
which is suspended or terminated, or to a revoked or canceled (as
distinguished from expired) credit card number, notice of the
suspension, termination, revocation, or cancellation of the telephone
service or credit card having been given to the subscriber thereto
or the holder thereof.
(3) By use of a code, prearranged scheme, or other similar
stratagem or device whereby the person, in effect, sends or receives
information.
(4) By rearranging, tampering with, or making connection with
telephone or telegraph facilities or equipment, whether physically,
electrically, acoustically, inductively, or otherwise, or by using
telephone or telegraph service with knowledge or reason to believe
that the rearrangement, tampering, or connection existed at the time
of the use.
(5) By using any other deception, false pretense, trick, scheme,
device, conspiracy, or means, including the fraudulent use of false,
altered, or stolen identification.
(b) Any person who does either of the following is guilty of a
misdemeanor or a felony, except as provided in subdivision (g):
(1) Makes, possesses, sells, gives, or otherwise transfers to
another, or offers or advertises any instrument, apparatus, or device
with intent to use it or with knowledge or reason to believe it is
intended to be used to avoid any lawful telephone or telegraph toll
charge or to conceal the existence or place of origin or destination
of any telephone or telegraph message.
(2) Sells, gives, or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an
instrument, apparatus, or device described in paragraph (1) of this
subdivision with knowledge or reason to believe that they may be used
to make or assemble the instrument, apparatus, or device.
(c) Any person who publishes the number or code of an existing,
canceled, revoked, expired, or nonexistent credit card, or the
numbering or coding which is employed in the issuance of credit
cards, with the intent that it be used or with knowledge or reason to
believe that it will be used to avoid the payment of any lawful
telephone or telegraph toll charge is guilty of a misdemeanor.
Subdivision (g) shall not apply to this subdivision. As used in this
section, "publishes" means the communication of information to any
one or more persons, either orally, in person or by telephone, radio,
or television, or electronic means, including, but not limited to, a
bulletin board system, or in a writing of any kind, including
without limitation a letter or memorandum, circular or handbill,
newspaper, or magazine article, or book.
(d) Any person who is the issuee of a calling card, credit card,
calling code, or any other means or device for the legal use of
telecommunications services and who receives anything of value for
knowingly allowing another person to use the means or device in order
to fraudulently obtain telecommunications services is guilty of a
misdemeanor or a felony, except as provided in subdivision (g).
(e) Subdivision (a) applies when the telephone or telegraph
communication involved either originates or terminates, or both
originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person
providing telephone or telegraph service in this state, but for the
fact that the charge for service was avoided, or attempted to be
avoided, by one or more of the means set forth in subdivision (a).
(f) Jurisdiction of an offense under this section is in the
jurisdictional territory where the telephone call or telegram
involved in the offense originates or where it terminates, or the
jurisdictional territory to which the bill for the service is sent or
would have been sent but for the fact that the service was obtained
or attempted to be obtained by one or more of the means set forth in
subdivision (a).
(g) Theft of any telephone or telegraph services under this
section by a person who has a prior misdemeanor or felony conviction
for theft of services under this section within the past five years,
is a felony.
(h) Any person or telephone company defrauded by any acts
prohibited under this section shall be entitled to restitution for
the entire amount of the charges avoided from any person or persons
convicted under this section.
(i) Any instrument, apparatus, device, plans, instructions, or
written publication described in subdivision (b) or (c) may be seized
under warrant or incident to a lawful arrest, and, upon the
conviction of a person for a violation of subdivision (a), (b), or
(c), the instrument, apparatus, device, plans, instructions, or
written publication may be destroyed as contraband by the sheriff of
the county in which the person was convicted or turned over to the
person providing telephone or telegraph service in the territory in
which it was seized.
(j) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.



502.8. (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment
with intent to sell, transfer, or furnish or offer to sell, transfer,
or furnish the equipment to another, intending to avoid the payment
of any lawful charge for telecommunications service or to facilitate
other criminal conduct is guilty of a misdemeanor punishable by one
year in a county jail or imprisonment in state prison or a fine of up
to ten thousand dollars ($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct, is guilty of a felony, punishable by imprisonment
in state prison, a fine of up to fifty thousand dollars ($50,000), or
both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct is guilty of a felony punishable by imprisonment in
state prison or a fine of up to fifty thousand dollars ($50,000), or
both.
(g) For purposes of this section, "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service; surrepticiously intercept
electronic serial numbers or mobile identification numbers; alter
electronic serial numbers; circumvent efforts to confirm legitimate
access to a telecommunications account; conceal from any
telecommunications service provider or lawful authority the
existence, place of origin, or destination of any telecommunication;
or otherwise facilitate any other criminal conduct. "Illegal
telecommunications equipment" includes, but is not limited to, any
unauthorized electronic serial number or mobile identification
number, whether incorporated into a wireless telephone or other
device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
(2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages.




502.9. Upon conviction of a felony violation under this chapter,
the fact that the victim was an elder or dependent person, as defined
in Section 288, shall be considered a circumstance in aggravation
when imposing a term under subdivision (b) of Section 1170.

[هيثم الفقى]

503. Embezzlement is the fraudulent appropriation of property by a
person to whom it has been intrusted.



504. Every officer of this state, or of any county, city, city and
county, or other municipal corporation or subdivision thereof, and
every deputy, clerk, or servant of that officer, and every officer,
director, trustee, clerk, servant, or agent of any association,
society, or corporation (public or private), who fraudulently
appropriates to any use or purpose not in the due and lawful
execution of that person's trust, any property in his or her
possession or under his or her control by virtue of that trust, or
secretes it with a fraudulent intent to appropriate it to that use or
purpose, is guilty of embezzlement.



504a. Every person who shall fraudulently remove, conceal or
dispose of any goods, chattels or effects, leased or let to him by
any instrument in writing, or any personal property or effects of
another in his possession, under a contract of purchase not yet
fulfilled, and any person in possession of such goods, chattels, or
effects knowing them to be subject to such lease or contract of
purchase who shall so remove, conceal or dispose of the same with
intent to injure or defraud the lessor or owner thereof, is guilty of
embezzlement.


504b. Where under the terms of a security agreement, as defined in
paragraph (73) of subdivision (a) of Section 9102 of the Commercial
Code, the debtor has the right to sell the property covered thereby
and is to account to the secured party for, and pay to the secured
party the indebtedness secured by the security agreement from, the
proceeds of the sale of any of the property, and where the debtor,
having sold the property covered by the security agreement and having
received the proceeds of the sale, willfully and wrongfully, and
with the intent to defraud, fails to pay to the secured party the
amounts due under the security agreement, or the proceeds of the
sale, whichever is the lesser amount, and appropriates the money to
his or her own use, the debtor shall be guilty of embezzlement and
shall be punishable as provided in Section 514.



505. Every carrier or other person having under his control
personal property for the purpose of transportation for hire, who
fraudulently appropriates it to any use or purpose inconsistent with
the safe keeping of such property and its transportation according to
his trust, is guilty of embezzlement, whether he has broken the
package in which such property is contained, or has otherwise
separated the items thereof, or not.



506. Every trustee, banker, merchant, broker, attorney, agent,
assignee in trust, executor, administrator, or collector, or person
otherwise intrusted with or having in his control property for the
use of any other person, who fraudulently appropriates it to any use
or purpose not in the due and lawful execution of his trust, or
secretes it with a fraudulent intent to appropriate it to such use or
purpose, and any contractor who appropriates money paid to him for
any use or purpose, other than for that which he received it, is
guilty of embezzlement, and the payment of laborers and materialmen
for work performed or material furnished in the performance of any
contract is hereby declared to be the use and purpose to which the
contract price of such contract, or any part thereof, received by the
contractor shall be applied.



506a. Any person who, acting as collector, or acting in any
capacity in or about a business conducted for the collection of
accounts or debts owing by another person, and who violates Section
506 of the Penal Code, shall be deemed to be an agent or person as
defined in Section 506, and subject for a violation of Section 506,
to be prosecuted, tried, and punished in accordance therewith and
with law; and "collector" means every such person who collects, or
who has in his or her possession or under his or her control property
or money for the use of any other person, whether in his or her own
name and mixed with his or her own property or money, or otherwise,
or whether he or she has any interest, direct or indirect, in or to
such property or money, or any portion thereof, and who fraudulently
appropriates to his or her own use, or the use of any person other
than the true owner, or person entitled thereto, or secretes that
property or money, or any portion thereof, or interest therein not
his or her own, with a fraudulent intent to appropriate it to any use
or purpose not in the due and lawful execution of his or her trust.




506b. Any person who violates Section 2985.3 or 2985.4 of the Civil
Code, relating to real property sales contracts, is guilty of a
public offense punishable by a fine not exceeding ten thousand
dollars ($10,000), or by imprisonment in the state prison, or in the
county jail not exceeding one year, or by both such fine and
imprisonment.



507. Every person intrusted with any property as bailee, tenant, or
lodger, or with any power of attorney for the sale or transfer
thereof, who fraudulently converts the same or the proceeds thereof
to his own use, or secretes it or them with a fraudulent intent to
convert to his own use, is guilty of embezzlement.



508. Every clerk, agent, or servant of any person who fraudulently
appropriates to his own use, or secretes with a fraudulent intent to
appropriate to his own use, any property of another which has come
into his control or care by virtue of his employment as such clerk,
agent, or servant, is guilty of embezzlement.


509. A distinct act of taking is not necessary to constitute
embezzlement.


510. Any evidence of debt, negotiable by delivery only, and
actually executed, is the subject of embezzlement, whether it has
been delivered or issued as a valid instrument or not.



511. Upon any indictment for embezzlement, it is a sufficient
defense that the property was appropriated openly and avowedly, and
under a claim of title preferred in good faith, even though such
claim is untenable. But this provision does not excuse the unlawful
retention of the property of another to offset or pay demands held
against him.



512. The fact that the accused intended to restore the property
embezzled, is no ground of defense or mitigation of punishment, if it
has not been restored before an information has been laid before a
magistrate, or an indictment found by a grand jury, charging the
commission of the offense.



513. Whenever, prior to an information laid before a magistrate, or
an indictment found by a grand jury, charging the commission of
embezzlement, the person accused voluntarily and actually restores or
tenders restoration of the property alleged to have been embezzled,
or any part thereof, such fact is not a ground of defense, but it
authorizes the court to mitigate punishment, in its discretion.




514. Every person guilty of embezzlement is punishable in the
manner prescribed for theft of property of the value or kind
embezzled; and where the property embezzled is an evidence of debt or
right of action, the sum due upon it or secured to be paid by it
must be taken as its value; if the embezzlement or defalcation is of
the public funds of the United States, or of this state, or of any
county or municipality within this state, the offense is a felony,
and is punishable by imprisonment in the state prison; and the person
so convicted is ineligible thereafter to any office of honor, trust,
or profit in this state.


515. Upon conviction of a felony violation under this chapter, the
fact that the victim was an elder or dependent person, as defined in
Section 288, shall be considered a circumstance in aggravation when
imposing a term under subdivision (b) of Section 1170.

[هيثم الفقى]

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.


519. Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.



520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.



521. Every person who commits any extortion under color of official
right, in cases for which a different punishment is not prescribed
in this Code, is guilty of a misdemeanor.



522. Every person who, by any extortionate means, obtains from
another his signature to any paper or instrument, whereby, if such
signature were freely given, any property would be transferred, or
any debt, demand, charge, or right of action created, is punishable
in the same manner as if the actual delivery of such debt, demand,
charge, or right of action were obtained.



523. Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.



524. Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.



525. Upon conviction of a felony violation under this chapter, the
fact that the victim was an elder or dependent person, as defined in
Section 288, shall be considered a circumstance in aggravation when
imposing a term under subdivision (b) of Section 1170.



526. Any person, who, with intent to obtain from another person any
money, article of personal property or other thing of value,
delivers or causes to be delivered to the other person any paper,
document or written, typed or printed form purporting to be an order
or other process of a court, or designed or calculated by its
writing, typing or printing, or the arrangement thereof, to cause or
lead the other person to believe it to be an order or other process
of a court, when in fact such paper, document or written, typed or
printed form is not an order or process of a court, is guilty of a
misdemeanor, and each separate delivery of any paper, document or
written, typed or printed form shall constitute a separate offense.




527. Any person who shall sell or offer for sale, print, publish,
or distribute any paper, document or written, typed or printed form,
designed or calculated by its writing, typing or printing, or the
arrangement thereof, to cause or lead any person to believe it to be,
or that it will be used as an order or other process of a court when
in fact such paper, document or written, typed or printed form is
not to be used as the order or process of a court, is guilty of a
misdemeanor, and each separate publication, printing, distribution,
sale or offer to sell any such paper, document or written, typed or
printed form shall constitute a separate offense, and upon conviction
thereof in addition to any other sentence imposed the court may
order that all such papers or documents or written, typed or printed
forms in the possession or under the control of the person found
guilty of such misdemeanor shall be delivered to such court or the
clerk thereof for destruction.

[هيثم الفقى]

528. Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain the
marriage relation towards another, with or without the connivance of
such other, is guilty of a felony.


529. Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
3. Does any other act whereby, if done by the person falsely
personated, he might, in any event, become liable to any suit or
prosecution, or to pay any sum of money, or to incur any charge,
forfeiture, or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;
Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.



529a. Every person who manufactures, produces, sells, offers, or
transfers to another any document purporting to be either a
certificate of birth or certificate of baptism, knowing such document
to be false or counterfeit and with the intent to deceive, is guilty
of a crime, and upon conviction therefor, shall be punished by
imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison. Every person who offers, displays,
or has in his or her possession any false or counterfeit certificate
of birth or certificate of baptism, or any genuine certificate of
birth which describes a person then living or deceased, with intent
to represent himself or herself as another or to conceal his or her
true identity, is guilty of a crime, and upon conviction therefor,
shall be punished by imprisonment in the county jail not to exceed
one year.


529.5. (a) Every person who manufactures, sells, offers for sale,
or transfers any document, not amounting to counterfeit, purporting
to be a government-issued identification card or driver's license,
which by virtue of the wording or appearance thereon could reasonably
deceive an ordinary person into believing that it is issued by a
government agency, and who knows that the document is not a
government-issued document, is guilty of a misdemeanor, 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 the fine and
imprisonment.
(b) Any person who, having been convicted of a violation of
subdivision (a), is subsequently convicted of a violation of
subdivision (a), is punishable for the subsequent conviction by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding five thousand dollars ($5,000), or by both the fine and
imprisonment.
(c) Any person who possesses a document described in subdivision
(a) and who knows that the document is not a government-issued
document is guilty of a misdemeanor punishable by a fine of not less
than one thousand dollars ($1,000) and not more than two thousand
five hundred dollars ($2,500). The misdemeanor fine shall be imposed
except in unusual cases where the interests of justice would be
served. The court may allow an offender to work off the fine by
doing community service. If community service work is not available,
the misdemeanor shall be punishable by a fine of up to one thousand
dollars ($1,000), based on the person's ability to pay.
(d) If an offense specified in this section is committed by a
person when he or she is under 21 years of age, but is 13 years of
age or older, the court also may suspend the person's driving
privilege for one year, pursuant to Section 13202.5 of the Vehicle
Code.


529.7. Any person who obtains, or assists another person in
obtaining, a driver's license, identification card, vehicle
registration certificate, or any other official document issued by
the Department of Motor Vehicles, with knowledge that the person
obtaining the document is not entitled to the document, is guilty of
a misdemeanor, and is punishable by imprisonment in a county jail for
up to one year, or a fine of up to one thousand dollars ($1,000), or
both.


530. Every person who falsely personates another, in either his
private or official capacity, and in such assumed character receives
any money or property, knowing that it is intended to be delivered to
the individual so personated, with intent to convert the same to his
own use, or to that of another person, or to deprive the true owner
thereof, is punishable in the same manner and to the same extent as
for larceny of the money or property so received.



530.5. (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses that information for any unlawful purpose,
including to obtain, or attempt to obtain, credit, goods, services,
real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment
in a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section
1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section.
(f) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.



530.55. (a) For purposes of this chapter, "person" means a natural
person, living or deceased, firm, association, organization,
partnership, business trust, company, corporation, limited liability
company, or public entity, or any other legal entity.
(b) For purposes of this chapter, "personal identifying
information" means
any name, address, telephone number, health insurance number,
taxpayer identification number, school identification number, state
or federal driver's license, or identification number, social
security number, place of employment, employee identification number,
professional or occupational number, mother's maiden name, demand
deposit account number, savings account number, checking account
number, PIN (personal identification number) or password, alien
registration number, government passport number, date of birth,
unique biometric data including fingerprint, facial scan identifiers,
voiceprint, retina or iris image, or other unique physical
representation, unique electronic data including information
identification number assigned to the person, address or routing
code, telecommunication identifying information or access device,
information contained in a birth or death certificate, or credit card
number of an individual person, or an equivalent form of
identification.



530.6. (a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence or place of business, which shall take a police report of
the matter, provide the complainant with a copy of that report, and
begin an investigation of the facts. If the suspected crime was
committed in a different jurisdiction, the local law enforcement
agency may refer the matter to the law enforcement agency where the
suspected crime was committed for further investigation of the facts.

(b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction. Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court. Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
(d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.
(e) The Judicial Council of California shall develop a form for
use in issuing an order pursuant to this section.
(f) For purposes of this section,"person" means a natural person,
firm, association, organization, partnership, business trust,
company, corporation, limited liability company, or public entity.




530.7. (a) In order for a victim of identity theft to be included
in the data base established pursuant to subdivision (c), he or she
shall submit to the Department of Justice a court order obtained
pursuant to any provision of law, a full set of fingerprints, and any
other information prescribed by the department.
(b) Upon receiving information pursuant to subdivision (a), the
Department of Justice shall verify the identity of the victim against
any driver's license or other identification record maintained by
the Department of Motor Vehicles.
(c) The Department of Justice shall establish and maintain a data
base of individuals who have been victims of identity theft. The
department shall provide a victim of identity theft or his or her
authorized representative access to the data base in order to
establish that the individual has been a victim of identity theft.
Access to the data base shall be limited to criminal justice
agencies, victims of identity theft, and individuals and agencies
authorized by the victims.
(d) The Department of Justice shall establish and maintain a
toll-free telephone number to provide access to information under
subdivision (c).
(e) This section shall be operative September 1, 2001.



530.8. (a) If a person discovers that an application in his or her
name for a loan, credit line or account, credit card, charge card,
public utility service, mail receiving or forwarding service, office
or desk space rental service, or commercial mobile radio service has
been filed with any person or entity by an unauthorized person, or
that an account in his or her name has been opened with a bank, trust
company, savings association, credit union, public utility, mail
receiving or forwarding service, office or desk space rental service,
or commercial mobile radio service provider by an unauthorized
person, then, upon presenting to the person or entity with which the
application was filed or the account was opened a copy of a police
report prepared pursuant to Section 530.6 and identifying information
in the categories of information that the unauthorized person used
to complete the application or to open the account, the person, or a
law enforcement officer specified by the person, shall be entitled to
receive information related to the application or account, including
a copy of the unauthorized person's application or application
information and a record of transactions or charges associated with
the application or account. Upon request by the person in whose name
the application was filed or in whose name the account was opened,
the person or entity with which the application was filed shall
inform him or her of the categories of identifying information that
the unauthorized person used to complete the application or to open
the account. The person or entity with which the application was
filed or the account was opened shall provide copies of all paper
records, records of telephone applications or authorizations, or
records of electronic applications or authorizations required by this
section, without charge, within 10 business days of receipt of the
person's request and submission of the required copy of the police
report and identifying information.
(b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
(c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
(A) Authorizes disclosure for a stated period.
(B) Specifies the name of the agency or department to which the
disclosure is authorized.
(C) Identifies the types of records that the requesting person
authorizes to be disclosed.
(2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
(d) (1) A failure to produce records pursuant to subdivision (a)
shall be addressed by the court in the jurisdiction in which the
victim resides or in which the request for information was issued. At
the victim's request, the Attorney General, the district attorney,
or the prosecuting city attorney may file a petition to compel the
attendance of the person or entity in possession of the records, as
described in subdivision (a), and order the production of the
requested records to the court. The petition shall contain a
declaration from the victim stating when the request for information
was made, that the information requested was not provided, and what
response, if any, was made by the person or entity. The petition
shall also contain copies of the police report prepared pursuant to
Section 530.6 and the request for information made pursuant to this
section upon the person or entity in possession of the records, as
described in subdivision (a), and these two documents shall be kept
confidential by the court. The petition and copies of the police
report and the application shall be served upon the person or entity
in possession of the records, as described in subdivision (a). The
court shall hold a hearing on the petition no later than 10 court
days after the petition is served and filed. The court shall order
the release of records to the victim as required pursuant to this
section.
(2) In addition to any other civil remedy available, the victim
may bring a civil action against the entity for damages, injunctive
relief or other equitable relief, and a penalty of one hundred
dollars ($100) per day of noncompliance, plus reasonable attorneys'
fees.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Application" means a new application for credit or service,
the addition of authorized users to an existing account, the renewal
of an existing account, or any other changes made to an existing
account.
(2) "Commercial mobile radio service" means "commercial mobile
radio service" as defined in Section 20.3 of Title 47 of the Code of
Federal Regulations.
(3) "Law enforcement officer" means a peace officer as defined by
Section 830.1.
(4) "Person" means a natural person, firm, association,
organization, partnership, business trust, company, corporation,
limited liability company, or public entity.


531. Every person who is a party to any fraudulent conveyance of
any lands, tenements, or hereditaments, goods or chattels, or any
right or interest issuing out of the same, or to any bond, suit,
judgment, or execution, contract or conveyance, had, made, or
contrived with intent to deceive and defraud others, or to defeat,
hinder, or delay creditors or others of their just debts, damages, or
demands; or who, being a party as aforesaid, at any time wittingly
and willingly puts in, uses, avows, maintains, justifies, or defends
the same, or any of them, as true, and done, had, or made in good
faith, or upon good consideration, or aliens, assigns, or sells any
of the lands, tenements, hereditaments, goods, chattels, or other
things before mentioned, to him or them conveyed as aforesaid, or any
part thereof, is guilty of a misdemeanor.



531a. Every person who, with intent to defraud, knowingly executes
or procures another to execute any instrument purporting to convey
any real property, or any right or interest therein, knowing that
such person so executing has no right to or interest in such
property, or who files or procures the filing of any such instrument,
knowing that the person executing the same had no right, title or
interest in the property so purported to be conveyed, is guilty of a
misdemeanor and is punishable by imprisonment for not more than one
year or by fine of five thousand dollars or both.



532. (a) Every person who knowingly and designedly, by any false or
fraudulent representation or pretense, defrauds any other person of
money, labor, or property, whether real or personal, or who causes or
procures others to report falsely of his or her wealth or mercantile
character, and by thus imposing upon any person obtains credit, and
thereby fraudulently gets possession of money or property, or obtains
the labor or service of another, is punishable in the same manner
and to the same extent as for larceny of the money or property so
obtained.
(b) Upon a trial for having, with an intent to cheat or defraud
another designedly, by any false pretense, obtained the signature of
any person to a written instrument, or having obtained from any
person any labor, money, or property, whether real or personal, or
valuable thing, the defendant cannot be convicted if the false
pretense was expressed in language unaccompanied by a false token or
writing, unless the pretense, or some note or memorandum thereof is
in writing, subscribed by or in the handwriting of the defendant, or
unless the pretense is proven by the testimony of two witnesses, or
that of one witness and corroborating circumstances. This section
does not apply to a prosecution for falsely representing or
personating another, and, in that assumed character, marrying, or
receiving any money or property.



532a. (1) Any person who shall knowingly make or cause to be made,
either directly or indirectly or through any agency whatsoever, any
false statement in writing, with intent that it shall be relied upon,
respecting the financial condition, or means or ability to pay, of
himself, or any other person, firm or corporation, in whom he is
interested, or for whom he is acting, for the purpose of procuring in
any form whatsoever, either the delivery of personal property, the
payment of cash, the making of a loan or credit, the extension of a
credit, the execution of a contract of guaranty or suretyship, the
discount of an account receivable, or the making, acceptance,
discount, sale or indorsement of a bill of exchange, or promissory
note, for the benefit of either himself or of such person, firm or
corporation shall be guilty of a public offense.
(2) Any person who knowing that a false statement in writing has
been made, respecting the financial condition or means or ability to
pay, of himself, or a person, firm or corporation in which he is
interested, or for whom he is acting, procures, upon the faith
thereof, for the benefit either of himself, or of such person, firm
or corporation, either or any of the things of benefit mentioned in
the first subdivision of this section shall be guilty of a public
offense.
(3) Any person who knowing that a statement in writing has been
made, respecting the financial condition or means or ability to pay
of himself or a person, firm or corporation, in which he is
interested, or for whom he is acting, represents on a later day in
writing that the statement theretofore made, if then again made on
said day, would be then true, when in fact, said statement if then
made would be false, and procures upon the faith thereof, for the
benefit either of himself or of such person, firm or corporation
either or any of the things of benefit mentioned in the first
subdivision of this section shall be guilty of a public offense.
(4) Any person committing a public offense under subdivision (1),
(2), or (3) shall be guilty of a misdemeanor, punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in
the county jail for not more than six months, or by both such fine
and imprisonment. Any person who violates the provisions of
subdivision (1), (2), or (3), by using a fictitious name, social
security number, business name, or business address, or by falsely
representing himself or herself to be another person or another
business, is guilty of a felony and is punishable by a fine not
exceeding five thousand dollars ($5,000) or by imprisonment in the
state prison, or by both such fine and imprisonment, or 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 both
such fine and imprisonment.
(5) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction.



532b. (a) Any person who falsely represents himself or herself as a
veteran or ex-serviceman of any war in which the United States was
engaged, in connection with the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
(b) Any person who falsely claims, or presents himself or herself,
to be a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
(c) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).



532c. Any person, firm, corporation or copartnership who knowingly
and designedly offers or gives with winning numbers at any drawing of
numbers or with tickets of admission to places of public assemblage,
any lot or parcel of real property and charges or collects fees in
connection with the transfer thereof, is guilty of a misdemeanor.




532d. (a) Any person who solicits or attempts to solicit or
receives money or property of any kind for a charitable, religious or
eleemosynary purpose and who, directly or indirectly, makes, utters,
or delivers, either orally or in writing, an unqualified statement
of fact concerning the purpose or organization for which the money or
property is solicited or received, or concerning the cost and
expense of solicitation or the manner in which the money or property
or any part thereof is to be used, which statement is in fact false
and was made, uttered, or delivered by that person either willfully
and with knowledge of its falsity or negligently without due
consideration of those facts which by the use of ordinary care he or
she should have known, is guilty of a misdemeanor, and is punishable
by imprisonment in the county jail for not more than one year, by a
fine not exceeding five thousand dollars ($5,000), or by both that
imprisonment and fine.
(b) An offense charged in violation of this section shall be
proven by the testimony of one witness and corroborating
circumstances.
(c) Nothing contained in this section shall be construed to limit
the right of any city, county, or city and county to adopt
regulations for charitable solicitations which are not in conflict
with this section.



532e. Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment incident to
constructing improvements on real property and willfully rebates any
part of the money to or on behalf of anyone contracting with such
person, for provision of the services, labor, materials or equipment
for which the money was given, shall be guilty of a misdemeanor;
provided, however, that normal trade discount for prompt payment
shall not be considered a violation of this section.



532f. (a) (1) A person, other than the loan applicant, who commits
a public offense under paragraph (1), (2), or (3) of Section 532a in
connection with an application for a loan to be secured by real
property is guilty of a misdemeanor, 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 the fine and
imprisonment.
(2) The court shall determine the amount of any economic loss to
a victim caused by the criminal conduct of the defendant and shall,
to the extent possible, order the defendant to make restitution to
the victim in that amount.
(b) An applicant for a loan to be secured by real property who
violates paragraph (1), (2), or (3) of Section 532a is guilty of a
misdemeanor, punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding six
months, or by both the fine and imprisonment.
(c) This section shall not be construed to preclude the
application of any other law that may apply to a transaction.



533. Every person who, after once selling, bartering, or disposing
of any tract of land or town lot, or after executing any bond or
agreement for the sale of any land or town lot, again willfully and
with intent to defraud previous or subsequent purchasers, sells,
barters, or disposes of the same tract of land or town lot, or any
part thereof, or willfully and with intent to defraud previous or
subsequent purchasers, executes any bond or agreement to sell,
barter, or dispose of the same land or lot, or any part thereof, to
any other person for a valuable consideration, is punishable by
imprisonment in the state prison.


534. Every married person who falsely and fraudulently represents
himself or herself as competent to sell or mortgage any real estate,
to the validity of which sale or mortgage the assent or concurrence
of his wife or her husband is necessary, and under such
representations willfully conveys or mortgages the same, is guilty of
felony.



535. Every person who obtains any money or property from another,
or obtains the signature of another to any written instrument, the
false making of which would be forgery, by means of any false or
fraudulent sale of property or pretended property, by auction, or by
any of the practices known as mock auctions, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year, or by fine not exceeding two thousand dollars ($2,000), or
by both such fine and imprisonment, and, in addition, is
disqualified for a period of three years from acting as an auctioneer
in this state.


536. Every commission merchant, broker, agent, factor, or
consignee, who shall willfully and corruptly make, or cause to be
made, to the principal or consignor of such commission merchant,
agent, broker, factor, or consignee, a false statement as to the
price obtained for any property consigned or entrusted for sale, or
as to the quality or quantity of any property so consigned or
entrusted, or as to any expenditures made in connection therewith,
shall be deemed guilty of a misdemeanor, and on conviction thereof,
shall be punished by fine not exceeding one thousand dollars ($1,000)
and not less than two hundred dollars ($200), or by imprisonment in
the county jail not exceeding six months and not less than 10 days,
or by both such fine and imprisonment.



536a. It is hereby made the duty of every commission merchant,
broker, factor, or consignee, to whom any property is consigned or
entrusted for sale, to make, when accounting therefor or
subsequently, upon the written demand of his principal or consignor,
a true written statement setting forth the name and address of the
person or persons to whom a sale of the said property, or any portion
thereof, was made, the quantity so sold to each purchaser, and the
respective prices obtained therefor; provided, however, that unless
separate written demand shall be made as to each consignment or
shipment regarding which said statement is desired, prior to sale, it
shall be sufficient to set forth in said statement only so many of
said matters above enumerated as said commission merchant, broker,
factor, or consignee may be able to obtain from the books of account
kept by him; and that said statement shall not be required in case of
cash sales where the amount of the transaction is less than fifty
dollars. Any person violating the provisions of this section is
guilty of a misdemeanor.



537. (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
(1) If the value of the credit, food, fuel, services, or
accommodations is four hundred dollars ($400) or less, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a term not exceeding six months, or both.
(2) If the value of the credit, food, fuel, services, or
accommodations is greater than four hundred dollars ($400), by
imprisonment in the county jail for a term of not more than one year,
or in the state prison.
(b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
(c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
(1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
(2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations.



537b. Any person who obtains any livery hire or other accommodation
at any livery or feed stable, kept for profit, in this state,
without paying therefor, with intent to defraud the proprietor or
manager thereof; or who obtains credit at any such livery or feed
stable by the use of any false pretense; or who after obtaining a
horse, vehicle, or other property at such livery or feed stable,
willfully or maliciously abuses the same by beating, goading,
overdriving or other willful or malicious conduct, or who after
obtaining such horse, vehicle, or other property, shall, with intent
to defraud the owner, manager or proprietor of such livery or feed
stable, keep the same for a longer period, or take the same to a
greater distance than contracted for; or allow a feed bill or other
charges to accumulate against such property, without paying therefor;
or abandon or leave the same, is guilty of a misdemeanor.



537c. Every owner, manager, proprietor, or other person, having the
management, charge or control of any livery stable, feed or boarding
stable, and every person pasturing stock, who shall receive and take
into his possession, charge, care or control, any horse, mare, or
other animal, or any buggy, or other vehicle, belonging to any other
person, to be by him kept, fed, or cared for, and who, while said
horse, mare or other animal or buggy or other vehicle, is thus in his
possession, charge, care or under his control, as aforesaid, shall
drive, ride or use, or knowingly permit or allow any person other
than the owner or other person entitled so to do, to drive, ride, or
otherwise use the same, without the consent or permission of the
owner thereof, or other person charged with the care, control or
possession of such property, shall be guilty of a misdemeanor.



537e. (a) Any person who knowingly buys, sells, receives, disposes
of, conceals, or has in his or her possession any personal property
from which the manufacturer's serial number, identification number,
electronic serial number, or any other distinguishing number or
identification mark has been removed, defaced, covered, altered, or
destroyed, is guilty of a public offense, punishable as follows:
(1) If the value of the property does not exceed four hundred
dollars ($400), by imprisonment in a county jail not exceeding six
months.
(2) If the value of the property exceeds four hundred dollars
($400), by imprisonment in a county jail not exceeding one year.
(3) If the property is an integrated computer chip or panel of a
value of four hundred dollars ($400) or more, by imprisonment in the
state prison for 16 months, or 2 or 3 years or by imprisonment in a
county jail not exceeding one year.
For purposes of this subdivision, "personal property" includes,
but is not limited to, the following:
(1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
(2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
(3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
(4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
(5) Any tool or similar device, including any technical or
scientific equipment.
(6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
(7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
(8) Any clock, watch, watch case, or watch movement.
(9) Any vehicle or vessel, or any component part thereof.
(b) When property described in subdivision (a) comes into the
custody of a peace officer it shall become subject to the provision
of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2,
relating to the disposal of stolen or embezzled property. Property
subject to this section shall be considered stolen or embezzled
property for the purposes of that chapter, and prior to being
disposed of, shall have an identification mark imbedded or engraved
in, or permanently affixed to it.
(c) This section does not apply to those cases or instances where
any of the changes or alterations enumerated in subdivision (a) have
been customarily made or done as an established practice in the
ordinary and regular conduct of business, by the original
manufacturer, or by his or her duly appointed direct representative,
or under specific authorization from the original manufacturer.



537f. No storage battery composed in whole or in part of a used
container, or used plate or plates and intended for use in the
starting, lighting or ignition of automobiles, shall be sold or
offered for sale in this State unless: the word "Rebuilt" together
with the rebuilder's name and address is labeled on one side of the
battery in letters not less than one-half inch in height with a
one-eighth inch stroke.
Any person selling or offering for sale such a battery in
violation of this section shall be guilty of a misdemeanor,
punishable by a fine not exceeding two hundred fifty dollars, or by
imprisonment in the county jail for not more than six months, or by
both such fine and imprisonment.


537g. (a) Unless otherwise provided by law, any person who
knowingly removes, defaces, covers, alters or destroys a National
Crime Information Center owner identification number from the
personal property of another without permission is guilty of a
misdemeanor punishable by a fine not to exceed four hundred dollars
($400), imprisonment in the county jail not to exceed one year, or
both.
(b) This section shall not apply to any action taken by an
authorized person to dispose of property pursuant to Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code or pursuant to Chapter 12 (commencing
with Section 1407) of Title 10 of Part 2 of this code.



538. Every person, who, after mortgaging any of the property
permitted to be mortgaged by the provisions of Sections 9102 and 9109
of the Commercial Code, excepting locomotives, engines, rolling
stock of a railroad, steamboat machinery in actual use, and vessels,
during the existence of the mortgage, with intent to defraud the
mortgagee, his or her representative or assigns, takes, drives,
carries away, or otherwise removes or permits the taking, driving, or
carrying away, or other removal of the mortgaged property, or any
part thereof, from the county where it was situated when mortgaged,
without the written consent of the mortgagee, or who sells,
transfers, slaughters, destroys, or in any manner further encumbers
the mortgaged property, or any part thereof, or causes it to be sold,
transferred, slaughtered, destroyed, or further encumbered, is
guilty of theft, and is punishable accordingly. In the case of a
sale, transfer, or further encumbrance at or before the time of
making the sale, transfer, or encumbrance, the mortgagor informs the
person to whom the sale, transfer, or encumbrance is made, of the
existence of the prior mortgage, and also informs the prior mortgagee
of the intended sale, transfer, or encumbrance, in writing, by
giving the name and place of residence of the party to whom the sale,
transfer, or encumbrance is to be made.



538a. Every person who signs any letter addressed to a newspaper
with the name of a person other than himself and sends such letter to
the newspaper, or causes it to be sent to such newspaper, with
intent to lead the newspaper to believe that such letter was written
by the person whose name is signed thereto, is guilty of a
misdemeanor.



538b. Any person who wilfully wears the badge, lapel button,
rosette, or any part of the garb, robe, habit, or any other
recognized and established insignia or apparel of any secret society,
or fraternal or religious order or organization, or of any sect,
church or religious denomination, or uses the same to obtain aid or
assistance within this State, with intent to deceive, unless entitled
to wear and use the same under the constitution, by-laws or rules
and regulations, or other laws or enactments of such society, order,
organization, sect, church or religious denomination is guilty of a
misdemeanor.


538c. (a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in concert with another, and who redistributes it to
the public or who has the intent to redistribute it to the public,
is guilty of the crime of theft of advertising services which shall
be punishable as a misdemeanor.
(b) As used in this section:
(1) "Unauthorized advertisement" means any form of representation
or communication, including any handbill, newsletter, pamphlet, or
notice that contains any letters, words, or pictorial representation
that is attached to or inserted in a newspaper without a contractual
agreement between the publisher and an advertiser.
(2) "Newspaper" includes any newspaper, magazine, periodical, or
other tangible publication, whether offered for retail sale or
distributed without charge.
(c) This section does not apply if the publisher or authorized
distributor of the newspaper consents to the attachment or insertion
of the advertisement.
(d) This section does not apply to a newspaper distributor who is
directed to insert an unauthorized advertisement by a person or
company supplying the newspapers, and who is not aware that the
advertisement is unauthorized.
(e) A conviction under this section shall not constitute a
conviction for petty theft.



538d. (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).
(d) (1) Vendors of law enforcement uniforms shall verify that a
person purchasing a uniform identifying a law enforcement agency is
an employee of the agency identified on the uniform. Presentation and
examination of a valid identification card with a picture of the
person purchasing the uniform and identification, on the letterhead
of the law enforcement agency, of the person buying the uniform as an
employee of the agency identified on the uniform shall be sufficient
verification.
(2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000).
(3) This subdivision shall not apply if the uniform is to be used
solely as a prop for a motion picture, television, video production,
or a theatrical event, and prior written permission has been obtained
by the identified law enforcement agency.



538e. (a) Any person, other than an officer or member of a fire
department, who willfully wears, exhibits, or uses the authorized
uniform, insignia, emblem, device, label, certificate, card, or
writing of an officer or member of a fire department or a deputy
state fire marshal, with the intent of fraudulently impersonating an
officer or member of a fire department or the Office of the State
Fire Marshal, or of fraudulently inducing the belief that he or she
is an officer or member of a fire department or the Office of the
State Fire Marshal, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, who willfully wears, exhibits, or uses the badge
of a fire department or the Office of the State Fire Marshal with the
intent of fraudulently impersonating an officer, or member of a fire
department, or a deputy state fire marshal, or of fraudulently
inducing the belief that he or she is an officer or member of a fire
department, or a deputy state fire marshal, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to exceed
one year, by a fine not to exceed two thousand dollars ($2,000), or
by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, or which so resembles the authorized badge of an
officer or member of a fire department, or a deputy state fire
marshal as would deceive any ordinary reasonable person into
believing that it is authorized for the use of one who by law is
given the authority of an officer or member of a fire department or a
deputy state fire marshal, for the purpose of fraudulently
impersonating an officer or member of a fire department, or a deputy
state fire marshal, or of fraudulently inducing the belief that he or
she is an officer or member of a fire department, or a deputy state
fire marshal, is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one year, by a fine not to exceed two
thousand dollars ($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of an officer, or member of a fire
department or a deputy state fire marshal, or which so resembles the
authorized badge, insignia, emblem, device, label, certificate, card,
or writing of an officer or member of a fire department or a deputy
state fire marshal as would deceive an ordinary reasonable person
into believing that it is authorized for use by an officer or member
of a fire department or a deputy state fire marshal, is guilty of a
misdemeanor, except that any person who makes or sells any badge
under the circumstances described in this subdivision is guilty of a
misdemeanor punishable by a fine not to exceed fifteen thousand
dollars ($15,000).
(d) Any person who, for the purpose of selling, leasing or
otherwise disposing of merchandise, supplies or equipment used in
fire prevention or suppression, falsely represents, in any manner
whatsoever, to any other person that he or she is a fire marshal,
fire inspector or member of a fire department, or that he or she has
the approval, endorsement or authorization of any fire marshal, fire
inspector or fire department, or member thereof, is guilty of a
misdemeanor.
(e) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
(2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code representing
firefighters or a state or international organization to which it is
affiliated.


538f. Any person, other than an employee of a public utility or
district as defined in Sections 216 and 11503 of the Public Utilities
Code, respectively, who willfully presents himself or herself to a
utility or district customer with the intent of fraudulently
personating an employee of a public utility or district, or of
fraudulently inducing the belief that he or she is an employee of a
public utility or district, is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail not to exceed six months,
or by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment. Nothing in this section shall be
construed to prohibit conduct that arguably constitutes protected
activity under state labor law or the National Labor Relations Act
(Title 29, United States Code, Section 151 and following).



538g. (a) Any person, other than a state, county, city, special
district, or city and county officer or employee, who willfully
wears, exhibits, or uses the authorized badge, photographic
identification card, or insignia of a state, county, city, special
district, or city and county officer or employee, with the intent of
fraudulently personating a state, county, city, special district, or
city and county officer or employee, or of fraudulently inducing the
belief that he or she is a state, county, city, special district, or
city and county officer or employee, is guilty of a misdemeanor.
(b) Any person who willfully wears, exhibits, or uses, or
willfully makes, sells, loans, gives, or transfers to another, any
badge, photographic identification card, or insignia, which falsely
purports to be for the use of a state, county, city, special
district, or city and county officer or employee, or which so
resembles the authorized badge, photographic identification card, or
insignia of a state, county, city, special district, or city and
county officer or employee as would deceive an ordinary reasonable
person into believing that it is authorized for use by a state,
county, city, special district, or city and county officer or
employee, is guilty of a misdemeanor, except that any person who
makes or sells any badge under the circumstances described in this
subdivision is subject to a fine not to exceed fifteen thousand
dollars ($15,000).
(c) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
(2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code or a state or
international organization to which it is affiliated.




538.5. Every person who transmits or causes to be transmitted by
means of wire, radio or television communication any words, sounds,
writings, signs, signals, or pictures for the purpose of furthering
or executing a scheme or artifice to obtain, from a public utility,
confidential, privileged, or proprietary information, trade secrets,
trade lists, customer records, billing records, customer credit data,
or accounting data by means of false or fraudulent pretenses,
representations, personations, or promises is guilty of an offense
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not exceeding one year.



539. Every person who, with the intent to defraud, certifies that a
person ordered by the court to participate in community service as a
condition of probation has completed the number of hours of
community service prescribed in the court order and the participant
has not completed the prescribed number of hours, is guilty of a
misdemeanor.

[هيثم الفقى]

548. (a) Every person who willfully injures, destroys, secretes,
abandons, or disposes of any property which at the time is insured
against loss or damage by theft, or embezzlement, or any casualty
with intent to defraud or prejudice the insurer, whether the property
is the property or in the possession of such person or any other
person, is punishable by imprisonment in the state prison for two,
three, or five years and by a fine not exceeding fifty thousand
dollars ($50,000).
For purposes of this section, "casualty" does not include fire.
(b) Any person who violates subdivision (a) and who has a prior
conviction of the offense set forth in that subdivision, in Section
550 of this code, or in former Section 556 or former Section 1871.1
of the Insurance Code, shall receive a two-year enhancement for each
prior conviction in addition to the sentence provided under
subdivision (a). The existence of any fact which would subject a
person to a penalty enhancement 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.



549. Any firm, corporation, partnership, or association, or any
person acting in his or her individual capacity, or in his or her
capacity as a public or private employee, who solicits, accepts, or
refers any business to or from any individual or entity with the
knowledge that, or with reckless disregard for whether, the
individual or entity for or from whom the solicitation or referral is
made, or the individual or entity who is solicited or referred,
intends to violate Section 550 of this code or Section 1871.4 of the
Insurance Code is guilty of a crime, punishable upon a first
conviction by imprisonment in the county jail for not more than one
year or by imprisonment in the state prison for 16 months, two years,
or three years, or by a fine not exceeding fifty thousand dollars
($50,000) or double the amount of the fraud, whichever is greater, or
by both that imprisonment and fine. A second or subsequent
conviction is punishable by imprisonment in the state prison or by
imprisonment in the state prison and a fine of fifty thousand dollars
($50,000). Restitution shall be ordered, including restitution for
any medical evaluation or treatment services obtained or provided.
The court shall determine the amount of restitution and the person or
persons to whom the restitution shall be paid.



550. (a) It is unlawful to do any of the following, or to aid,
abet, solicit, or conspire with any person to do any of the
following:
(1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss or injury, including
payment of a loss or injury under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury,
including presentation of multiple claims to more than one insurer,
with an intent to defraud.
(3) Knowingly cause or participate in a vehicular collision, or
any other vehicular accident, for the purpose of presenting any false
or fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payments
of a loss for theft, destruction, damage, or conversion of a motor
vehicle, a motor vehicle part, or contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the
intent to present or use it, or to allow it to be presented, in
support of any false or fraudulent claim.
(6) Knowingly make or cause to be made any false or fraudulent
claim for payment of a health care benefit.
(7) Knowingly submit a claim for a health care benefit that was
not used by, or on behalf of, the claimant.
(8) Knowingly present multiple claims for payment of the same
health care benefit with an intent to defraud.
(9) Knowingly present for payment any undercharges for health care
benefits on behalf of a specific claimant unless any known
overcharges for health care benefits for that claimant are presented
for reconciliation at that same time.
(10) For purposes of paragraphs (6) to (9), inclusive, a claim or
a claim for payment of a health care benefit also means a claim or
claim for payment submitted by or on the behalf of a provider of any
workers' compensation health benefits under the Labor Code.
(b) It is unlawful to do, or to knowingly assist or conspire with
any person to do, any of the following:
(1) Present or cause to be presented any written or oral statement
as part of, or in support of or opposition to, a claim for payment
or other benefit pursuant to an insurance policy, knowing that the
statement contains any false or misleading information concerning any
material fact.
(2) Prepare or make any written or oral statement that is intended
to be presented to any insurer or any insurance claimant in
connection with, or in support of or opposition to, any claim or
payment or other benefit pursuant to an insurance policy, knowing
that the statement contains any false or misleading information
concerning any material fact.
(3) Conceal, or knowingly fail to disclose the occurrence of, an
event that affects any person's initial or continued right or
entitlement to any insurance benefit or payment, or the amount of any
benefit or payment to which the person is entitled.
(4) Prepare or make any written or oral statement, intended to be
presented to any insurer or producer for the purpose of obtaining a
motor vehicle insurance policy, that the person to be the insured
resides or is domiciled in this state when, in fact, that person
resides or is domiciled in a state other than this state.
(c) (1) Every person who violates paragraph (1), (2), (3), (4), or
(5) of subdivision (a) is guilty of a felony punishable by
imprisonment in the state prison for two, three, or five years, and
by a fine not exceeding fifty thousand dollars ($50,000), or double
the amount of the fraud, whichever is greater.
(2) Every person who violates paragraph (6), (7), (8), or (9) of
subdivision (a) is guilty of a public offense.
(A) When the claim or amount at issue exceeds four hundred
dollars ($400), the offense is punishable by imprisonment in the
state prison for two, three, or five years, or by a fine not
exceeding fifty thousand dollars ($50,000) or double the amount of
the fraud, whichever is greater, or by both that imprisonment and
fine, or by imprisonment in a county jail not to exceed one year, by
a fine of not more than ten thousand dollars ($10,000), or by both
that imprisonment and fine.
(B) When the claim or amount at issue is four hundred dollars
($400) or less, the offense is punishable by imprisonment in a county
jail not to exceed six months, or by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine,
unless the aggregate amount of the claims or amount at issue exceeds
four hundred dollars ($400) in any 12-consecutive-month period, in
which case the claims or amounts may be charged as in subparagraph
(A).
(3) Every person who violates paragraph (1), (2), (3), or (4) of
subdivision (b) shall be punished by imprisonment in the state prison
for two, three, or five years, or by a fine not exceeding fifty
thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine, or by
imprisonment in a county jail not to exceed one year, or by a fine of
not more than ten thousand dollars ($10,000), or by both that
imprisonment and fine.
(4) Restitution shall be ordered for a person convicted of
violating this section, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid.
(d) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of a
sentence be suspended for, any adult person convicted of felony
violations of this section who previously has been convicted of
felony violations of this section or Section 548, or of Section
1871.4 of the Insurance Code, or former Section 556 of the Insurance
Code, or former Section 1871.1 of the Insurance Code as an adult
under charges separately brought and tried two or more times. The
existence of any fact that would make a person ineligible for
probation under this subdivision shall be alleged in the information
or indictment, and either admitted by the defendant in an 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.
Except when the existence of the fact was not admitted or found to
be true or the court finds that a prior felony conviction was
invalid, the court shall not strike or dismiss any prior felony
convictions alleged in the information or indictment.
This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) Except as otherwise provided in subdivision (f), any person
who violates subdivision (a) or (b) and who has a prior felony
conviction of an offense set forth in either subdivision (a) or (b),
in Section 548, in Section 1871.4 of the Insurance Code, in former
Section 556 of the Insurance Code, or in former Section 1871.1 of the
Insurance Code shall receive a two-year enhancement for each prior
felony conviction in addition to the sentence provided in subdivision
(c). The existence of any fact that would subject a person to a
penalty enhancement 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. Any person who violates this
section shall be subject to appropriate orders of restitution
pursuant to Section 13967 of the Government Code.
(f) Any person who violates paragraph (3) of subdivision (a) and
who has two prior felony convictions for a violation of paragraph (3)
of subdivision (a) shall receive a five-year enhancement in addition
to the sentence provided in subdivision (c). The existence of any
fact that would subject a person to a penalty enhancement 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.
(g) Except as otherwise provided in Section 12022.7, any person
who violates paragraph (3) of subdivision (a) shall receive a
two-year enhancement for each person other than an accomplice who
suffers serious bodily injury resulting from the vehicular collision
or accident in a violation of paragraph (3) of subdivision (a).
(h) This section shall not be construed to preclude the
applicability of any other provision of criminal law or equitable
remedy that applies or may apply to any act committed or alleged to
have been committed by a person.
(i) Any fine imposed pursuant to this section shall be doubled if
the offense was committed in connection with any claim pursuant to
any automobile insurance policy in an auto insurance fraud crisis
area designated by the Insurance Commissioner pursuant to Article 4.6
(commencing with Section 1874.90) of Chapter 12 of Part 2 of
Division 1 of the Insurance Code.



551. (a) It is unlawful for any automotive repair dealer,
contractor, or employees or agents thereof to offer to any insurance
agent, broker, or adjuster any fee, commission, profit sharing, or
other form of direct or indirect consideration for referring an
insured to an automotive repair dealer or its employees or agents for
vehicle repairs covered under a policyholder's automobile physical
damage or automobile collision coverage, or to a contractor or its
employees or agents for repairs to or replacement of a structure
covered by a residential or commercial insurance policy.
(b) Except in cases in which the amount of the repair or
replacement claim has been determined by the insurer and the repair
or replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer, it is unlawful for any automotive repair
dealer, contractor, or employees or agents thereof to knowingly offer
or give any discount intended to offset a deductible required by a
policy of insurance covering repairs to or replacement of a motor
vehicle or residential or commercial structure. This subdivision
does not prohibit an advertisement for repair or replacement services
at a discount as long as the amount of the repair or replacement
claim has been determined by the insurer and the repair or
replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer.
(c) A violation of this section is a public offense. Where the
amount at issue exceeds four hundred dollars ($400), the offense is
punishable by imprisonment in the state prison for 16 months, or 2 or
3 years, by a fine of not more than ten thousand dollars ($10,000),
or by both that imprisonment and fine; or by imprisonment in a county
jail not to exceed one year, by a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine. In all
other cases, the offense is punishable by imprisonment in a county
jail not to exceed six months, by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine.
(d) Every person who, having been convicted of subdivision (a) or
(b), or Section 7027.3 or former Section 9884.75 of the Business and
Professions Code 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 subdivision
(a) or (b), upon a subsequent conviction of one of those offenses,
shall be punished by imprisonment in the state prison for 16 months,
or 2 or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not to exceed one year, by a fine of not more than
one thousand dollars ($1,000), or by both that imprisonment and fine.

(e) For purposes of this section:
(1) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(2) "Contractor" has the same meaning as set forth in Section 7026
of the Business and Professions Code.

[هيثم الفقى]

Trespassing or Loitering Near Posted Industrial
Property


552. This article does not apply to any entry in the course of duty
of any peace or police officer or other duly authorized public
officer, nor does it apply to the lawful use of an established and
existing right of way for public road purposes.




552.1. This article does not prohibit:
(a) Any lawful activity for the purpose of engaging in any
organizational effort on behalf of any labor union, agent, or member
thereof, or of any employee group, or any member thereof, employed or
formerly employed in any place of business or manufacturing
establishment described in this article, or for the purpose of
carrying on the lawful activities of labor unions, or members
thereof.
(b) Any lawful activity for the purpose of investigation of the
safety of working conditions on posted property by a representative
of a labor union or other employee group who has upon his person
written evidence of due authorization by his labor union or employee
group to make such investigation.



553. The following definitions apply to this article only:
(a) "Sign" means a sign not less than one (1) square foot in area
and upon which in letters not less than two inches in height appear
the words "trespassing-loitering forbidden by law," or words
describing the use of the property followed by the words "no
trespassing."
(b) "Posted property" means any property specified in Section 554
which is posted in a manner provided in Section 554.1.
(c) "Posted boundary" means a line running from sign to sign and
such line need not conform to the legal boundary or legal description
of any lot, parcel, or acreage of land, but only the area within the
posted boundary shall constitute posted property, except as
otherwise provided in subdivision (e) of Section 554. 1.



554. Any property, except that portion of such property to which
the general public is accorded access, may be posted against
trespassing and loitering in the manner provided in Section 554.1,
and thereby become posted property subject to the provisions of this
article applicable to posted property, if such property consists of,
or is used, or is designed to be used, for any one or more of the
following:
(a) An oil well, oilfield, tank farm, refinery, compressor plant,
absorption plant, bulk plant, marine terminal, pipeline, pipeline
pumping station, or reservoir, or any other plant, structure, or
works, used for the production, extraction, treatment, handling,
storage, or transportation, of oil, gas, gasoline, petroleum, or any
product or products thereof.
(b) A gas plant, gas storage station, gas meter, gas valve, or
regulator station, gas odorant station, gas pipeline, or
appurtenances, or any other property used in the transmission or
distribution of gas.
(c) A reservoir, dam, generating plant, receiving station,
distributing station, transformer, transmission line, or any
appurtenances, used for the storage of water for the generation of
hydroelectric power, or for the generation of electricity by water or
steam or by any other apparatus or method suitable for the
generation of electricity, or for the handling, transmission,
reception, or distribution of electric energy.
(d) Plant, structures or facilities used for or in connection with
the rendering of telephone or telegraph service or for radio or
television broadcasting.
(e) A water well, dam, reservoir, pumping plant, aqueduct, canal,
tunnel, siphon, conduit, or any other structure, facility, or
conductor for producing, storing, diverting, conserving, treating, or
conveying water.
(f) The production, storage, or manufacture of munitions,
dynamite, black blasting powder, gunpowder, or other explosives.
(g) A railroad right-of-way, railroad bridge, railroad tunnel,
railroad shop, railroad yard, or other railroad facility.
(h) A plant and facility for the collection, pumping,
transmission, treatment, outfall, and disposal of sanitary sewerage
or storm and waste water, including a water pollution or quality
control facility.
(i) A quarry used for the purpose of extracting surface or
subsurface material or where explosives are stored or used for that
purpose.



554.1. Any property described in Section 554 may be posted against
trespassing and loitering in the following manner:
(a) If it is not enclosed within a fence and if it is of an area
not exceeding one (1) acre and has no lineal dimension exceeding one
(1) mile, by posting signs at each corner of the area and at each
entrance.
(b) If it is not enclosed within a fence, and if it is of an area
exceeding one (1) acre, or contains any lineal dimension exceeding
one (1) mile, by posting signs along or near the exterior boundaries
of the area at intervals of not more than 600 feet, and also at each
corner, and, if such property has a definite entrance or entrances,
at each such entrance.
(c) If it is enclosed within a fence and if it is of an area not
exceeding one (1) acre, and has no lineal dimension exceeding one (1)
mile, by posting signs at each corner of such fence and at each
entrance.
(d) If it is enclosed within a fence and if it is of an area
exceeding one (1) acre, or has any lineal dimension exceeding one (1)
mile, by posting signs on, or along the line of, such fence at
intervals of not more than 600 feet, and also at each corner and at
each entrance.
(e) If it consists of poles or towers or appurtenant structures
for the suspension of wires or other conductors for conveying
electricity or telegraphic or telephonic messages or of towers or
derricks for the production of oil or gas, by affixing a sign upon
one or more sides of such poles, towers, or derricks, but such
posting shall render only the pole, tower, derrick, or appurtenant
structure posted property.



555. It is unlawful to enter or remain upon any posted property
without the written permission of the owner, tenant, or occupant in
legal possession or control thereof. Every person who enters or
remains upon posted property without such written permission is
guilty of a separate offense for each day during any portion of which
he enters or remains upon such posted property.



555.1. It is unlawful, without authority, to tear down, deface or
destroy any sign posted pursuant to this article.



555.2. It is unlawful to loiter in the immediate vicinity of any
posted property. This section does not prohibit picketing in such
immediate vicinity or any lawful activity by which the public is
informed of the existence of an alleged labor dispute.




555.3. Violation of any of the provisions of this article is a
misdemeanor.


555.4. The provisions of this article are applicable throughout the
State in all counties and municipalities and no local authority shall
enact or enforce any ordinance in conflict with such provisions.



555.5. If any provision of this article, or the application thereof
to any person or circumstance, is held to be invalid, the remainder
of the article, and the application of such provision to other
persons or circumstances, shall not be affected thereby.
If any section, subsection, sentence, clause, or phrase of this
article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity or constitutionality of
the remaining portions of this article. The Legislature hereby
declares that it would have passed this article and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the
fact that one or more of the sections, subsections, sentences,
clauses, or phrases thereof be declared unconstitutional or invalid.

[هيثم الفقى]

Property

556. It is a misdemeanor for any person to place or maintain, or
cause to be placed or maintained without lawful permission upon any
property of the State, or of a city or of a county, any sign,
picture, transparency, advertisement, or mechanical device which is
used for the purpose of advertising or which advertises or brings to
notice any person, article of merchandise, business or profession, or
anything that is to be or has been sold, bartered, or given away.



556.1. It is a misdemeanor for any person to place or maintain or
cause to be placed or maintained upon any property in which he has no
estate or right of possession any sign, picture, transparency,
advertisement, or mechanical device which is used for the purpose of
advertising, or which advertises or brings to notice any person,
article of merchandise, business or profession, or anything that is
to be or has been sold, bartered, or given away, without the consent
of the owner, lessee, or person in lawful possession of such property
before such sign, picture, transparency, advertisement, or
mechanical device is placed upon the property.




556.2. Sections 556 and 556.1 do not prevent the posting of any
notice required by law or order of any court, to be posted, nor the
posting or placing of any notice, particularly pertaining to the
grounds or premises upon which the notice is so posted or placed, nor
the posting or placing of any notice, sign, or device used
exclusively for giving public notice of the name, direction or
condition of any highway, street, lane, road or alley.



556.3. Any sign, picture, transparency, advertisement, or
mechanical device placed on any property contrary to the provisions
of Sections 556 and 556.1, is a public nuisance.



556.4. For purposes of this article, information that appears on
any sign, picture, transparency, advertisement, or mechanical device
such as, but not limited to, the following, may be used as evidence
to establish the fact, and may create an inference, that a person or
entity is responsible for the posting of the sign, picture,
transparency, advertisement, or mechanical device:
(a) The name, telephone number, address, or other identifying
information regarding the real estate broker, real estate brokerage
firm, real estate agent, or other person associated with the firm.
(b) The name, telephone number, address, or other identifying
information of the owner or lessee of property used for a commercial
activity or event.
(c) The name, telephone number, address, or other identifying
information of the sponsor or promoter of a sporting event, concert,
theatrical performance, or similar activity or event.

[هيثم الفقى]

Trespass on Property Belonging to the University
of California
558. Every person other than an officer, employee or student of the
University of California, or licensee of the Regents of the
University of California, is forbidden to enter upon those lands
bordering on the Pacific Ocean in San Diego County, which were
granted by Section 1 of Chapter 514 of the Statutes of 1929 to the
Regents of the University of California for the uses and purposes of
the University of California in connection with scientific research
and investigation at the Scripps Institution of Oceanography, or upon
state waters adjacent thereto, or to trespass upon the same, or to
interfere with the exclusive possession, occupation, and use thereof
by the Regents of the University of California.
Nothing herein contained shall be deemed or construed to affect in
any manner the rights of navigation and fishery reserved to the
people by the Constitution.


558.1. Every person who violates any of the provisions of Section
558 is guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than six hundred dollars ($600) or by
imprisonment for not more than 30 days, or by both such fine and
imprisonment.

[هيثم الفقى]

560. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a document of title,
or any person who secures the issue by a bailee of a document of
title, or any person who negotiates or transfers for value a document
of title knowing that the goods for which such document is issued
have not been actually received by such bailee or are not under his
control at the time of issuing such receipt shall be guilty of a
crime and upon conviction shall be punished for each offense by
imprisonment in the state prison or by a fine not exceeding ten
thousand dollars ($10,000) or by both.



560.1. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who fraudulently issues or aids in fraudulently
issuing a receipt for goods knowing that it contains any false
statement shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.



560.2. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who delivers goods out of the possession of such
bailee knowing that a negotiable document of title the negotiation of
which would transfer the right to the possession of such goods is
outstanding and uncanceled without obtaining possession of such
document at or before the time for such delivery shall, except for
the cases in Sections 7210, 7308, 7601 and 7602 of the Uniform
Commercial Code, be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.




560.3. Any person who deposits goods with a bailee, as defined in
Section 7102 of the Uniform Commercial Code, to which he has not
title or upon which there is a security interest and who takes for
such goods a negotiable document of title which he afterwards
negotiates for value with intent to deceive and without disclosing
his want of title or the existence of the security interest shall be
guilty of a crime, and upon conviction shall be punished for such
offense by imprisonment not exceeding one year or by a fine not
exceeding one thousand dollars ($1,000) or by both.



560.4. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a duplicate or
additional negotiable document of title for goods knowing that a
former negotiable document of title for the same goods or any part
of them is outstanding and uncanceled without plainly placing upon
the face thereof the word "duplicate," except in cases of bills in a
set and documents issued as substitutes for lost, stolen or destroyed
documents, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment in the state prison or by a
fine not exceeding ten thousand dollars ($10,000) or by both.




560.5. Where there are deposited with or held by a warehouseman
goods of which he is owner either solely or jointly or in common with
others such warehouseman or any of his officers, agents, or servants
who knowing of this ownership issues or aids in issuing a negotiable
document of title for such goods which does not state such
ownership, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.



560.6. (1) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument
purporting to be a warehouse receipt, or in the similitude of a
warehouse receipt, or designed to be understood as a warehouse
receipt, for goods, wares, or merchandise stored or deposited, or
claimed to be stored or deposited, in any warehouse, public or
private, in any other state, unless such receipt, certificate, or
other written instrument has been issued by the warehouseman
operating such warehouse.
(2) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument for
goods, wares, or merchandise claimed to be stored or deposited, in
any warehouse, public or private, in any other state, knowing that
there is no such warehouse located at the place named in such
receipt, certificate, or other written instrument, or if there is a
warehouse at such place knowing that there are no goods, wares, or
merchandise stored or deposited therein as specified in such receipt,
certificate, or other written instrument.
(3) A corporation, firm, or person, and its or his agents or
employees shall not issue, sign, sell, pledge, assign, or transfer in
this State any receipt, certificate, or other written instrument
evidencing, or purporting to evidence, the creation of a security
interest in, or sale, or bailment, of any goods, wares, or
merchandise stored or deposited, or claimed to be stored or
deposited, in any warehouse, public or private, in any other state,
unless such receipt, certificate, or other written instrument plainly
designates the number and location of such warehouse and contains a
full, true, and complete copy of the receipt issued by the
warehouseman operating the warehouse in which such goods, wares, or
merchandise is stored or deposited, or is claimed to be stored or
deposited. This section shall not apply to the issue, signing, sale,
pledge, assignment, or transfer of bona fide warehouse receipts
issued by the warehouseman operating public or bonded warehouses in
other states according to the laws of the state in which such
warehouses are located.
(4) Every corporation, firm, person, agent, or employee, who
knowingly violates any of the provisions of this section is guilty of
a misdemeanor, and shall be fined not less than fifty dollars ($50)
nor more than one thousand dollars ($1,000), and may in addition be
imprisoned in the county jail for not exceeding six months.

[هيثم الفقى]

CRIMES INVOLVING BRANDED CONTAINERS, CABINETS,
OR OTHER DAIRY EQUIPMENT


565. It is a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or both, for an unauthorized person to possess
or use, or to obliterate or destroy the brand registration upon,
containers (including milk cases), cabinets, or other dairy
equipment, which have a value of four hundred dollars ($400) or less,
when the containers, cabinets, or other dairy equipment are marked
with a brand that is registered pursuant to Chapter 10 (commencing
with Section 34501) of Part 1 of Division 15 of the Food and
Agricultural Code. "Unauthorized person" shall have the meaning of
that term as defined in Section 34564 of the Food and Agricultural
Code.



566. It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment, or both,
for an unauthorized person to possess or use, or to obliterate or
destroy the brand registration upon, containers (including milk
cases), cabinets, or other dairy equipment, which have a value in
excess of four hundred dollars ($400), when the containers, cabinets,
or other dairy equipment are marked with a brand that is registered
pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of
Division 15 of the Food and Agricultural Code. "Unauthorized person"
shall have the meaning of that term as defined in Section 34564 of
the Food and Agricultural Code.

[هيثم الفقى]

570. An act of unlawful subleasing of a motor vehicle, as defined
in Section 571, shall be punishable by imprisonment in the state
prison or in the county jail for not more than one year, or by a fine
of not more than ten thousand dollars ($10,000), or by both that
fine and imprisonment.



571. (a) A person engages in an act of unlawful subleasing of a
motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract, conditional
sale contract, or security agreement the terms of which prohibit the
transfer or assignment of any right or interest in the motor vehicle
or under the lease contract, conditional sale contract, or security
agreement.
(2) The person is not a party to the lease contract, conditional
sale contract, or security agreement.
(3) The person transfers or assigns, or purports to transfer or
assign, any right or interest in the motor vehicle or under the lease
contract, conditional sale contract, or security agreement, to any
person who is not a party to the lease contract, conditional sale
contract, or security agreement.
(4) The person does not obtain, prior to the transfer or
assignment described in paragraph (3), written consent to the
transfer or assignment from the motor vehicle's lessor, seller, or
secured party.
(5) The person receives compensation or some other consideration
for the transfer or assignment described in paragraph (3).
(b) A person engages in an act of unlawful subleasing of a motor
vehicle when the person is not a party to the lease contract,
conditional sale contract, or security agreement, and assists,
causes, or arranges an actual or purported transfer or assignment, as
described in subdivision (a).



572. (a) The actual or purported transfer or assignment, or the
assisting, causing, or arranging of an actual or purported transfer
or assignment, of any right or interest in a motor vehicle or under a
lease contract, conditional sale contract, or security agreement, by
an individual who is a party to the lease contract, conditional sale
contract, or security agreement is not an act of unlawful subleasing
of a motor vehicle and is not subject to prosecution.
(b) This chapter shall not affect the enforceability of any
provision of any lease contract, conditional sale contract, security
agreement, or direct loan agreement by any party thereto.




573. (a) The penalties under this chapter are in addition to any
other remedies or penalties provided by law for the conduct
proscribed by this chapter.
(b) If any provision of this chapter or the application thereof to
any person or circumstance is held to be unconstitutional, the
remainder of the chapter and the application of its provisions to
other persons and circumstances shall not be affected thereby.




574. As used in this chapter, the following terms have the
following meanings:
(a) "Buyer" has the meaning set forth in subdivision (c) of
Section 2981 of the Civil Code.
(b) "Conditional sale contract" has the meaning set forth in
subdivision (a) of Section 2981 of the Civil Code. Notwithstanding
subdivision (k) of Section 2981 of the Civil Code, "conditional sale
contract" includes any contract for the sale or bailment of a motor
vehicle between a buyer and a seller primarily for business or
commercial purposes.
(c) "Direct loan agreement" means an agreement between a lender
and a purchaser whereby the lender has advanced funds pursuant to a
loan secured by the motor vehicle which the purchaser has purchased.

(d) "Lease contract" means a lease contract between a lessor and
lessee as this term and these parties are defined in Section 2985.7
of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7
of the Civil Code, "lease contract" includes a lease for business or
commercial purposes.
(e) "Motor vehicle" means any vehicle required to be registered
under the Vehicle Code.
(f) "Person" means an individual, company, firm, association,
partnership, trust, corporation, limited liability company, or other
legal entity.
(g) "Purchaser" has the meaning set forth in paragraph (30) of
subdivision (b) of Section 1201 of the Commercial Code.
(h) "Security agreement" and "secured party" have the meanings set
forth, respectively, in paragraphs (73) and (72) of subdivision (a)
of Section 9102 of the Commercial Code. "Security interest" has the
meaning set forth in paragraph (35) of subdivision (b) of Section
1201 of the Commercial Code.
(i) "Seller" has the meaning set forth in subdivision (b) of
Section 2981 of the Civil Code, and includes the present holder of
the conditional sale contract.

[هيثم الفقى]

577. Every person, being the master, owner or agent of any vessel,
or officer or agent of any railroad, express or transportation
company, or otherwise being or representing any carrier, who delivers
any bill of lading, receipt or other voucher, by which it appears
that any merchandise of any description has been shipped on board any
vessel, or delivered to any railroad, express or transportation
company or other carrier, unless the same has been so shipped or
delivered, and is at the time actually under the control of such
carrier or the master, owner or agent of such vessel, or of some
officer or agent of such company, to be forwarded as expressed in
such bill of lading, receipt or voucher, is punishable by
imprisonment in the state prison, or by a fine not exceeding one
thousand dollars ($1,000), or both.



578. Every person carrying on the business of a warehouseman,
wharfinger, or other depositary of property, who issues any receipt,
bill of lading, or other voucher for any merchandise of any
description, which has not been actually received upon the premises
of such person, and is not under his actual control at the time of
issuing such instrument, whether such instrument is issued to a
person as being the owner of such merchandise or as security for any
indebtedness, is punishable by imprisonment in the state prison, or
by a fine not exceeding one thousand dollars ($1,000), or both.



579. No person shall be convicted of an offense under Section 577
or 578 by reason that the contents of any barrel, box, case, cask, or
other vessel or package mentioned in the bill of lading, receipt, or
other voucher did not correspond with the description given in the
instrument of the merchandise received, if the description
corresponded substantially with the marks, labels, or brands upon
the outside of the vessel or package, unless it appears that the
accused knew that the marks, labels, or brands were untrue.



580. Every person mentioned in this chapter, who issues any second
or duplicate receipt or voucher, of a kind specified therein, at a
time while any former receipt or voucher for the merchandise
specified in such second receipt is outstanding and uncanceled,
without writing across the face of the same the word "Duplicate," in
a plain and legible manner, is punishable by imprisonment in the
state prison, or by a fine not exceeding one thousand dollars
($1,000), or both.


581. Every person mentioned in this chapter, who sells,
hypothecates, or pledges any merchandise for which any bill of
lading, receipt, or voucher has been issued by him, without the
consent in writing thereto of the person holding such bill, receipt,
or voucher, is punishable by imprisonment in the state prison, or by
a fine not exceeding one thousand dollars ($1,000), or both.



583. Section 581 does not apply where property is demanded or sold
by virtue of process of law.

[هيثم الفقى]

MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS,
BRIDGES, AND TELEGRAPHS

587. Every person who maliciously, either:
1. Removes, displaces, injures, or destroys any part of any
railroad, whether for steam or horse cars, or any track of any
railroad, or any branch or branchway, switch, turnout, bridge,
viaduct, culvert, embankment, station house, or other structure or
fixture, or any part thereof, attached to or connected with any
railroad; or,
2. Places any obstruction upon the rails or track of any railroad,
or of any switch, branch, branchway, or turnout connected with any
railroad;
Is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year.


587.1. (a) Every person who maliciously moves or causes to be
moved, without authorization, any locomotive, is guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding one year.
(b) Every person who maliciously moves or causes to be moved,
without authorization, any locomotive, when the moving creates a
substantial likelihood of causing personal injury or death to
another, is guilty of a public offense punishable by imprisonment in
the state prison, or in the county jail not exceeding one year.



587a. Every person, who, without being thereunto duly authorized by
the owner, lessee, or person or corporation engaged in the operation
of any railroad, shall manipulate or in anywise tamper or interfere
with any air brake or other device, appliance or apparatus in or upon
any car or locomotive upon such railroad, and used or provided for
use in the operation of such car or locomotive, or of any train upon
such railroad, or with any switch, signal or other appliance or
apparatus used or provided for use in the operation of such railroad,
shall be deemed guilty of a misdemeanor.



587b. Every person, who shall, without being thereunto authorized
by the owner, lessee, person or corporation operating any railroad,
enter into, climb upon, hold to, or in any manner attach himself to
any locomotive, locomotive-engine tender, freight or passenger car
upon such railroad, or any portion of any train thereon, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof shall be
punished by a fine not exceeding fifty dollars ($50), or by
imprisonment not exceeding 30 days, or by both such fine and
imprisonment.


587c. Every person who fraudulently evades, or attempts to evade
the payment of his fare, while traveling upon any railroad, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars, or
imprisonment not exceeding six months, or by both such fine and
imprisonment.



588. Every person who negligently, willfully or maliciously digs
up, removes, displaces, breaks down or otherwise injures or destroys
any state or other public highway or bridge, or any private way, laid
out by authority of law, or bridge upon any such highway or private
way, or who negligently, willfully or maliciously sprinkles, drains,
diverts or in any manner permits water from any sprinkler, ditch,
canal, flume, or reservoir to flow upon or saturate by seepage any
public highway, which act tends to damage such highway or tends to be
a hazard to traffic thereon, shall be guilty of a misdemeanor. This
section shall not apply to the natural flow of surface or flood
waters that are not diverted, accelerated or concentrated by such
person.



588a. Any person who throws or deposits any oil, glass bottle,
glass, nails, tacks, hoops, wire, cans, or any other substance likely
to injure any person, animal or vehicle upon any public highway in
the State of California shall be guilty of a misdemeanor; provided,
however, that any person who willfully deposits any such substance
upon any public highway in the State of California with the intent to
cause great bodily injury to other persons using the highway shall
be guilty of a felony.



588b. Any person who wilfully breaks down, removes, injures, or
destroys any barrier or obstruction erected or placed in or upon any
road or highway by the authorities in charge thereof, or by any
authorized contractor engaged in the construction or maintenance
thereof, or who tears down, defaces, removes, or destroys any
warnings, notices, or directional signs erected, placed or posted in,
upon, or adjacent to any road or highway, or who extinguishes,
removes, injures, or destroys any warning light or lantern, or
reflectorized warning or directional sign, erected, placed or
maintained by any such authority in, upon or adjacent to any such
road or highway, shall be guilty of a misdemeanor.



590. Every person who maliciously removes, destroys, injures,
breaks or defaces any mile post, board or stone, or guide post
erected on or near any highway, or any inscription thereon, is guilty
of a misdemeanor.


590a. One-half of all fines imposed and collected under Section 590
shall be paid to the informer who first causes a complaint to be
filed charging the defendant with the violation of Section 590.



591. A person who unlawfully and maliciously takes down, removes,
injures, or obstructs any line of telegraph, telephone, or cable
television, or any other line used to conduct electricity, or any
part thereof, or appurtenances or apparatus connected therewith, or
severs any wire thereof, or makes any unauthorized connection with
any line, other than a telegraph, telephone, or cable television
line, used to conduct electricity, or any part thereof, or
appurtenances or apparatus connected therewith, is punishable by
imprisonment in the state prison, or by a fine not exceeding five
hundred dollars ($500), or imprisonment in the county jail not
exceeding one year.



591.5. A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless communication
device with the intent to prevent the use of the device to summon
assistance or notify law enforcement or any public safety agency of a
crime is guilty of a misdemeanor.


592. (a) Every person who shall, without authority of the owner or
managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or reservoir used for the purpose of holding or
conveying water for manufacturing, agricultural, mining, irrigating,
generation of power, or domestic uses is guilty of a misdemeanor.
(b) If the total retail value of all the water taken is more than
four hundred dollars ($400), or if the defendant has previously been
convicted of an offense under this section or any former section that
would be an offense under this section, or of an offense under the
laws of another state or of the United States that would have been an
offense under this section if committed in this state, then the
violation is punishable by imprisonment in the county jail for not
more than one year, or in the state prison.



593. Every person who unlawfully and maliciously takes down,
removes, injures, interferes with, or obstructs any line erected or
maintained by proper authority for the purpose of transmitting
electricity for light, heat, or power, or any part thereof, or any
insulator or crossarm, appurtenance or apparatus connected therewith,
or severs or in any way interferes with any wire, cable, or current
thereof, is punishable by imprisonment in the state prison, or by
fine not exceeding one thousand dollars ($1,000), or imprisonment in
the county jail not exceeding one year.



593a. (a) Every person who maliciously drives or places, in any
tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic,
or other substance sufficiently hard to injure saws, knowing that
the tree is intended to be harvested or that the saw-log,
shingle-bolt, or other wood is intended to be manufactured into any
kind of lumber or other wood product, is guilty of a felony.
(b) Any person who violates subdivision (a) and causes bodily
injury to another person other than an accomplice shall, in addition
and consecutive to the punishment prescribed for that felony, be
punished by an additional prison term of three years.




593b. Every person who shall, without the written permission of the
owner, lessee, or person or corporation operating any electrical
transmission line, distributing line or system, climb upon any pole,
tower or other structure which is a part of such line or system and
is supporting or is designed to support a wire or wires, cable or
cables, for the transmission or distribution of electric energy,
shall be deemed guilty of a misdemeanor; provided, that nothing
herein shall apply to employees of either privately or publicly owned
public utilities engaged in the performance of their duties.



593c. Every person who willfully and maliciously breaks, digs up,
obstructs, interferes with, removes or injures any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the
purpose of transporting, conveying or distributing gas or other
hazardous liquids for light, heat, power or any other purpose, or any
part thereof, or any valve, meter, holder, compressor, machinery,
appurtenance, equipment or apparatus connected with any such main or
pipeline, or used in connection with or affecting the operation
thereof or the conveying of gas or hazardous liquid therethrough, or
shuts off, removes, obstructs, injures, or in any way interferes with
any valve or fitting installed on, connected to, or operated in
connection with any such main or pipeline, or controlling or
affecting the flow of gas or hazardous liquid through any such main
or pipeline, is guilty of a felony.



593d. (a) Except as provided in subdivision (e), any person who,
for the purpose of intercepting, receiving, or using any program or
other service carried by a multichannel video or information services
provider that the person is not authorized by that provider to
receive or use, commits any of the following acts is guilty of a
public offense:
(1) Knowingly and willfully makes or maintains an unauthorized
connection or connections, whether physically, electrically,
electronically, or inductively, to any cable, wire, or other
component of a multichannel video or information services provider's
system or to a cable, wire or other media, or receiver that is
attached to a multichannel video or information services provider's
system.
(2) Knowingly and willfully purchases, possesses, attaches, causes
to be attached, assists others in attaching, or maintains the
attachment of any unauthorized device or devices to any cable, wire,
or other component of a multichannel video or information services
provider's system or to a cable, wire or other media, or receiver
that is attached to a multichannel video or information services
provider's system.
(3) Knowingly and willfully makes or maintains any modification or
alteration to any device installed with the authorization of a
multichannel video or information services provider.
(4) Knowingly and willfully makes or maintains any modifications
or alterations to an access device that authorizes services or
knowingly and willfully obtains an unauthorized access device and
uses the modified, altered, or unauthorized access device to obtain
services from a multichannel video or information services provider.

For purposes of this section, each purchase, possession,
connection, attachment, or modification shall constitute a separate
violation of this section.
(b) Except as provided in subdivision (e), any person who
knowingly and willfully manufactures, assembles, modifies, imports
into this state, distributes, sells, offers to sell, advertises for
sale, or possesses for any of these purposes, any device or kit for a
device, designed, in whole or in part, to decrypt, decode,
descramble, or otherwise make intelligible any encrypted, encoded,
scrambled, or other nonstandard signal carried by a multichannel
video or information services provider, unless the device has been
granted an equipment authorization by the Federal Communications
Commission (FCC), is guilty of a public offense.
For purposes of this subdivision, "encrypted, encoded, scrambled,
or other nonstandard signal" means any type of signal or transmission
that is not intended to produce an intelligible program or service
without the use of a special device, signal, or information provided
by the multichannel video or information services provider or its
agents to authorized subscribers.
(c) Every person who knowingly and willfully makes or maintains an
unauthorized connection or connections with, whether physically,
electrically, electronically, or inductively, or who attaches, causes
to be attached, assists others in attaching, or maintains any
attachment to, any cable, wire, or other component of a multichannel
video or information services provider's system, for the purpose of
interfering with, altering, or degrading any multichannel video or
information service being transmitted to others, or for the purpose
of transmitting or broadcasting any program or other service not
intended to be transmitted or broadcast by the multichannel video or
information services provider, is guilty of a public offense.
For purposes of this section, each transmission or broadcast shall
constitute a separate violation of this section.
(d) (1) Any person who violates subdivision (a) shall be punished
by a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail not exceeding 90 days, or by both that
fine and imprisonment.
(2) Any person who violates subdivision (b) shall be punished as
follows:
(A) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of 10 or more of the items described in subdivision (b), or
the sale or offering for sale of five or more items for financial
gain, the person shall be punished by imprisonment in a county jail
not exceeding one year, or in the state prison, by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by both
that imprisonment and fine.
(B) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of nine or less of the items described in subdivision (b),
or the sale or offering for sale of four or less items for financial
gain, shall upon a conviction of a first offense, be punished by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding twenty-five thousand dollars ($25,000), or by both that
imprisonment and fine. A second or subsequent conviction shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison, by a fine not exceeding one hundred thousand
dollars ($100,000), or by both that imprisonment and fine.
(3) Any person who violates subdivision (c) shall be punished by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail, or by both that fine and imprisonment.
(e) Any device or kit described in subdivision (a) or (b) seized
under warrant or incident to a lawful arrest, upon the conviction of
a person for a violation of subdivision (a) or (b), may be destroyed
as contraband by the sheriff.
(f) Any person who violates this section shall be liable in a
civil action to the multichannel video or information services
provider 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 plus reasonable attorney's fees.
A defendant who prevails in the action shall be awarded his or her
reasonable attorney's fees.
(g) Any multichannel video or information services provider may,
in accordance with the provisions of 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 section,
and may in the same action seek damages as provided in subdivision
(f).
(h) It is not a necessary prerequisite to an action pursuant to
this section that the plaintiff has suffered, or be threatened with,
actual damages.
(i) For the purposes of this section, a "multichannel video or
information services provider" means a franchised or otherwise duly
licensed cable television system, video dialtone system, Multichannel
Multipoint Distribution Service system, Direct Broadcast Satellite
system, or other system providing video or information services that
are distributed via cable, wire, radio frequency, or other media. A
video dialtone system is a platform operated by a public utility
telephone corporation for the transport of video programming as
authorized by the Federal Communications Commission pursuant to FCC
Docket No. 87-266, and any subsequent decisions related to that
docket, subject to any rules promulgated by the FCC pursuant to those
decisions.



593e. (a) Every person who knowingly and willfully makes or
maintains an unauthorized connection or connections, whether
physically, electrically, or inductively, or purchases, possesses,
attaches, causes to be attached, assists others in or maintains the
attachment of any unauthorized device or devices to a television set
or to other equipment designed to receive a television broadcast or
transmission, or makes or maintains any modification or alteration to
any device installed with the authorization of a subscription
television system, for the purpose of intercepting, receiving, or
using any program or other service carried by the subscription
television system which the person is not authorized by that
subscription television system to receive or use, is guilty of a
misdemeanor punishable by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in a county jail not exceeding 90 days,
or by both that fine and imprisonment. For the purposes of this
section, each purchase, possession, connection, attachment or
modification shall constitute a separate violation of this section.
(b) Every person who, without the express authorization of a
subscription television system, knowingly and willfully manufactures,
imports into this state, assembles, distributes, sells, offers to
sell, possesses, advertises for sale, or otherwise provides any
device, any plan, or any kit for a device or for a printed circuit,
designed in whole or in part to decode, descramble, intercept, or
otherwise make intelligible any encoded, scrambled, or other
nonstandard signal carried by that subscription television system, is
guilty of a misdemeanor punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail, or
by both that fine and imprisonment. A second or subsequent
conviction is punishable by a fine not exceeding twenty thousand
dollars ($20,000), or by imprisonment in a county jail for up to one
year, or by both that fine and imprisonment.
(c) Any person who violates the provisions of subdivision (a)
shall be liable to the subscription television system for civil
damages in the amount of the value of the connection and subscription
fees service actually charged by the subscription television system
for the period of unauthorized use according to proof.
Any person who violates the provisions of subdivision (b) shall be
liable to the subscription television system at the election of the
subscription television system for either of the following amounts:
(1) An award of statutory damages in an aggregate amount of not
less than five hundred dollars ($500) or more than ten thousand
dollars ($10,000), as the court deems just, for each device, plan, or
kit for a device, or for a printed circuit manufactured, imported,
assembled, sold, offered for sale, possessed, advertised for sale, or
otherwise provided in violation of subdivision (b), to be awarded
instead of actual damages and profits.
(2) Three times the amount of actual damages sustained by the
plaintiff as a result of the violation or violations of this section
and any revenues which have been obtained by the defendant as a
result of the violation or violations, or an amount equal to three
times the value of the services unlawfully obtained, or the sum of
five hundred dollars ($500) for each unauthorized device
manufactured, sold, used, or distributed, whichever is greater, and,
when appropriate, punitive damages. For the purposes of this
subdivision, revenues which have been obtained by the defendant as a
result of a violation or violations of this section shall not be
included in computing actual damages.
In a case where the court finds that any activity set forth in
subdivision (b) was committed knowingly and willfully and for
purposes of commercial advantage or private financial gain, the court
in its discretion may increase the award of damages, whether actual
or statutory, by an amount of not more than fifty thousand dollars
($50,000). It shall not constitute a use for "commercial advantage
or private financial gain" for any person to receive a subscription
television signal within a residential unit as defined herein.
(d) In any civil action filed pursuant to this section, the court
shall allow the recovery of full costs plus an award of reasonable
attorney's fees to the prevailing party.
(e) Any subscription television system may, in accordance with the
provisions of 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 section without having to make a
showing of special or irreparable damage, and may in the same action
seek damages as provided in subdivision (c). Upon the execution of a
proper bond against damages for an injunction improvidently granted,
a temporary restraining order or a preliminary injunction may be
issued in any action before a final determination on the merits.
(f) It is not necessary that the plaintiff have incurred actual
damages, or be threatened with incurring actual damages, as a
prerequisite to bringing an action pursuant to this section.
(g) For the purposes of this section, an encoded, scrambled, or
other nonstandard signal shall include, without limitation, any type
of distorted signal or transmission that is not intended to produce
an intelligible program or service without the use of special devices
or information provided by the sender for the receipt of this type
of signal or transmission.
(h) (1) For the purposes of this section, a "subscription
television system" means a television system which sends an encoded,
scrambled, or other nonstandard signal over the air which is not
intended to be received in an intelligible form without special
equipment provided by or authorized by the sender.
(2) For purposes of this section, "residential unit" is defined as
any single-family residence, mobilehome within a mobilehome park,
condominium, unit or an apartment or multiple-housing unit leased or
rented for residential purposes.



593f. Every person who for profit knowingly and willfully
manufactures, distributes, or sells any device or plan or kit for a
device, or printed circuit containing circuitry for decoding or
addressing with the purpose or intention of facilitating decoding or
addressing of any over-the-air transmission by a Multi-point
Distribution Service or Instructional Television Fixed Service made
pursuant to authority granted by the Federal Communications
Commission which is not authorized by the Multi-point Distribution
Service or the Instructional Television Fixed Service is guilty of a
misdemeanor punishable by a fine not exceeding two thousand five
hundred dollars ($2,500) or by imprisonment in the county jail not
exceeding 90 days, or both.



593g. Every person who, with the intent to use it in a violation of
Section 593a, possesses any iron, steel, ceramic, or other substance
sufficiently hard to injure saws or wood manufacturing or processing
equipment, shall be punished by imprisonment in the county jail not
to exceed one year.
This section shall only become operative if Senate Bill 1176 of
the 1987 -88 Regular Session of the Legislature is enacted and
becomes effective on or before January 1, 1988.

[هيثم الفقى]

594. (a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court may, in addition to any punishment
imposed under subdivision (b), order the defendant to clean up,
repair, or replace the damaged property himself or herself, or order
the defendant, and his or her parents or guardians if the defendant
is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this
subdivision 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) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) 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.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.



594.1. (a) (1) It shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or give or in
any way furnish to another person, who is in fact under the age of
18 years, any etching cream or aerosol container of paint that is
capable of defacing property without first obtaining bona fide
evidence of majority and identity.
(2) For purposes of this section, "etching cream" means any
caustic cream, gel, liquid, or solution capable, by means of a
chemical action, of defacing, damaging, or destroying hard surfaces
in a manner similar to acid.
(3) For purposes of this subdivision, "bona fide evidence of
majority and identity" is any document evidencing the age and
identity of an individual which has been issued by a federal, state,
or local governmental entity, and includes, but is not limited to, a
motor vehicle operator's license, a registration certificate issued
under the federal Selective Service Act, or an identification card
issued to a member of the armed forces.
(4) This subdivision shall not apply to the furnishing of six
ounces or less of etching cream or an aerosol container of paint to a
minor for the minor's use or possession under the supervision of the
minor's parent, guardian, instructor, or employer.
(5) Etching cream, aerosol containers of paint, or related
substances may be furnished for use in school-related activities that
are part of the instructional program when used under controlled and
supervised situations within the classroom or on the site of a
supervised project. These containers may not leave the supervised
site and shall be inventoried by the instructor. This use shall
comply with Section 32060 of the Education Code regarding the safe
use of toxic art supplies in schools.
(b) It shall be unlawful for any person under the age of 18 years
to purchase etching cream or an aerosol container of paint that is
capable of defacing property.
(c) Every retailer selling or offering for sale in this state
etching cream or aerosol containers of paint capable of defacing
property shall post in a conspicuous place a sign in letters at least
three-eighths of an inch high stating: "Any person who maliciously
defaces real or personal property with etching cream or paint is
guilty of vandalism which is punishable by a fine, imprisonment, or
both."
(d) It is unlawful for any person to carry on his or her person
and in plain view to the public etching cream or an aerosol container
of paint while in any posted public facility, park, playground,
swimming pool, beach, or recreational area, other than a highway,
street, alley, or way, unless he or she has first received valid
authorization from the governmental entity which has jurisdiction
over the public area.
As used in this subdivision, "posted" means a sign placed in a
reasonable location or locations stating it is a misdemeanor to
possess etching cream or a spray can of paint in that public
facility, park, playground, swimming pool, beach, or recreational
area without valid authorization.
(e) (1) It is unlawful for any person under the age of 18 years to
possess etching cream or an aerosol container of paint for the
purpose of defacing property while on any public highway, street,
alley, or way, or other public place, regardless of whether that
person is or is not in any automobile, vehicle, or other conveyance.

(2) As a condition of probation for any violation of this
subdivision, the court may order a defendant convicted of a violation
of this subdivision to perform community service as follows:
(A) For a first conviction under this subdivision, community
service not to exceed 100 hours over a period not to exceed 90 days
during a time other than his or her hours of school attendance or
employment.
(B) If the person has a prior conviction under this subdivision,
community service not to exceed 200 hours over a period of 180 days
during a time other than his or her hours of school attendance or
employment.
(C) If the person has two prior convictions under this
subdivision, community service not to exceed 300 hours over a period
not to exceed 240 days during a time other than his or her hours of
school attendance or employment.
(f) Violation of any provision of this section is a misdemeanor.
Upon conviction of any person under this section, the court may, in
addition to any other punishment imposed, if the 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 the damaged property
or another specified property in the community free of graffiti, as
follows:
(1) For a first conviction under this section, for 90 days.
(2) If the defendant has a prior conviction under this section,
for 180 days.
(3) If the defendant has two or more prior convictions under this
section, for 240 days.
Participation of a parent or guardian is not required under this
subdivision 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.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (e) or (f) to
undergo counseling.



594.2. (a) Every person who possesses a masonry or glass drill bit,
a carbide drill bit, a glass cutter, a grinding stone, an awl, a
chisel, a carbide scribe, an aerosol paint container, a felt tip
marker, or any other marking substance with the intent to commit
vandalism or graffiti, is guilty of a misdemeanor.
(b) As a condition of probation for any violation of this section,
the court may order the defendant to perform community service not
to exceed 90 hours during a time other than his or her hours of
school attendance or employment.
(c) For the purposes of this section:
(1) "Felt tip marker" means any broad-tipped marker pen with a tip
exceeding three-eighths of one inch in width, or any similar
implement containing an ink that is not water soluble.
(2) "Marking substance" means any substance or implement, other
than aerosol paint containers and felt tip markers, that could be
used to draw, spray, paint, etch, or mark.




594.3. (a) Any person who knowingly commits any act of vandalism to
a church, synagogue, mosque, temple, building owned and occupied by
a religious educational institution, or other place primarily used as
a place of worship where religious services are regularly conducted
or a cemetery is guilty of a crime punishable by imprisonment in the
state prison or by imprisonment in the county jail for not exceeding
one year.
(b) Any person who knowingly commits any act of vandalism to a
church, synagogue, mosque, temple, building owned and occupied by a
religious educational institution, or other place primarily used as a
place of worship where religious services are regularly conducted or
a cemetery, which is shown to have been a hate crime and to have
been committed for the purpose of intimidating and deterring persons
from freely exercising their religious beliefs, is guilty of a felony
punishable by imprisonment in the state prison.
(c) For purposes of this section, "hate crime" has the same
meaning as Section 422.55.



594.35. Every person is guilty of a crime and punishable by
imprisonment in the state prison or by imprisonment in a county jail
for not exceeding one year, who maliciously does any of the
following:
(a) Destroys, cuts, mutilates, effaces, or otherwise injures,
tears down, or removes any tomb, monument, memorial, or marker in a
cemetery, or any gate, door, fence, wall, post or railing, or any
inclosure for the protection of a cemetery or mortuary or any
property in a cemetery or mortuary.
(b) Obliterates any grave, vault, niche, or crypt.
(c) Destroys, cuts, breaks or injures any mortuary building or any
building, statuary, or ornamentation within the limits of a
cemetery.
(d) Disturbs, obstructs, detains or interferes with any person
carrying or accompanying human remains to a cemetery or funeral
establishment, or engaged in a funeral service, or an interment.




594.4. (a) Any person who willfully and maliciously injects into or
throws upon, or otherwise defaces, damages, destroys, or
contaminates, any structure with butyric acid, or any other similar
noxious or caustic chemical or substance, is guilty of a public
offense, punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by both
that imprisonment and fine.
(b) (1) If the amount of the defacement, damage, destruction, or
contamination is fifty thousand dollars ($50,000) or more, by a fine
of not more than fifty thousand dollars ($50,000).
(2) If the amount of the defacement, damage, destruction, or
contamination is five thousand dollars ($5,000) or more, but less
than fifty thousand dollars ($50,000), by a fine of not more than ten
thousand dollars ($10,000).
(3) If the amount of defacement, damage, destruction, or
contamination is four hundred dollars ($400) or more, but less than
five thousand dollars ($5,000), by a fine of not more than five
thousand dollars ($5,000).
(4) If the amount of the defacement, damage, destruction, or
contamination is less than four hundred dollars ($400), by a fine of
not more than one thousand dollars ($1,000).
(c) For purposes of this section, "structure" includes any house
or other building being used at the time of the offense for a
dwelling or for commercial purposes.



594.5. Nothing in this code shall invalidate an ordinance of, nor
be construed to prohibit the adoption of an ordinance by, a city,
city and county, or county, if the ordinance regulates the sale of
aerosol containers of paint or other liquid substances capable of
defacing property or sets forth civil administrative regulations,
procedures, or civil penalties governing the placement of graffiti or
other inscribed material on public or private, real or personal
property.


594.6. (a) Every person who, having been convicted of vandalism or
affixing graffiti or other inscribed material under Section 594,
594.3, 594.4, or 640.7, or any combination of these offenses, may be
ordered by the court as a condition of probation to perform community
service not to exceed 300 hours over a period not to exceed 240 days
during a time other than his or her hours of school attendance or
employment. Nothing in this subdivision shall limit the court from
ordering the defendant to perform a longer period of community
service if a longer period of community service is authorized under
other provisions of law.
(b) In lieu of the community service that may be ordered pursuant
to subdivision (a), 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 up to one
year. Participation of a parent or guardian is not required under
this subdivision 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) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) or (b) to
undergo counseling.


594.7. Notwithstanding subdivision (b) of Section 594, every person
who, having been convicted previously of vandalism under Section 594
for maliciously defacing with graffiti or other inscribed material
any real or personal property not his or her own 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 of vandalism under Section
594, shall be punished by imprisonment in a county jail not exceeding
one year, or in the state prison.



594.8. (a) Any person convicted of possession of a destructive
implement with intent to commit graffiti or willfully affixing
graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the
offense was committed when he or she was under the age of 18 years,
shall perform not less than 24 hours of community service during a
time other than his or her hours of school attendance or employment.
One parent or guardian shall be present at the community service
site for at least one-half of the hours of community service required
under this section unless participation by the parent, guardian, or
foster parent is deemed by the court to be inappropriate or
potentially detrimental to the child.
(b) In lieu of the community service required pursuant to
subdivision (a), 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 at least 60 days. Participation of a parent or
guardian is not required under this subdivision 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) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) or (b) to
undergo counseling.



595. The specification of the Acts enumerated in the following
sections of this Chapter is not intended to restrict or qualify the
interpretation of the preceding section.



596. Every person who, without the consent of the owner, wilfully
administers poison to any animal, the property of another, or exposes
any poisonous substance, with the intent that the same shall be
taken or swallowed by any such animal, is guilty of a misdemeanor.
However, the provisions of this section shall not apply in the
case of a person who exposes poisonous substances upon premises or
property owned or controlled by him for the purpose of controlling or
destroying predatory animals or livestock-killing dogs and if, prior
to or during the placing out of such poisonous substances, he shall
have posted upon the property conspicuous signs located at intervals
of distance not greater than one-third of a mile apart, and in any
case not less than three such signs having words with letters at
least one inch high reading "Warning--Poisoned bait placed out on
these premises," which signs shall be kept in place until the
poisonous substances have been removed. Whenever such signs have
been conspicuously located upon the property or premises owned or
controlled by him as hereinabove provided, such person shall not be
charged with any civil liability to another party in the event that
any domestic animal belonging to such party becomes injured or killed
by trespassing or partaking of the poisonous substance or substances
so placed.


596.5. It shall be a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior towards the elephant, which
behavior shall include the discipline of the elephant by any of the
following methods:
(a) Deprivation of food, water, or rest.
(b) Use of electricity.
(c) Physical punishment resulting in damage, scarring, or breakage
of skin.
(d) Insertion of any instrument into any bodily orifice.
(e) Use of martingales.
(f) Use of block and tackle.



596.7. (a) (1) For purposes of this section, "rodeo" means a
performance featuring competition between persons that includes three
or more of the following events: bareback bronc riding, saddle bronc
riding, bull riding, calf roping, steer wrestling, or team roping.
(2) A rodeo performed on private property for which admission is
charged, or that sells or accepts sponsorships, or is open to the
public constitutes a performance for the purpose of this subdivision.

(b) The management of any professionally sanctioned or amateur
rodeo that intends to perform in any city, county, or city and county
shall ensure that there is a veterinarian licensed to practice in
this state present at all times during the performances of the rodeo,
or a veterinarian licensed to practice in the state who is on-call
and able to arrive at the rodeo within one hour after a determination
has been made that there is an injury which requires treatment to be
provided by a veterinarian.
(c) (1) The attending or on-call veterinarian shall have complete
access to the site of any event in the rodeo that uses animals.
(2) The attending or on-call veterinarian may, for good cause,
declare any animal unfit for use in any rodeo event.
(d) (1) Any animal that is injured during the course of, or as a
result of, any rodeo event shall receive immediate examination and
appropriate treatment by the attending veterinarian or shall begin
receiving examination and appropriate treatment by a veterinarian
licensed to practice in this state within one hour of the
determination of the injury requiring veterinary treatment.
(2) The attending or on-call veterinarian shall submit a brief
written listing of any animal injury requiring veterinary treatment
to the Veterinary Medical Board within 48 hours of the conclusion of
the rodeo.
(3) The rodeo management shall ensure that there is a conveyance
available at all times for the immediate and humane removal of any
injured animal.
(e) The rodeo management shall ensure that no electric prod or
similar device is used on any animal once the animal is in the
holding chute, unless necessary to protect the participants and
spectators of the rodeo.
(f) A violation of this section is an infraction and shall be
punishable as follows:
(1) A fine of not less than five hundred dollars ($500) and not
more than two thousand dollars ($2,000) for a first violation.
(2) A fine of not less than one thousand five hundred dollars
($1,500) and not more than five thousand dollars ($5,000) for a
second or subsequent violation.



597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in a county jail for
not more than one year, or by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for every such offense, guilty of a crime
punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more
than twenty thousand dollars ($20,000).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish
as described in subdivision (d), is guilty of an offense punishable
by imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in the county jail
for not more than one year, by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(d) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.

(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(e) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (d) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(f) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as
defined in Section 599b, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of a
public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
(g) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health departments
or Medi-Cal shall be responsible for the costs of counseling
required by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section
1830.205 of Title 7 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions of
probation, including any term of imprisonment and any fine. This
provision specifies a mandatory additional term of probation and is
not to be utilized as an alternative in lieu of imprisonment in the
state prison or county jail when such a sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody. This subdivision shall not apply to cases involving police
dogs or horses as described in Section 600.


597.1. (a) Every owner, driver, or keeper of any animal who permits
the animal to be in any building, enclosure, lane, street, square,
or lot of any city, county, city and county, or judicial district
without proper care and attention is guilty of a misdemeanor. Any
peace officer, humane society officer, or animal control officer
shall take possession of the stray or abandoned animal and shall
provide care and treatment for the animal until the animal is deemed
to be in suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall immediately seize the animal
and comply with subdivision (f). In all other cases, the officer
shall comply with the provisions of subdivision (g). The cost of
caring for and treating any animal properly seized under this
subdivision shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty
of all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to its owner until
the charges are paid.
(c) Any peace officer, humane society officer, or animal control
officer shall convey all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer to be a veterinarian who ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic,
such as an emergency clinic that is not in continuous operation, the
veterinarian may, in turn, transfer the animal to an appropriate
facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he
or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
(e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
(4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.

(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the
hearing unless, prior to the hearing, the owner has made arrangements
with the agency to view the animal upon request of the agency, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce the
animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner
or keeper shall be personally liable to the seizing agency for the
cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges
permitted under this section are not paid within 14 days of the
seizure, or, if the owner, within 14 days of notice of availability
of the animal to be returned, fails to pay charges permitted under
this section and take possession of the animal, the animal shall be
deemed to have been abandoned and may be disposed of by the
impounding officer.
(i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned
to its owner until, in the determination of the seizing agency or
hearing officer, the animal is physically fit or the owner can
demonstrate to the seizing agency's or hearing officer's satisfaction
that the owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of
this section, or Section 597 or 597a, all animals lawfully seized and
impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
The court may also order, as a condition of probation, that the
convicted person be prohibited from owning, possessing, caring for,
or having any contact with, animals of any kind and require the
convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership. Any
questions regarding ownership shall be determined in a separate
hearing by the court where the criminal case was finally adjudicated
and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is
determined to be unknown or the owner is prohibited or unable to
retain possession of the animals for any reason, the court shall
order the animals to be released to the appropriate public entity for
adoption or other lawful disposition. This section is not intended
to cause the release of any animal, bird, reptile, amphibian, or
fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure
or impoundment of animals as evidence as provided for under any other
provision of law.
(l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or
contact the owner or caretaker and communications with persons
claiming to be the owner or caretaker shall be recorded and
maintained and be made available for public inspection.



597.2. (a) It shall be the duty of an officer of a pound, humane
society, or animal regulation department of a public agency to assist
in a case involving the abandonment or voluntary relinquishment of
an equine by the equine's owner. This section does not require a
pound, humane society, or animal regulation department of a public
agency to take actual possession of the equine.
(b) If a pound, humane society, or animal regulation department of
a public agency sells an equine at a private or public auction or
sale, it shall set the minimum bid for the sale of the equine at a
price above the current slaughter price of the equine.
(c) (1) This section does not prohibit a pound, humane society, or
animal regulation department of a public agency from placing an
equine through an adoption program at an adoption fee that may be set
below current slaughter price.
(2) A person adopting an equine under paragraph (1) shall submit a
written statement declaring that the person is adopting the equine
for personal use and not for purposes of resale, resale for
slaughter, or holding or transporting the equine for slaughter.




597.3. (a) Every person who operates a live animal market shall do
all of the following:
(1) Provide that no animal will be dismembered, flayed, cut open,
or have its skin, scales, feathers, or shell removed while the animal
is still alive.
(2) Provide that no live animals will be confined, held, or
displayed in a manner that results, or is likely to result, in
injury, starvation, dehydration, or suffocation.
(b) As used in this section:
(1) "Animal" means frogs, turtles, and birds sold for the purpose
of human consumption, with the exception of poultry.
(2) "Live animal market" means a retail food market where, in the
regular course of business, animals are stored alive and sold to
consumers for the purpose of human consumption.
(c) Any person who fails to comply with any requirement of
subdivision (a) shall for the first violation, be given a written
warning in a written language that is understood by the person
receiving the warning. A second or subsequent violation of
subdivision (a) shall be an infraction, punishable by a fine of not
less than two hundred fifty dollars ($250), nor more than one
thousand dollars ($1,000). However, a fine paid for a second
violation of subdivision (a) shall be deferred for six months if a
course is available that is administered by a state or local agency
on state law and local ordinances relating to live animal markets.
If the defendant successfully completes that course within six months
of entry of judgment, the fine shall be waived. The state or local
agency may charge the participant a fee to take the course, not to
exceed one hundred dollars ($100).



597.5. (a) Any person who does any of the following is guilty of a
felony and is punishable by imprisonment in a state prison for 16
months, or two or three years, or by a fine not to exceed fifty
thousand dollars ($50,000), or by both such fine and imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.
(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids or
abets that act.
(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made for an
exhibition of the fighting of dogs, with the intent to be present at
those preparations, or is knowingly present at that exhibition or at
any other fighting or injuring as described in paragraph (2) of
subdivision (a), with the intent to be present at that exhibition,
fighting, or injuring, is guilty of a misdemeanor.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by
Section 14205 of the Food and Agricultural Code, by the owner of the
livestock or his or her employees or agents or other persons in
lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game
Code, including, but not limited to, Sections 3286, 3509, 3510, 4002,
and 4756, and by the rules and regulations of the Fish and Game
Commission.
(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.




597.6. (a) (1) No person may perform, or otherwise procure or
arrange for the performance of, surgical claw removal, declawing,
onychectomy, or tendonectomy on any cat that is a member of an exotic
or native wild cat species, and shall not otherwise alter such a cat'
s toes, claws, or paws to prevent the normal function of the cat's
toes, claws, or paws.
(2) This subdivision does not apply to a procedure performed
solely for a therapeutic purpose.
(b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine of ten thousand dollars ($10,000),
or by both that imprisonment and fine.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Declawing" and "onychectomy" mean any surgical procedure in
which a portion of the animal's paw is amputated in order to remove
the animal's claws.
(2) "Tendonectomy" means a procedure in which the tendons to an
animal's limbs, paws, or toes are cut or modified so that the claws
cannot be extended.
(3) "Exotic or native wild cat species" include all members of the
taxonomic family Felidae, except domestic cats (Felis catus or Felis
domesticus) or hybrids of wild and domestic cats that are greater
than three generations removed from an exotic or native cat. "Exotic
or native wild cat species" include, but are not limited to, lions,
tigers, cougars, leopards, lynxes, bobcats, caracals, ocelots,
margays, servals, cheetahs, snow leopards, clouded leopards, jungle
cats, leopard cats, and jaguars, or any hybrid thereof.
(4) "Therapeutic purpose" means for the purpose of addressing an
existing or recurring infection, disease, injury, or abnormal
condition in the claw that jeopardizes the cat's health, where
addressing the infection, disease, injury, or abnormal condition is a
medical necessity.


597.7. (a) No person shall leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal.
(b) Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment in a county jail not exceeding six months, or by both a
fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not
exceeding five hundred dollars ($500), imprisonment in a county jail
not exceeding six months, or by both a fine and imprisonment.
(c) (1) Nothing in this section shall prevent a peace officer,
humane officer, or an animal control officer from removing an animal
from a motor vehicle if the animal's safety appears to be in
immediate danger from heat, cold, lack of adequate ventilation, lack
of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal.
(2) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall take it to an animal
shelter or other place of safekeeping or, if the officer deems
necessary, to a veterinary hospital for treatment.
(3) A peace officer, humane officer, or animal control officer is
authorized to take all steps that are reasonably necessary for the
removal of an animal from a motor vehicle, including, but not limited
to, breaking into the motor vehicle, after a reasonable effort to
locate the owner or other person responsible.
(4) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall, in a secure and
conspicuous location on or within the motor vehicle, leave written
notice bearing his or her name and office, and the address of the
location where the animal can be claimed. The animal may be claimed
by the owner only after payment of all charges that have accrued for
the maintenance, care, medical treatment, or impoundment of the
animal.
(5) This section does not affect in any way existing liabilities
or immunities in current law, or create any new immunities or
liabilities.
(d) Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law, including
city or county ordinances.
(e) Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.



597a. Whoever carries or causes to be carried in or upon any
vehicle or otherwise any domestic animal in a cruel or inhuman
manner, or knowingly and willfully authorizes or permits it to be
subjected to unnecessary torture, suffering, or cruelty of any kind,
is guilty of a misdemeanor; and whenever any such person is taken
into custody therefor by any officer, such officer must take charge
of such vehicle and its contents, together with the horse or team
attached to such vehicle, and deposit the same in some place of
custody; and any necessary expense incurred for taking care of and
keeping the same, is a lien thereon, to be paid before the same can
be lawfully recovered; and if such expense, or any part thereof,
remains unpaid, it may be recovered, by the person incurring the
same, of the owner of such domestic animal, in an action therefor.



597b. (a) Except as provided in subdivisions (b) and (c), any
person who, for amusement or gain, causes any bull, bear, or other
animal, not including any dog, to fight with like kind of animal or
creature, or causes any animal, including any dog, to fight with a
different kind of animal or creature, or with any human being, or
who, for amusement or gain, worries or injures any bull, bear, dog,
or other animal, or causes any bull, bear, or other animal, not
including any dog, to worry or injure each other, or any person who
permits the same to be done on any premises under his or her charge
or control, or any person who aids or abets the fighting or worrying
of an animal or creature, is guilty of a misdemeanor punishable by
imprisonment in a county jail for a period not to exceed one year, by
a fine not to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine.
(b) Any person who, for amusement or gain, causes any cock to
fight with another cock or with a different kind of animal or
creature or with any human being; or who, for amusement or gain,
worries or injures any cock, or causes any cock to worry or injure
another animal; and any person who permits the same to be done on any
premises under his or her charge or control, and any person who aids
or abets the fighting or worrying of any cock is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, or by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(c) A second or subsequent conviction of this section is a
misdemeanor or a felony punishable by imprisonment in a county jail
for a period not to exceed one year or the state prison for 16
months, two, or three years, by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.
(d) For the purposes of this section, aiding and abetting a
violation of this section shall consist of something more than merely
being present or a spectator at a place where a violation is
occurring.


597c. Any person who is knowingly present as a spectator at any
place, building, or tenement for an exhibition of animal fighting, or
who is knowingly present at that exhibition or is knowingly present
where preparations are being made for the acts described in
subdivision (a) or (b) of Section 597b, is guilty of a misdemeanor.




597d. Any sheriff, police, or peace officer, or officer qualified
as provided in Section 14502 of the Corporations Code, may enter any
place, building, or tenement, where there is an exhibition of the
fighting of birds or animals, or where preparations are being made
for such an exhibition, and, without a warrant, arrest all persons
present.



597e. Any person who impounds, or causes to be impounded in any
pound, any domestic animal, shall supply it during such confinement
with a sufficient quantity of good and wholesome food and water, and
in default thereof, is guilty of a misdemeanor. In case any domestic
animal is at any time so impounded and continues to be without
necessary food and water for more than 12 consecutive hours, it is
lawful for any person, from time to time, as may be deemed necessary,
to enter into and upon any pound in which the animal is confined,
and supply it with necessary food and water so long as it remains so
confined. Such person is not liable for the entry and may collect
the reasonable cost of the food and water from the owner of the
animal, and the animal is subject to enforcement of a money judgment
for the reasonable cost of such food and water.



597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of a pound or
animal regulation department of a public agency, to take possession
of the animal so abandoned or neglected and care for the animal until
it is redeemed by the owner or claimant, and the cost of caring for
the animal shall be a lien on the animal until the charges are paid.
Every sick, disabled, infirm, or crippled animal, except a dog or
cat, which shall be abandoned in any city, city and county, or
judicial district, may, if after due search no owner can be found
therefor, be killed by the officer; and it shall be the duty of all
peace officers, an officer of such society, or officer of a pound or
animal regulation department of a public agency to cause the animal
to be killed on information of such abandonment. The officer may
likewise take charge of any animal, including a dog or cat, that by
reason of lameness, sickness, feebleness, or neglect, is unfit for
the labor it is performing, or that in any other manner is being
cruelly treated; and, if the animal is not then in the custody of its
owner, the officer shall give notice thereof to the owner, if known,
and may provide suitable care for the animal until it is deemed to
be in a suitable condition to be delivered to the owner, and any
necessary expenses which may be incurred for taking care of and
keeping the animal shall be a lien thereon, to be paid before the
animal can be lawfully recovered.
(b) It shall be the duty of all officers of pounds or humane
societies, and animal regulation departments of public agencies to
convey, and for police and sheriff departments, to cause to be
conveyed all injured cats and dogs found without their owners in a
public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal; or, if the animal is treated and recovers
from its injuries, the veterinarian may keep the animal for purposes
of adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred pursuant to this subdivision to
a veterinarian in a clinic, such as an emergency clinic which is not
in continuous operation, the veterinarian may, in turn, transfer the
animal to an appropriate facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the agency, department, or society shall be paid from the dog
license fees, fines, and fees for impounding dogs in the city,
county, or city and county in which the animal was licensed or if the
animal is unlicensed the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's
owner. No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or services which he or she provides
pursuant to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of a pound or animal regulation department or humane society,
or any officer of a police or sheriff's department may, with the
approval of his or her immediate superior, humanely destroy any
abandoned animal in the field in any case where the animal is too
severely injured to move or where a veterinarian is not available and
it would be more humane to dispose of the animal.



597g. (a) Poling a horse is a method of training horses to jump
which consists of (1) forcing, persuading, or enticing a horse to
jump in such manner that one or more of its legs will come in contact
with an obstruction consisting of any kind of wire, or a pole,
stick, rope or other object with brads, nails, tacks or other sharp
points imbedded therein or attached thereto or (2) raising, throwing
or moving a pole, stick, wire, rope or other object, against one or
more of the legs of a horse while it is jumping an obstruction so
that the horse, in either case, is induced to raise such leg or legs
higher in order to clear the obstruction. Tripping a horse is an act
that consists of the use of any wire, pole, stick, rope, or other
object or apparatus whatsoever to cause a horse to fall or lose its
balance. The poling or tripping of any horse is unlawful and any
person violating the provisions of this section is guilty of a
misdemeanor.
(b) It is a misdemeanor for any person to intentionally trip or
fell an equine by the legs by any means whatsoever for the purposes
of entertainment or sport.
(c) This section does not apply to the lawful laying down of a
horse for medical or identification purposes, nor shall the section
be construed as condemning or limiting any cultural or historical
activities, except those prohibited herein.




597h. It shall be unlawful for any person to tie or attach or
fasten any live animal to any machine or device propelled by any
power for the purpose of causing such animal to be pursued by a dog
or dogs.
Any person violating any of the provisions of this section shall
be guilty of a misdemeanor.


597i. (a) It shall be unlawful for anyone to manufacture, buy,
sell, barter, exchange, or have in his or her possession any of the
implements commonly known as gaffs or slashers, or any other sharp
implement designed to be attached in place of the natural spur of a
gamecock or other fighting bird.
(b) Any person who violates any of the provisions of this section
is guilty of a misdemeanor punishable by imprisonment in a county
jail for a period not to exceed one year, by a fine not to exceed
five thousand dollars ($5,000), or by both that imprisonment and fine
and upon conviction thereof shall, in addition to any judgment or
sentence imposed by the court, forfeit possession or ownership of
those implements.



597j. (a) Any person who owns, possesses, keeps, or trains any bird
or other animal with the intent that it be used or engaged by
himself or herself, by his or her vendee, or by any other person in
an exhibition of fighting as described in Section 597b is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(b) This section shall not apply to an exhibition of fighting of a
dog with another dog.
(c) A second or subsequent conviction of this section is a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year or by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.



597k. Anyone who, having care, custody or control of any horse or
other animal, uses what is known as the bristle bur, tack bur, or
other like device, by whatsoever name known or designated, on such
horse or other animal for any purpose whatsoever, is guilty of a
misdemeanor and is punishable by a fine of not less than fifty
dollars ($50) nor more than five hundred dollars ($500), or by
imprisonment in the county jail for not less than 10 days nor more
than 175 days, or by both such fine and imprisonment.



597l. (a) It shall be unlawful for any person who operates a pet
shop to fail to do all of the following:
(1) Maintain the facilities used for the keeping of pet animals in
a sanitary condition.
(2) Provide proper heating and ventilation for the facilities used
for the keeping of pet animals.
(3) Provide adequate nutrition for, and humane care and treatment
of, all pet animals under his or her care and control.
(4) Take reasonable care to release for sale, trade, or adoption
only those pet animals that are free of disease or injuries.
(5) Provide adequate space appropriate to the size, weight, and
specie of pet animals.
(b) (1) Sellers of pet animals shall provide buyers of a pet
animal with general written recommendations for the generally
accepted care of the class of pet animal sold, including
recommendations as to the housing, equipment, cleaning, environment,
and feeding of the animal. This written information shall be in a
form determined by the sellers of pet animals and may include
references to Web sites, books, pamphlets, videos, and compact discs.

(2) If a seller of pet animals distributes material prepared by a
third party, the seller shall not be liable for damages caused by any
erroneous information in that material unless a reasonable person
exercising ordinary care should have known of the error causing the
damage.
(3) This subdivision shall apply to any private or public retail
business that sells pet animals to the public and is required to
possess a permit pursuant to Section 6066 of the Revenue and Taxation
Code.
(4) Charges brought against a seller of pet animals for a first
violation of the provisions of this subdivision shall be dismissed if
the person charged produces in court satisfactory proof of
compliance. A second or subsequent violation is an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250).

(c) As used in this section, the following terms have the
following meanings:
(1) "Pet animals" means dogs, cats, monkeys and other primates,
rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas,
turtles, and any other species of animal sold or retained for the
purpose of being kept as a household pet.
(2) "Pet shop" means every place or premises where pet animals are
kept for the purpose of either wholesale or retail sale. "Pet shop"
does not include any place or premises where pet animals are
occasionally sold.
(d) Any person who violates any provision of subdivision (a) is
guilty of a misdemeanor and is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding 90 days, or by both that fine and imprisonment.




597m. It shall be unlawful for any person to promote, advertise,
stage, hold, manage, conduct, participate in, engage in, or carry on
any bullfight exhibition, any bloodless bullfight contest or
exhibition, or any similar contest or exhibition, whether for
amusement or gain or otherwise; provided, that nothing herein shall
be construed to prohibit rodeos or to prohibit measures necessary to
the safety of participants at rodeos.
This section shall not, however, be construed as prohibiting
bloodless bullfights, contests, or exhibitions held in connection
with religious celebrations or religious festivals.
Any person violating the provisions of this section is guilty of a
misdemeanor.


597n. Any person who cuts the solid part of the tail of any horse
in the operation known as "docking," or in any other operation
performed for the purpose of shortening the tail of any horse, within
the State of California, or procures the same to be done, or imports
or brings into this state any docked horse, or horses, or drives,
works, uses, races, or deals in any unregistered docked horse, or
horses, within the State of California except as provided in Section
597r, is guilty of a misdemeanor.



597o. (a) Any person who transports an equine in a vehicle to
slaughter shall meet the following requirements:
(1) The vehicle shall have sufficient clearance to allow the
equine to be transported in a standing position with its head in a
normal upright position above its withers.
(2) Any ramps and floors in the vehicle shall be covered with a
nonskid surface to prevent the equine from slipping.
(3) The vehicle shall provide adequate ventilation to the equine
while the equine is being transported.
(4) The sides and overhead of the vehicle shall be constructed to
withstand the weight of any equine which may put pressure against the
sides or overhead.
(5) Any compartments in the interior of the vehicle shall be
constructed of smooth materials and shall contain no protrusions or
sharp objects.
(6) The size of the vehicle shall be appropriate for the number of
equine being transported and the welfare of the equine shall not be
jeopardized by overcrowding.
(7) Stallions shall be segregated during transportation to
slaughter.
(8) Diseased, sick, blind, dying, or otherwise disabled equine
shall not be transported out of this state.
(9) Any equine being transported shall be able to bear weight on
all four feet.
(10) Unweaned foals shall not be transported.
(11) Mares in their last trimester of pregnancy shall not be
transported.
(12) The person shall notify a humane officer having jurisdiction
72 hours before loading the equine in order that the humane officer
may perform a thorough inspection of the vehicle to determine if all
requirements of this section have been satisfied.
(b) (1) Any person who violates this section is guilty of a
misdemeanor and is subject to a fine of one hundred dollars ($100)
per equine being transported.
(2) Any person who violates this section for a second or
subsequent time is guilty of a misdemeanor and shall be fined five
hundred dollars ($500) per equine being transported.
(c) Whenever a person is taken into custody by an officer for a
violation of this section, the officer shall take charge of the
vehicle and its contents and deposit the property in some place of
custody.
(d) (1) Any necessary expense incurred for taking care of and
keeping the property described in subdivision (c) is a lien thereon,
to be paid before the property can be lawfully recovered.
(2) If the expense, or any part thereof, remains unpaid, it may be
recovered by the person incurring the expense from the owner of the
equine in an action therefor.
(e) For the purposes of this section, "equine" means any horse,
pony, burro, or mule.



597p. Within 30 days after the passage of this act, every owner, or
user of any docked horse, within the State of California, shall
register his or her docked horse, or horses by filing in the office
of the county clerk of the county in which such docked horse, or
horses, may then be kept, a certificate, which certificate shall
contain the name, or names of the owner, together with his or her
post office address, a full description of the color, age, size and
the use made of such docked horse, or horses; which certificate shall
be signed by the owner, or his, or her agent. The county clerk
shall number such certificate consecutively and record the name in a
book, or register to be kept for that purpose only; and shall receive
as a fee for recording of such certificate, the sum of fifty cents
($0.50), and the clerk shall thereupon issue to such person so
registering such horse or horses a certificate containing the facts
recited in this section which upon demand shall be exhibited to any
peace officer, and the same shall be conclusive evidence of a
compliance with the provisions of Section 597n of this code.




597q. The driving, working, keeping, racing or using of any
unregistered docked horse, or horses, after 60 days after the passage
of this act, shall be deemed prima facie evidence of the fact that
the party driving, working, keeping, racing or using such
unregistered docked horse, or horses, docked the tail of such horse
or horses.



597r. Any person or persons violating any of the provisions of this
act, shall be deemed guilty of a misdemeanor; provided, however,
that the provisions of Sections 597n, 597p, and 597q, shall not be
applied to persons owning or possessing any docked purebred stallions
and mares imported from foreign countries for breeding or exhibition
purposes only, as provided by an act of Congress entitled "An act
regulating the importation of breeding animals" and approved March 3,
1903, and to docked native-bred stallions and mares brought into
this State and used for breeding or exhibition purposes only; and
provided further, that a description of each such animal so brought
into the State, together with the date of importation and name and
address of importer, be filed with the county clerk of the county
where such animal is kept, within 30 days after the importation of
such animal.



597s. (a) Every person who willfully abandons any animal is guilty
of a misdemeanor.
(b) This section shall not apply to the release or rehabilitation
and release of native California wildlife pursuant to statute or
regulations of the California Department of Fish and Game.



597t. Every person who keeps an animal confined in an enclosed area
shall provide it with an adequate exercise area. If the animal is
restricted by a leash, rope, or chain, the leash, rope, or chain
shall be affixed in such a manner that it will prevent the animal
from becoming entangled or injured and permit the animal's access to
adequate shelter, food, and water. Violation of this section
constitutes a misdemeanor.
This section shall not apply to an animal which is in transit, in
a vehicle, or in the immediate control of a person.



597u. (a) No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public
agency shall kill any animal by using any of the following methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of a pound or
animal regulation department of a public agency shall use any of the
methods specified in subdivision (a) or any of the following methods:

(1) High-altitude decompression chamber.
(2) Nitrogen gas



597v. No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public agency
shall kill any newborn dog or cat whose eyes have not yet opened by
any other method than by the use of chloroform vapor or by
inoculation of barbiturates.



597x. (a) Notwithstanding Section 18734 of the Food and
Agricultural Code or any other provision of law, it is unlawful for
any person to sell, attempt to sell, load, cause to be loaded,
transport, or attempt to transport any live horse, mule, burro, or
pony that is disabled, if the animal is intended to be sold, loaded,
or transported for commercial slaughter out of the state.
(b) For the purposes of this section, "disabled animal" includes,
but is not limited to, any animal that has broken limbs, is unable to
stand and balance itself without assistance, cannot walk, or is
severely injured.
(c) A person who violates this section is guilty of a misdemeanor
and subject to the same penalties imposed upon a person convicted of
a misdemeanor under Section 597a.



597y. A violation of Section 597u, 597v, or 597w is a misdemeanor.



597z. (a) (1) Except as otherwise authorized under any other
provision of law, it shall be a crime, punishable as specified in
subdivision (b), for any person to sell one or more dogs under eight
weeks of age, unless, prior to any physical transfer of the dog or
dogs from the seller to the purchaser, the dog or dogs are approved
for sale, as evidenced by written documentation from a veterinarian
licensed to practice in California.
(2) For the purposes of this section, the sale of a dog or dogs
shall not be considered complete, and thereby subject to the
requirements and penalties of this section, unless and until the
seller physically transfers the dog or dogs to the purchaser.
(b) (1) Any person who violates this section shall be guilty of an
infraction or a misdemeanor.
(2) An infraction under this section shall be punishable by a fine
not to exceed two hundred fifty dollars ($250).
(3) With respect to the sale of two or more dogs in violation of
this section, each dog unlawfully sold shall represent a separate
offense under this section.
(c) This section shall not apply to any of the following:
(1) An organization, as defined in Section 501(c)(3) of the
Internal Revenue Code, or any other organization that provides, or
contracts to provide, services as a public animal sheltering agency.

(2) A pet dealer as defined under Article 2 (commencing with
Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code.
(3) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group regulated under Division 14 (commencing with Section
30501) of the Food and Agricultural Code.



598. Every person who, within any public cemetery or burying
ground, kills, wounds, or traps any bird, or destroys any bird's nest
other than swallows' nests, or removes any eggs or young birds from
any nest, is guilty of a misdemeanor.


598a. (a) Every person is guilty of a misdemeanor who kills any dog
or cat with the sole intent of selling or giving away the pelt of
such animal.
(b) Every person is guilty of a misdemeanor who possesses, imports
into this state, sells, buys, gives away or accepts any pelt of a
dog or cat with the sole intent of selling or giving away the pelt of
the dog or cat, or who possesses, imports into this state, sells,
buys, gives away, or accepts any dog or cat, with the sole intent of
killing or having killed such dog or cat for the purpose of selling
or giving away the pelt of such animal.



598b. (a) Every person is guilty of a misdemeanor who possesses,
imports into, or exports from, this state, sells, buys, gives away,
or accepts any carcass or part of any carcass of any animal
traditionally or commonly kept as a pet or companion with the intent
of using or having another person use any part of that carcass for
food.
(b) Every person is guilty of a misdemeanor who possesses, imports
into, or exports from, this state, sells, buys, gives away, or
accepts any animal traditionally or commonly kept as a pet or
companion with the intent of killing or having another person kill
that animal for the purpose of using or having another person use any
part of the animal for food.
(c) This section shall not be construed to interfere with the
production, marketing, or disposal of any livestock, poultry, fish,
shellfish, or any other agricultural commodity produced in this
state. Nor shall this section be construed to interfere with the
lawful killing of wildlife, or the lawful killing of any other animal
under the laws of this state pertaining to game animals.



598c. (a) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export from the
state, or to sell, buy, give away, hold, or accept any horse with
the intent of killing, or having another kill, that horse, if that
person knows or should have known that any part of that horse will be
used for human consumption.
(b) For purposes of this section, "horse" means any equine,
including any horse, pony, burro, or mule.
(c) Violation of this section is a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
(d) It is not the intent of this section to affect any commonly
accepted commercial, noncommercial, recreational, or sporting
activity that relates to horses.
(e) It is not the intent of this section to affect any existing
law that relates to horse taxation or zoning.


598d. (a) Notwithstanding any other provision of law, horsemeat may
not be offered for sale for human consumption. No restaurant, cafe,
or other public eating place may offer horsemeat for human
consumption.
(b) Violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or by
confinement in jail for not less than 30 days nor more than two
years, or by both that fine and confinement.
(c) A second or subsequent offense under this section is
punishable by imprisonment in the state prison for not less than two
years nor more than five years.



599. Every person is guilty of a misdemeanor who:
(a) Sells or gives away, any live chicks, rabbits, ducklings, or
other fowl as a prize for, or as an inducement to enter, any contest,
game or other competition or as an inducement to enter a place of
amusement or place of business; or
(b) Dyes or otherwise artificially colors any live chicks,
rabbits, ducklings or other fowl, or sells, offers for sale, or gives
away any live chicks, rabbits, ducklings, or other fowl which has
been dyed or artificially colored; or
(c) Maintains or possesses any live chicks, rabbits, ducklings, or
other fowl for the purpose of sale or display without adequate
facilities for supplying food, water and temperature control needed
to maintain the health of such fowl or rabbit; or
(d) Sells, offers for sale, barters, or for commercial purposes
gives away, any live chicks, rabbits, ducklings, or other fowl on any
street or highway. This section shall not be construed to prohibit
established hatchery management procedures or the display, or sale of
natural chicks, rabbits, ducklings, or other fowl in proper
facilities by dealers, hatcheries, poultrymen, or stores regularly
engaged in the business of selling the same.



599a. When complaint is made, on oath, to any magistrate authorized
to issue warrants in criminal cases, that the complainant believes
that any provision of law relating to, or in any way affecting, dumb
animals or birds, is being, or is about to be violated in any
particular building or place, the magistrate must issue and deliver
immediately a warrant directed to any sheriff, police or peace
officer or officer of any incorporated association qualified as
provided by law, authorizing him to enter and search that building or
place, and to arrest any person there present violating, or
attempting to violate, any law relating to, or in any way affecting,
dumb animals or birds, and to bring that person before some court or
magistrate of competent jurisdiction, within the city, city and
county, or judicial district within which the offense has been
committed or attempted, to be dealt with according to law, and the
attempt must be held to be a violation of Section 597.



599aa. (a) Any authorized officer making an arrest under Section
597.5 shall, and any authorized officer making an arrest under
Section 597b, 597c, 597j, or 599a may, lawfully take possession of
all birds or animals and all paraphernalia, implements or other
property or things used or employed, or about to be employed, in the
violation of any of the provisions of this code relating to the
fighting of birds or animals that can be used in animal or bird
fighting, in training animals or birds to fight, or to inflict pain
or cruelty upon animals or birds in respect to animal or bird
fighting.
(b) Upon taking possession, the officer shall inventory the items
seized and question the persons present as to the identity of the
owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from
whom the property was seized, and the names of any known owners of
the property.
Any person claiming ownership or possession of any item shall be
provided with a signed copy of the inventory list which shall
identify the seizing officer and his or her employing agency. If no
person claims ownership or possession of the items, a copy of the
inventory list shall be left at the location from which the items
were seized.
(c) The officer shall file with the magistrate before whom the
complaint against the arrested person is made, a copy of the
inventory list and an affidavit stating the affiant's basis for his
or her belief that the property and items taken were in violation of
this code. On receipt of the affidavit, the magistrate shall order
the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
(d) All animals and birds seized shall, at the discretion of the
seizing officer, be taken promptly to an appropriate animal storage
facility. For purposes of this subdivision, an appropriate animal
storage facility is one in which the animals or birds may be stored
humanely. However, if an appropriate animal storage facility is not
available, the officer may cause the animals or birds used in
committing or possessed for the purpose of the alleged offenses to
remain at the location at which they were found. In determining
whether it is more humane to leave the animals or birds at the
location at which they were found than to take the animals or birds
to an animal storage facility, the officer shall, at a minimum,
consider the difficulty of transporting the animals or birds and the
adequacy of the available animal storage facility. When the officer
does not seize and transport all animals or birds to a storage
facility, he or she shall do both of the following:
(1) Seize a representative sample of animals or birds for
evidentiary purposes from the animals or birds found at the site of
the alleged offenses. The animals or birds seized as a representative
sample shall be transported to an appropriate animal storage
facility.
(2) Cause all animals or birds used in committing or possessed for
the purpose of the alleged offenses to be banded, tagged, or marked
by microchip, and photographed or videotaped for evidentiary
purposes.
(e) (1) If ownership of the seized animals or birds cannot be
determined after reasonable efforts, the officer or other person
named and designated in the order as custodian of the animals or
birds may, after holding the animals and birds for a period of not
less than 10 days, petition the magistrate for permission to humanely
destroy or otherwise dispose of the animals or birds. The petition
shall be published for three successive days in a newspaper of
general circulation. The magistrate shall hold a hearing on the
petition not less than 10 days after seizure of the animals or
birds, after which he or she may order the animals or birds to be
humanely destroyed or otherwise disposed of, or to be retained by the
officer or person with custody until the conviction or final
discharge of the arrested person. No animal or bird may be destroyed
or otherwise disposed of until 4 days after the order.
(2) Paragraph (1) shall apply only to those animals and birds
seized under any of the following circumstances:
(A) After having been used in violation of any of the provisions
of this code relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions
of this code relating to the fighting of birds or animals.
(f) Upon the conviction of the arrested person, all property
seized shall be adjudged by the court to be forfeited and shall then
be destroyed or otherwise disposed of as the court may order. Upon
the conviction of the arrested person, the court may order the person
to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the animals
or birds. Each person convicted in connection with a particular
animal or bird, excluding any person convicted as a spectator
pursuant to Section 597b or 597c, or subdivision (b) of Section
597.5, may be held jointly and severally liable for restitution
pursuant to this subdivision. This payment shall be in addition to
any other fine or other sentence ordered by the court. The court
shall specify in the order that the public entity shall not enforce
the order until the defendant satisfies all other outstanding fines,
penalties, assessments, restitution fines, and restitution orders.
The court may relieve any convicted person of the obligation to make
payment pursuant to this subdivision for good cause but shall state
the reasons for that decision in the record. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the delivery of the
property held in custody to the owner. If the owner is unknown, the
court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.


599b. In this title, the word "animal" includes every dumb
creature; the words "torment," "torture," and "cruelty" include every
act, omission, or neglect whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted; and the words
"owner" and "person" include corporations as well as individuals; and
the knowledge and acts of any agent of, or person employed by, a
corporation in regard to animals transported, owned, or employed by,
or in the custody of, the corporation, must be held to be the act and
knowledge of the corporation as well as the agent or employee.



599c. No part of this title shall be construed as interfering with
any of the laws of this state known as the "game laws," or any laws
for or against the destruction of certain birds, nor must this title
be construed as interfering with the right to destroy any venomous
reptile, or any animal known as dangerous to life, limb, or property,
or to interfere with the right to kill all animals used for food, or
with properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.



599d. (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
(b) It is the policy of the state that no treatable animal should
be euthanized. A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts. This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.



599e. Every animal which is unfit, by reason of its physical
condition, for the purpose for which such animals are usually
employed, and when there is no reasonable probability of such animal
ever becoming fit for the purpose for which it is usually employed,
shall be by the owner or lawful possessor of the same, deprived of
life within 12 hours after being notified by any peace officer,
officer of said society, or employee of a pound or animal regulation
department of a public agency who is a veterinarian, to kill the
same, and such owner, possessor, or person omitting or refusing to
comply with the provisions of this section shall, upon conviction, be
deemed guilty of a misdemeanor, and after such conviction the court
or magistrate having jurisdiction of such offense shall order any
peace officer, officer of said society, or officer of a pound or
animal regulation department of a public agency, to immediately kill
such animal; provided, that this shall not apply to such owner
keeping any old or diseased animal belonging to him on his own
premises with proper care.



599f. (a) No slaughterhouse that is not inspected by the United
States Department of Agriculture, stockyard, or auction shall buy,
sell, or receive a nonambulatory animal.
(b) No slaughterhouse, stockyard, auction, market agency, or
dealer shall hold a nonambulatory animal without taking immediate
action to humanely euthanize the animal or remove the animal from the
premises.
(c) While in transit or on the premises of a stockyard, auction,
market agency, dealer, or slaughterhouse, a nonambulatory animal may
not be dragged at any time, or pushed with equipment at any time, but
shall be moved with a sling or on a stoneboat or other sled-like or
wheeled conveyance.
(d) A violation of this section is a misdemeanor.
(e) As used in this section, "nonambulatory" means unable to stand
and walk without assistance.
(f) As used in this section, "animal" means live cattle, swine,
sheep, or goats.
(g) As used in this section, "humanely euthanized" means to kill
by a mechanical, chemical, or electrical method that rapidly and
effectively renders the animal insensitive to pain.



600. (a) Any person who willfully and maliciously and with no legal
justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense. If
the injury inflicted is a serious injury, as defined in subdivision
(c), the person shall be punished by imprisonment in the state prison
for 16 months, two or three years, or in a county jail for not
exceeding one year, or by a fine not exceeding two thousand dollars
($2,000), or by both a fine and imprisonment. If the injury
inflicted is not a serious injury, the person shall be punished by
imprisonment in the county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict such injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment in the state prison for one
year.
(d) Any person who, in violation of this section, and with the
intent to inflict such injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.




600.2. (a) It is a crime for any person to permit any dog which is
owned, harbored, or controlled by him or her to cause injury to or
the death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the guide, signal, or service dog is
in discharge of its duties.
(b) A violation of this section is an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) if the injury or
death to any guide, signal, or service dog is caused by the person's
failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or
death to any guide, signal, or service dog is caused by the person's
reckless disregard in the exercise of control over his or her dog,
under circumstances that constitute such a departure from the conduct
of a reasonable person as to be incompatible with a proper regard
for the safety and life of any guide, signal, or service dog. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year, or by a fine of not less than
two thousand five hundred dollars ($2,500) nor more than five
thousand dollars ($5,000), or both. The court shall consider the
costs ordered pursuant to subdivision (d) when determining the amount
of any fines.
(d) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
guide, signal, or service dog for any veterinary bills and
replacement costs of the dog if it is disabled or killed, or other
reasonable costs deemed appropriate by the court. The costs ordered
pursuant to this subdivision shall be paid prior to any fines.



600.5. (a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both a fine and imprisonment. The court
shall consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
dog for any veterinary bills and replacement costs of the dog if it
is disabled or killed, or other reasonable costs deemed appropriate
by the court. The costs ordered pursuant to this subdivision shall
be paid prior to any fines.


601. (a) Any person is guilty of trespass who makes a credible
threat to cause serious bodily injury, as defined in subdivision (a)
of Section 417.6, to another person with the intent to place that
other person in reasonable fear for his or her safety, or the safety
of his or her immediate family, as defined in subdivision (l) of
Section 646.9, and who does any of the following:
(1) Within 30 days of the threat, unlawfully enters into the
residence or real property contiguous to the residence of the person
threatened without lawful purpose, and with the intent to execute the
threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the
threatened person's workplace, unlawfully enters into the workplace
of the person threatened and carries out an act or acts to locate the
threatened person within the workplace premises without lawful
purpose, and with the intent to execute the threat against the target
of the threat.
(b) Subdivision (a) shall not apply if the residence, real
property, or workplace described in paragraph (1) or (2) that is
entered is the residence, real property, or workplace of the person
making the threat.
(c) This section shall not apply to any person who is engaged in
labor union activities which are permitted to be carried out on the
property by the California Agricultural Labor Relations Act, Part 3.5
(commencing with Section 1140) of Division 2 of the Labor Code, or
by the National Labor Relations Act.
(d) A violation of this section shall be punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both a fine and imprisonment.




602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.

(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without the
written permission of the owner of the land, the owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.



602.1. (a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open to the public, by obstructing or intimidating
those attempting to carry on business, or their customers, and who
refuses to leave the premises of the business establishment after
being requested to leave by the owner or the owner's agent, or by a
peace officer acting at the request of the owner or owner's agent, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:

(1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.

(2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution.
(d) Nothing in this section shall be deemed to supersede the
application of any other law.



602.2. Any ordinance or resolution adopted by a county which
requires written permission to enter vacant or unimproved private
land from either the owner, the owner's agent, or the person in
lawful possession of private land, shall not apply unless the land is
immediately adjacent and contiguous to residential property, or
enclosed by fence, or under cultivation, or posted with signs
forbidding trespass, displayed at intervals of not less than three to
a mile, along all exterior boundaries and at all roads and trails
entering the private land.


602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.


602.4. Every person who enters or remains on airport property owned
by a city, county, or city and county but located in another county,
and sells, peddles, or offers for sale any goods, merchandise,
property, or services of any kind whatsoever, to members of the
public, including transportation services, other than charter
limousines licensed by the Public Utilities Commission, on or from
the airport property, without the express written consent of the
governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
Nothing in this section affects the power of a county, city, or
city and county to regulate the sale, peddling or offering for sale
of goods, merchandise, property, or services.



602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
(b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass 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.
(c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation. It shall be a condition of probation that the
person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court. In
determining the length of the restraining order, the court shall
consider, among other factors, 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.
(e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.



602.6. Every person who enters or remains in, or upon, any state,
county, district, or citrus fruit fair buildings or grounds, when the
buildings or grounds are not open to the general public, after
having been ordered or directed by a peace officer or a fair manager
to leave the building or grounds and when the order or direction to
leave is issued after determination that the person has no apparent
lawful business or other legitimate reason for remaining on the
property, and fails to identify himself or herself and account for
his or her presence, is guilty of a misdemeanor.



602.7. Every person who enters or remains on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern California Rapid Transit District,
and sells or peddles any goods, merchandise, property, or services of
any kind whatsoever on the property, facilities, or vehicles,
without the express written consent of the governing board of the San
Francisco Bay Area Rapid Transit District or the governing board of
the Southern California Rapid Transit District, or its duly
authorized representatives, is guilty of an infraction.
Nothing in this section affects the power of a county, city,
transit district, or city and county to regulate the sale or peddling
of goods, merchandise, property, or services.



602.8. (a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters upon uncultivated or unenclosed lands where signs forbidding
trespass are displayed at intervals not less than three to the mile
along all exterior boundaries and at all roads and trails entering
the lands, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
(1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).
(2) A second offense on the same land or any contiguous land of
the same landowner, without the permission of the landowner, the
landowner's agent, or the person in lawful possession of the land, is
an infraction punishable by a fine of two hundred fifty dollars
($250).
(3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission of the
landowner, the landowner's agent, or the person in lawful possession
of the land, is a misdemeanor.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are
permitted to be carried out on property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act.
(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.



602.9. (a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another 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
such imprisonment and fine. Each violation is a separate offense.
(b) Except as provided in subdivision (c), any person who, without
the owner's or owner's agent's consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, 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
such imprisonment and fine. Each violation is a separate offense.
(c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling.




602.10. Every person who, by physical force and with the intent to
prevent attendance or instruction, willfully obstructs or attempts to
obstruct any student or teacher seeking to attend or instruct
classes at any of the campuses or facilities owned, controlled, or
administered by the Regents of the University of California, the
Trustees of the California State University, or the governing board
of a community college district shall be punished by a fine not
exceeding five hundred dollars ($500), by imprisonment in a county
jail for a period of not exceeding one year, or by both such fine and
imprisonment.
As used in this section, "physical force" includes, but is not
limited to, use of one's person, individually or in concert with
others, to impede access to, or movement within, or otherwise to
obstruct the students and teachers of the classes to which the
premises are devoted.



602.11. (a) Any person, alone or in concert with others, who
intentionally prevents an individual from entering or exiting a
health care facility, place of worship, or school by physically
detaining the individual or physically obstructing the individual's
passage shall be guilty of a misdemeanor punishable by imprisonment
in the county jail, or a fine of not more than two hundred fifty
dollars ($250), or both, for the first offense; imprisonment in the
county jail for not less than five days and a fine of not more than
five hundred dollars ($500) for the second offense; and imprisonment
in the county jail for not less than 30 days and a fine of not more
than two thousand dollars ($2,000) for a third or subsequent offense.
However, the court may order the defendant to perform community
service, in lieu of any fine or any imprisonment imposed under this
section, if it determines that paying the fine would result in undue
hardship to the defendant or his or her dependents.
(b) As used in subdivision (a), the following terms have the
following meanings:
(1) "Physically" does not include speech.
(2) "Health care facility" means a facility licensed pursuant to
Chapter 1 (commencing with Section 1200) of Division 2 of the Health
and Safety Code, a health facility licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code, or any facility where medical care is regularly provided to
individuals by persons licensed under Division 2 (commencing with
Section 500) of the Business and Professions Code, the Osteopathic
Initiative Act, or the Chiropractic Initiative Act.
(3) "Person" does not include an officer, employee, or agent of
the health care facility, or a law enforcement officer, acting in the
course of his or her employment.
(c) This section shall not be interpreted to prohibit any lawful
activities permitted under the laws of the State of California or by
the National Labor Relations Act in connection with a labor dispute.




602.12. (a) Any person who enters the residential real property of
an academic researcher for the purpose of chilling, preventing the
exercise of, or interfering with the researcher's academic freedom is
guilty of trespass, a misdemeanor.
(b) For the purposes of this section, the following definitions
apply:
(1) "Academic researcher" means any person lawfully engaged in
academic research who is a student, trainee, employee, or affiliated
physician of an accredited California community college, a campus of
the California State University or the University of California, or a
Western Association of Schools and Colleges accredited, degree
granting, nonprofit institution. Academic research does not include
routine, nonlaboratory coursework or assignments.
(2) "Academic freedom" means the lawful performance,
dissemination, or publication of academic research or instruction.
(c) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
(d) This section shall not preclude prosecution under any other
provision of law.



603. Every person other than a peace officer engaged in the
performance of his duties as such who forcibly and without the
consent of the owner, representative of the owner, lessee or
representative of the lessee thereof, enters a dwelling house, cabin,
or other building occupied or constructed for occupation by humans,
and who damages, injures or destroys any property of value in, around
or appertaining to such dwelling house, cabin or other building, is
guilty of a misdemeanor.



604. Every person who maliciously injures or destroys any standing
crops, grain, cultivated fruits or vegetables, the property of
another, in any case for which a punishment is not otherwise
prescribed by this Code, is guilty of a misdemeanor.




605. Every person who either:
1. Maliciously removes any monument erected for the purpose of
designating any point in the boundary of any lot or tract of land, or
a place where a subaqueous telegraph cable lies; or,
2. Maliciously defaces or alters the marks upon any such monument;
or,
3. Maliciously cuts down or removes any tree upon which any such
marks have been made for such purpose, with intent to destroy such
marks;
--Is guilty of a misdemeanor.


607. Every person who willfully and maliciously cuts, breaks,
injures, or destroys, or who, without the authority of the owner or
managing agent, operates any gate or control of, any bridge, dam,
canal, flume, aqueduct, levee, embankment, reservoir, or other
structure erected to create hydraulic power, or to drain or reclaim
any swamp, overflow, tide, or marsh land, or to store or conduct
water for mining, manufacturing, reclamation, or agricultural
purposes, or for the supply of the inhabitants of any city or town,
or any embankment necessary to the same, or either of them, or
willfully or maliciously makes, or causes to be made, any aperture or
plows up the bottom or sides in the dam, canal, flume, aqueduct,
reservoir, embankment, levee, or structure, with intent to injure or
destroy the same; or draws up, cuts, or injures any piles fixed in
the ground for the purpose of securing any sea bank, sea wall, dock,
quay, jetty, or lock; or who, between the first day of October and
the fifteenth day of April of each year, plows up or loosens the soil
in the bed on the side of any natural water course, reclamation
ditch, or drainage ditch, with an intent to destroy the same without
removing the soil within 24 hours from the water course, reclamation
ditch, or drainage ditch, or who, between the fifteenth day of April
and the first day of October of each year, plows up or loosens the
soil in the bed or on the sides of the natural water course,
reclamation ditch, or drainage ditch, with an intent to destroy the
same and does not remove therefrom the soil so plowed up or loosened
before the first day of October next thereafter, is guilty of
vandalism under Section 594. Nothing in this section shall be
construed so as to in any manner prohibit any person from digging or
removing soil from any water course, reclamation ditch, or drainage
ditch for the purpose of mining.



610. Every person who unlawfully masks, alters, or removes any
light or signal, or willfully exhibits any light or signal, with
intent to bring any vessel into danger, is punishable by imprisonment
in the state prison.


615. Every person who willfully injures, defaces, or removes any
signal, monument, building, or appurtenance thereto, placed, erected,
or used by persons engaged in the United States Coast Survey, is
guilty of a misdemeanor.


616. Every person who intentionally defaces, obliterates, tears
down, or destroys any copy or transcript, or extract from or of any
law of the United States or of this State, or any proclamation,
advertisement, or notification set up at any place in this State, by
authority of any law of the United States or of this State, or by
order of any Court, before the expiration of the time for which the
same was to remain set up, is punishable by fine not less than twenty
nor more than one hundred dollars, or by imprisonment in the County
Jail not more than one month.



617. Every person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument, the property of
another, the false making of which would be forgery, is punishable by
imprisonment in the state prison.


618. Every person who willfully opens or reads, or causes to be
read, any sealed letter not addressed to himself, without being
authorized so to do, either by the writer of such letter or by the
person to whom it is addressed, and every person who, without the
like authority, publishes any of the contents of such letter, knowing
the same to have been unlawfully opened, is guilty of a misdemeanor.




620. Every person who willfully alters the purport, effect, or
meaning of a telegraphic or telephonic message to the injury of
another, is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and imprisonment.




621. Every person who maliciously destroys, cuts, breaks,
mutilates, effaces, or otherwise injures, tears down, or removes any
law enforcement memorial or firefighter's memorial is guilty of a
crime punishable by imprisonment in the state prison or by
imprisonment in the county jail for less than one year.



622. Every person, not the owner thereof, who willfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement within the limits of any village, town, or
city, or any shade tree or ornamental plant growing therein, whether
situated upon private ground or on any street, sidewalk, or public
park or place, is guilty of a misdemeanor.



6221/2. Every person, not the owner thereof, who wilfully injures,
disfigures, defaces, or destroys any object or thing of archeological
or historical interest or value, whether situated on private lands
or within any public park or place, is guilty of a misdemeanor.



623. (a) Except as otherwise provided in Section 599c, any person
who, without the prior written permission of the owner of a cave,
intentionally and knowingly does any of the following acts is guilty
of a misdemeanor punishable by imprisonment in the county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both such fine and imprisonment:
(1) Breaks, breaks off, cracks, carves upon, paints, writes or
otherwise marks upon or in any manner destroys, mutilates, injures,
defaces, mars, or harms any natural material found in any cave.
(2) Disturbs or alters any archaeological evidence of prior
occupation in any cave.
(3) Kills, harms, or removes any animal or plant life found in any
cave.
(4) Burns any material which produces any smoke or gas which is
harmful to any plant or animal found in any cave.
(5) Removes any material found in any cave.
(6) Breaks, forces, tampers with, removes or otherwise disturbs
any lock, gate, door, or any other structure or obstruction designed
to prevent entrance to any cave, whether or not entrance is gained.
(b) For purposes of this section:
(1) "Cave" means any natural geologically formed void or cavity
beneath the surface of the earth, not including any mine, tunnel,
aqueduct, or other manmade excavation, which is large enough to
permit a person to enter.
(2) "Owner" means the person or private or public agency which has
the right of possession to the cave.
(3) "Natural material" means any stalactite, stalagmite,
helictite, anthodite, gypsum flower or needle, flowstone, drapery,
column, tufa dam, clay or mud formation or concretion, crystalline
mineral formation, and any wall, ceiling, or mineral protuberance
therefrom, whether attached or broken, found in any cave.
(4) "Material" means all or any part of any archaeological,
paleontological, biological, or historical item including, but not
limited to, any petroglyph, pictograph, basketry, human remains,
tool, beads, pottery, projectile point, remains of historical mining
activity or any other occupation found in any cave.
(c) The entering or remaining in a cave by itself shall not
constitute a violation of this section.



624. Every person who wilfully breaks, digs up, obstructs, or
injures any pipe or main for conducting water, or any works erected
for supplying buildings with water, or any appurtenances or
appendages connected thereto, is guilty of a misdemeanor.




625. Every person who, with intent to defraud or injure, opens or
causes to be opened, or draws water from any stopcock or faucet by
which the flow of water is controlled, after having been notified
that the same has been closed or shut for specific cause, by order of
competent authority, is guilty of a misdemeanor.



625b. (a) Every person who willfully injures or tampers with any
aircraft or the contents or parts thereof, or removes any part of or
from an aircraft without the consent of the owner, and every person
who, with intent to commit any malicious mischief, injury or other
crime, climbs into or upon an aircraft or attempts to manipulate any
of the controls, starting mechanism, brakes or other mechanism or
device of an aircraft while it is at rest and unattended or who sets
in motion any aircraft while it is at rest and unattended, is guilty
of a misdemeanor and upon conviction shall be punished by
imprisonment for not more than six months or by a fine of not more
than one thousand dollars ($1,000), or by both such fine and
imprisonment.
(b) Every person who willfully and maliciously damages, injures,
or destroys any aircraft, or the contents or any part thereof, in
such a manner as to render the aircraft unsafe for those flight
operations for which it is designed and equipped is punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both such fine and imprisonment.




625c. Any person who, with the intent to cause great bodily injury
to another person, willfully removes, tampers with, injures or
destroys any passenger transit vehicle or the contents or parts
thereof, or who willfully removes, tampers with or destroys, or
places an obstruction upon any part of the transit system, including
its right-of-way, structures, fixtures, tracks, switches or controls,
or who willfully sets a vehicle in motion while it is at rest and
unattended is guilty of a felony.

[هيثم الفقى]

626. (a) As used in this chapter, the following definitions apply:

(1) "University" means the University of California, and includes
any affiliated institution thereof and any campus or facility owned,
operated, or controlled by the Regents of the University of
California.
(2) "State university" means any California state university, and
includes any campus or facility owned, operated, or controlled by the
Trustees of the California State University.
(3) "Community college" means any public community college
established pursuant to the Education Code.
(4) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any branch
thereof, opportunity school, continuation high school, regional
occupational center, evening high school, or technical school or any
public right-of-way situated immediately adjacent to school property
or any other place if a teacher and one or more pupils are required
to be at that place in connection with assigned school activities.
(5) "Chief administrative officer" means either of the following:

(A) The president of the university or a state university, the
Chancellor of the California State University, or the officer
designated by the Regents of the University of California or
pursuant to authority granted by the Regents of the University of
California to administer and be the officer in charge of a campus or
other facility owned, operated, or controlled by the Regents of the
University of California, or the superintendent of a community
college district.
(B) For a school, the principal of the school, a person who
possesses a standard supervision credential or a standard
administrative credential and who is designated by the principal, or
a person who carries out the same functions as a person who possesses
a credential and who is designated by the principal.
(b) For the purpose of determining the penalty to be imposed
pursuant to this chapter, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and that communication is prima
facie evidence of the convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
(c) As used in this code, the following definitions apply:
(1) "Pupil currently attending school" means a pupil enrolled in a
public school who has been in attendance or has had an excused
absence, for purposes of attendance accounting, for a majority of the
days for which the pupil has been enrolled in that school during the
school year.
(2) "Safe school zone" means an area that encompasses any of the
following places during regular school hours or within 60 minutes
before or after the schoolday or 60 minutes before or after a
school-sponsored activity at the schoolsite:
(A) Within 100 feet of a bus stop, whether or not a public transit
bus stop, that has been publicly designated by the school district
as a schoolbus stop. This definition applies only if the school
district has chosen to mark the bus stop as a schoolbus stop.
(B) Within 1,000 feet of a school, as designated by the school
district.


626.2. Every student or employee who, after a hearing, has been
suspended or dismissed from a community college, a state university,
the university, or a school for disrupting the orderly operation of
the campus or facility of such institution, and as a condition of
such suspension or dismissal has been denied access to the campus or
facility, or both, of the institution for the period of the
suspension or in the case of dismissal for a period not to exceed one
year; who has been served by registered or certified mail, at the
last address given by such person, with a written notice of such
suspension or dismissal and condition; and who willfully and
knowingly enters upon the campus or facility of the institution to
which he or she has been denied access, without the express written
permission of the chief administrative officer of the campus or
facility, is guilty of a misdemeanor and shall be punished as
follows:
(1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
Knowledge shall be presumed if notice has been given as prescribed
in this section. The presumption established by this section is a
presumption affecting the burden of proof.



626.4. (a) The chief administrative officer of a campus or other
facility of a community college, a state university, the university,
or a school, or an officer or employee designated by the chief
administrative officer to maintain order on such campus or facility,
may notify a person that consent to remain on the campus or other
facility under the control of the chief administrative officer has
been withdrawn whenever there is reasonable cause to believe that
such person has willfully disrupted the orderly operation of such
campus or facility.
(b) Whenever consent is withdrawn by any authorized officer or
employee, other than the chief administrative officer, such officer
or employee shall as soon as is reasonably possible submit a written
report to the chief administrative officer. The report shall contain
all of the following:
(1) The description of the person from whom consent was withdrawn,
including, if available, the person's name, address, and phone
number.
(2) A statement of the facts giving rise to the withdrawal of
consent.
If the chief administrative officer or, in the chief
administrative officer's absence, a person designated by him or her
for this purpose, upon reviewing the report, finds that there was
reasonable cause to believe that such person has willfully disrupted
the orderly operation of the campus or facility, he or she may enter
written confirmation upon the report of the action taken by the
officer or employee. If the chief administrative officer or, in the
chief administrative officer's absence, the person designated by him
or her, does not confirm the action of the officer or employee within
24 hours after the time that consent was withdrawn, the action of
the officer or employee shall be deemed void and of no force or
effect, except that any arrest made during such period shall not for
this reason be deemed not to have been made for probable cause.
(c) Consent shall be reinstated by the chief administrative
officer whenever he or she has reason to believe that the presence of
the person from whom consent was withdrawn will not constitute a
substantial and material threat to the orderly operation of the
campus or facility. In no case shall consent be withdrawn for longer
than 14 days from the date upon which consent was initially
withdrawn. The person from whom consent has been withdrawn may
submit a written request for a hearing on the withdrawal within the
two-week period. The written request shall state the address to
which notice of hearing is to be sent. The chief administrative
officer shall grant such a hearing not later than seven days from the
date of receipt of the request and shall immediately mail a written
notice of the time, place, and date of such hearing to such person.
(d) Any person who has been notified by the chief administrative
officer of a campus or other facility of a community college, a state
university, the university, or a school, or by an officer or
employee designated by the chief administrative officer to maintain
order on such campus or facility, that consent to remain on the
campus or facility has been withdrawn pursuant to subdivision (a);
who has not had such consent reinstated; and who willfully and
knowingly enters or remains upon such campus or facility during the
period for which consent has been withdrawn is guilty of a
misdemeanor. This subdivision does not apply to any person who
enters or remains on such campus or facility for the sole purpose of
applying to the chief administrative officer for the reinstatement of
consent or for the sole purpose of attending a hearing on the
withdrawal.
(e) This section shall not affect the power of the duly
constituted authorities of a community college, a state university,
the university, or a school, to suspend, dismiss, or expel any
student or employee at the college, state university, university, or
school.
(f) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
(g) This section shall not affect the rights of representatives of
employee organizations to enter, or remain upon, school grounds
while actually engaged in activities related to representation, as
provided for in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.



626.6. (a) If a person who is not a student, officer or employee of
a college or university and who is not required by his or her
employment to be on the campus or any other facility owned, operated,
or controlled by the governing board of that college or university,
enters a campus or facility, and it reasonably appears to the chief
administrative officer of the campus or facility, or to an officer or
employee designated by the chief administrative officer to maintain
order on the campus or facility, that the person is committing any
act likely to interfere with the peaceful conduct of the activities
of the campus or facility, or has entered the campus or facility for
the purpose of committing any such act, the chief administrative
officer or his or her designee may direct the person to leave the
campus or facility. If that person fails to do so or if the person
willfully and knowingly reenters upon the campus or facility within
seven days after being directed to leave, he or she is guilty of a
misdemeanor and shall be punished as follows:
(1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), by imprisonment in the 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 any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both that imprisonment and a fine
of not more than five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
(b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
(c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility within seven days
he or she will be guilty of a crime.


626.7. (a) If a person who is not a student, officer, or employee
of a public school, and who is not required by his or her employment
to be on the campus or any other facility owned, operated, or
controlled by the governing board of that school, enters a campus or
facility outside of the common areas where public business is
conducted, and it reasonably appears to the chief administrative
officer of the campus or facility, or to an officer or employee
designated by the chief administrative officer to maintain order on
the campus or facility, that the person is committing any act likely
to interfere with the peaceful conduct of the activities of the
campus or facility, or has entered the campus or facility for the
purpose of committing any such act, the chief administrative officer
or his or her designee may direct the person to leave the campus or
facility. If that person fails to do so or if the person returns
without following the posted requirements to contact the
administrative offices of the campus, he or she is guilty of a
misdemeanor and shall be punished as follows:
(1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), 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 any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both that imprisonment and a fine of
not more than five hundred dollars ($500), and the defendant shall
not be released on probation, parole, or any other basis until he or
she has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and the defendant shall not be released on probation, parole, or any
other basis until he or she has served not less than 90 days.
For purposes of this section, a representative of a school
employee organization engaged in activities related to
representation, as provided for in Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, shall
be deemed a person required by his or her employment to be in a
school building or on the grounds of a school.
(b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
(c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility without following
the posted requirements to contact the administrative offices of the
campus, he or she will be guilty of a crime.
(d) Notwithstanding any other subdivision of this section, the
chief administrative officer, or his or her designee, shall allow a
person previously directed to leave the campus or facility pursuant
to this section to reenter the campus if the person is a parent or
guardian of a pupil enrolled at the campus or facility who has to
retrieve the pupil for disciplinary reasons, for medical attention,
or for a family emergency.



626.8. (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, is guilty
of a misdemeanor if he or she does any of the following:
(1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly.
(b) Punishment for violation of this section shall be as follows:

(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both the fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the 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 five hundred dollars ($500), and shall not be released
on probation, parole, or any other basis until he or she has served
not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the 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 five hundred dollars ($500), and shall
not be released on probation, parole, or any other basis until he or
she has served not less than 90 days.
(c) As used in this section, the following definitions apply:
(1) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten through 12.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime.


626.81. (a) Any person who is required to register as a ***
offender pursuant to Section 290, who comes into any school building
or upon any school ground without lawful business thereon and written
permission from the chief administrative official of that school, is
guilty of a misdemeanor.
(b) Punishment for violation of this section shall be as follows:

(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both the 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 five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 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 five hundred
dollars ($500), and shall not be released on probation, parole, or
any other basis until he or she has served not less than 90 days.
(c) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



626.85. (a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, unless the person is a parent or
guardian of a child attending that school and his or her presence is
during any school activity, or is a student at the school and his or
her presence is during any school activity, or has prior written
permission for the entry from the chief administrative officer of
that school, is guilty of a misdemeanor if he or she does any of the
following:
(1) Remains there after being asked to leave by the chief
administrative officer of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, sheriff, or a
Department of the California Highway Patrol peace officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1) of subdivision
(a).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or to prohibit any lawful act, including picketing,
strikes, or collective bargaining.
(b) Punishment for violation of this section shall be as follows:

(1) Upon a first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in the 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 any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine not
exceeding one thousand dollars ($1,000), and the defendant shall not
be released on probation, parole, or any other basis until he or she
has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding one thousand dollars ($1,000), and the
defendant shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
(c) As used in this section:
(1) "Specified drug offender" means any person who, within the
immediately preceding three years, has a felony or misdemeanor
conviction of either:
(A) Unlawful sale, or possession for sale, of any controlled
substance, as defined in Section 11007 of the Health and Safety Code.

(B) Unlawful use, possession, or being under the influence of any
controlled substance, as defined in Section 11007 of the Health and
Safety Code, where that conviction was based on conduct which
occurred, wholly or partly, in any school building or upon any school
ground, or adjacent street, sidewalk, or public way.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same calendar year the defendant
came into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten to 12, inclusive.
(4) "School activity" means and includes any school session, any
extracurricular activity or event sponsored by or participated in by
the school, and the 30-minute periods immediately preceding and
following any session, activity, or event.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place he or she will
be guilty of a crime.



626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.
(3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (b), the trier of a
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027.
(d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another, to
discharge, or attempt to discharge, a firearm in a school zone, as
defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall
apply:
(1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the
grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in
Section 12001.
(3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.
(f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
(2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
(A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or
of any crime made punishable by Chapter 1 (commencing with Section
12000) of Title 2 of Part 4.
(ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 12025.
(B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
(3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
(g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 12001.6
shall be punished by imprisonment in a county jail for not less than
three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.
(2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 12001.6, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail
for not less than three months.
(3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of Part 4, if probation is
granted or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
(h) Notwithstanding Section 12026, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or shot in
the barrel or cylinder.
(k) This section does not require that notice be posted regarding
the proscribed conduct.
(l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
(e) of Section 7521 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031.
(n) This section does not apply to an existing shooting range at
a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031.



626.95. (a) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417 , or Section
12025 or 12031, upon the grounds of or within a playground, or a
public or private youth center during hours in which the facility is
open for business, classes, or school-related programs, or at any
time when minors are using the facility, knowing that he or she is on
or within those grounds, shall be punished by imprisonment in the
state prison for one, two, or three years, or in a county jail not
exceeding one year.
(b) State and local authorities are encouraged to cause signs to
be posted around playgrounds and youth centers giving warning of
prohibition of the possession of firearms upon the grounds of or
within playgrounds or youth centers.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city or county
parks.
(2) "Youth center" means any public or private facility that is
used to host recreational or social activities for minors while
minors are present.
(d) It is the Legislature's intent that only an actual conviction
of a felony of one of the offenses specified in this section would
subject the person to firearms disabilities under the federal Gun
Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).



626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a
taser, or a stun gun, as defined in subdivision (a) of Section 244.5,
any instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
(b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense, punishable by imprisonment in a
county jail not exceeding one year, or by imprisonment in the state
prison.
(c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches or a
razor with an unguarded blade upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, or any private university, state
university, or community college at the direction of a faculty member
of the private university, state university, or community college,
or a certificated or classified employee of the school for use in a
private university, state university, community college, or
school-sponsored activity or class.
(d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, or a razor with an unguarded blade upon the grounds of, or
within, a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, or any private
university, state university, or community college for a lawful
purpose within the scope of the person's employment.
(e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
(f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, if the person has the written
permission of the school principal or his or her designee.
(g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
(h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.



626.11. (a) Any evidence seized by a teacher, official, employee,
or governing board member of any university, state university, or
community college, or by any person acting under his or her direction
or with his or her consent in violation of standards relating to
rights under the Fourth Amendment to the United States Constitution
or under Section 13 of Article I of the State Constitution to be free
from unreasonable searches and seizures, or in violation of state or
federal constitutional rights to privacy, or any of them, is
inadmissible in administrative disciplinary proceedings.
(b) Any provision in an agreement between a student and an
educational institution specified in subdivision (a) relating to the
leasing, renting, or use of a room of any student dormitory owned or
operated by the institution by which the student waives a
constitutional right under the Fourth Amendment to the United States
Constitution or under Section 13 of Article I of the State
Constitution, or under state or federal constitutional provision
guaranteeing a right to privacy, or any of them, is contrary to
public policy and void.
(c) Any evidence seized by a person specified in subdivision (a)
after a nonconsensual entry not in violation of subdivision (a) into
a dormitory room, which evidence is not directly related to the
purpose for which the entry was initially made, is not admissible in
administrative disciplinary proceedings.

[هيثم الفقى]

INTERCEPTION OF WIRE, ELECTRONIC DIGITAL
PAGER, OR ELECTRONIC CELLULAR TELEPHONE
COMMUNICATIONS

629.50. (a) Each application for an order authorizing the
interception of a wire, electronic pager, or electronic cellular
telephone 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,
electronic pager, or electronic cellular telephone 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.



629.51. For the purposes of this chapter, the following terms have
the following meanings:
(a) "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.
(b) "Electronic pager communication" means any tone or digital
display or tone and voice pager communication.
(c) "Electronic cellular telephone communication" means any
cellular or cordless radio telephone communication.
(d) "Aural transfer" means a transfer containing the human voice
at any point between and including the point of origin and the point
of reception.


629.52. Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire, electronic pager, or electronic cellular
telephone 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, the commission of a
felony involving a destructive device in violation of Section 12303,
12303.1, 12303.2, 12303.3, 12303.6, 12308, 12309, 12310, or 12312, or
a violation of Section 209.
(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, electronic pager, or electronic
cellular telephone 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.



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



629.54. Each order authorizing the interception of any wire,
electronic pager, or electronic cellular telephone 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.



629.56. (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, electronic pager, or electronic
cellular telephone 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, within 48 hours of 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.



629.58. No order entered under this chapter shall authorize the
interception of any wire, electronic pager, or electronic cellular
telephone, 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. 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.



629.60. 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 six days, and
shall be made by any reasonable and reliable means, as determined by
the judge.



629.61. (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.



629.62. (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 Court 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, electronic pager, and electronic cellular
telephone 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 approximate nature and
frequency of incriminating communications intercepted, (B) the
approximate nature and frequency of other communications intercepted,
(C) the approximate number of persons whose communications were
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 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, electronic pager, or electronic
cellular telephone 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.



629.64. 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 cellular telephone 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 cellular telephone communication or evidence
derived therefrom under Section 629.78.



629.66. 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 and shall not be destroyed except on order of the issuing or
denying judge, and in any event shall be kept for 10 years.



629.68. 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, electronic pager, or
electronic cellular telephone 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.




629.70. (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, electronic
pager, or electronic cellular telephone 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.



629.72. Any person in any trial, hearing, or proceeding, may move
to suppress some or all of the contents of any intercepted wire,
electronic pager, or electronic cellular telephone 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.



629.74. 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, electronic pager, or electronic cellular
telephone communication, or evidence derived therefrom, may disclose
the contents to one of the individuals referred to in this section
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.



629.76. 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,
electronic pager, or electronic cellular telephone 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.



629.78. Any person who has received, by any means authorized by
this chapter, any information concerning a wire, electronic pager, or
electronic cellular telephone 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.



629.80. 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,
electronic pager, or electronic cellular telephone communications in
the manner authorized by this chapter, intercepts wire, electronic
pager, or electronic cellular telephone 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.



629.82. (a) If a peace officer or federal law enforcement officer,
while engaged in intercepting wire, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone 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, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone 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, electronic
pager, or electronic cellular telephone 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, electronic pager, or
electronic cellular telephone communication and a copy of the
contents thereof that were used to obtain the warrant.




629.84. 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 in the state prison, or by both such fine and
imprisonment in the county jail or in the state prison.



629.86. Any person whose wire, electronic pager, or electronic
cellular telephone 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.



629.88. 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, electronic pager, or electronic
cellular telephone 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, electronic pager, or electronic cellular telephone
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.



629.89. 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, electronic pager, or
electronic cellular telephone communications.




629.90. An order authorizing the interception of a wire, electronic
pager, or electronic cellular telephone 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.


629.91. 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.



629.92. 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.



629.94. (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, electronic pager, or electronic
cellular telephone 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, electronic pager, or electronic cellular telephone
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.




629.96. 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.




629.98. This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed.

[هيثم الفقى]

630. 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.



631. (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 in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. 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 in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(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.



632. (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.



632.5. (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.



632.6. (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.


632.7. (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 of Section 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.


633. 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.



633.1. (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.



633.5. 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.



633.6. (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.



634. 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.



635. (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.



636. (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.
(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 in the
state prison, or in the 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.



636.5. 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.


637. 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 such person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.



637.1. 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.


637.2. (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.



637.3. (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.



637.4. (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 *** 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.



637.5. (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.



637.6. (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.



637.7. (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.




637.9. (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 *** 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.



638. (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.

[هيثم الفقى]

639. 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.



639a. 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.



640. (a) Any of the acts described in 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 his or her hours of school attendance or
employment, when committed on or in 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 leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.

(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
(8) 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.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph (9) 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.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading 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.
(11) (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.
(c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and 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.


640.2. (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.



640.5. (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.



640.6. (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.



640.7. Any person who violates Section 594, 640.5, or 640.6 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.



640.8. 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.



640a. 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.



640b. 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.



641. 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.



641.3. (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 one hundred dollars ($100) 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.



641.4. (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.




641.5. (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.



641.6. 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.


642. 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.



643. 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.




645. (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 *** 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.


646. 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.



646.5. 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.


646.6. 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.


646.9. (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 *** 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.



646.91. (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.




646.91a. (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.


646.92. (a) The Department of Corrections, 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 and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
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 of Corrections 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).



646.93. (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.



646.94. (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.




647. 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, or camcorder, 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 ***ual 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.



647.1. 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.




647.2. 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.



647.6. (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 ***ual
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.



647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) 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 (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) 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 (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) 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.



647a. (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.



647b. 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.



647c. 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.



647d. (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).



647e. (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.


647f. 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 1202.1 or 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.



648. 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.




648a. (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.


649. 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.



649a. 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.


651. 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.


652. (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.



653. 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.



653b. (a) Except as provided in subdivision (b), 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 the county jail for not exceeding six months,
or by both the fine and the imprisonment.
(b) Every person required to register as a *** offender who
violates subdivision (a) shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding two thousand
($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) 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.
(d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



653c. (a) No person required to register as a *** 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 ***
offender shall advise the facility administrator or designee that he
or she is a *** 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 ***
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.



653d. 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.



653f. (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 in the state prison, 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) 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
in the state prison.
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 in the state prison.
(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.




653h. (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 in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
(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 such articles that were initially
mastered prior to February 15, 1972.



653i. 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).



653j. (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 in the state prison 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.



653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.



653m. (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 makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed 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 the electronic communication or
communications were originally sent or first viewed by the recipient.

(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(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, 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.



653n. 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.



653o. (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) Commencing January 1, 2010, 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.
(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 by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
(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 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, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.



653o. (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) Commencing January 1, 2010, 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.
(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 the 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, 2011.



653p. 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, or under the Marine Mammal Protection Act of 1972 (Title
16, United States Code Sec. 1361 et seq.), 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.




653q. 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.



653r. 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.



653s. (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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), 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 twenty-five thousand dollars ($25,000), or both. 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 in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.



653t. (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.
(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.




653u. (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) 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.

(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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. 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 in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.


653v. 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.




653w. (a) 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, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the 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.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, 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.
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 or tapes 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 in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(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 twenty-five thousand dollars ($25,000), or by both.
(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 in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.



653x. (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.


653y. (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 or second 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 third 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 third violation, a fine of fifty dollars ($50).
(B) For a fourth violation, a fine of one hundred dollars ($100).

(C) For a fifth or subsequent violation, a fine of two hundred
dollars ($200).
(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.



653z. (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 two
thousand five hundred dollars ($2,500), 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.



653aa. (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 two thousand five hundred dollars
($2,500), 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 two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
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 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.
(i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.



653.1. (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.

[هيثم الفقى]

LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION OFFENSE
653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in ***ual conduct for
money or other consideration, but does not include ***ual 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.



653.22. (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.



653.23. (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.



653.24. 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.



653.26. A violation of any provision of this chapter is a
misdemeanor.


653.28. 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.

[هيثم الفقى]

653.55. 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.



653.56. 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 Naturalization Service, 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.



653.57. 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.



653.58. 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.



653.59. 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.



653.60. 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.


653.61. 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.

[هيثم الفقى]

CRIMES COMMITTED WHILE IN CUSTODY IN CORRECTIONAL
FACILITIES
653.75. 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.

[هيثم الفقى]

630. 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.



631. (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 in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. 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 in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(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.



632. (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.



632.5. (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.



632.6. (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.


632.7. (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 of Section 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.


633. 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.



633.1. (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.



633.5. 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.



633.6. (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.



634. 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.



635. (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.



636. (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.
(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 in the
state prison, or in the 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.



636.5. 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.


637. 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 such person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.



637.1. 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.


637.2. (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.



637.3. (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.



637.4. (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 *** 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.



637.5. (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.



637.6. (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.



637.7. (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.




637.9. (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 *** 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.



638. (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.

[هيثم الفقى]

639. 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.



639a. 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.



640. (a) Any of the acts described in 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 his or her hours of school attendance or
employment, when committed on or in 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 leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.

(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
(8) 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.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph (9) 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.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading 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.
(11) (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.
(c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and 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.


640.2. (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.



640.5. (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.



640.6. (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.



640.7. Any person who violates Section 594, 640.5, or 640.6 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.



640.8. 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.



640a. 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.



640b. 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.



641. 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.



641.3. (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 one hundred dollars ($100) 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.



641.4. (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.




641.5. (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.



641.6. 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.


642. 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.



643. 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.




645. (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 *** 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.


646. 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.



646.5. 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.


646.6. 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.


646.9. (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 *** 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.



646.91. (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.




646.91a. (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.


646.92. (a) The Department of Corrections, 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 and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
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 of Corrections 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).



646.93. (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.



646.94. (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.




647. 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, or camcorder, 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 ***ual 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.



647.1. 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.




647.2. 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.



647.6. (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 ***ual
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.



647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) 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 (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) 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 (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) 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.



647a. (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.



647b. 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.



647c. 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.



647d. (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).



647e. (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.


647f. 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 1202.1 or 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.



648. 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.




648a. (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.


649. 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.



649a. 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.


651. 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.


652. (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.



653. 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.



653b. (a) Except as provided in subdivision (b), 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 the county jail for not exceeding six months,
or by both the fine and the imprisonment.
(b) Every person required to register as a *** offender who
violates subdivision (a) shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding two thousand
($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) 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.
(d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



653c. (a) No person required to register as a *** 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 ***
offender shall advise the facility administrator or designee that he
or she is a *** 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 ***
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.



653d. 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.



653f. (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 in the state prison, 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) 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
in the state prison.
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 in the state prison.
(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.




653h. (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 in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
(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 such articles that were initially
mastered prior to February 15, 1972.



653i. 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).



653j. (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 in the state prison 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.



653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.



653m. (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 makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed 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 the electronic communication or
communications were originally sent or first viewed by the recipient.

(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(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, 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.



653n. 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.



653o. (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) Commencing January 1, 2010, 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.
(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 by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
(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 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, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.



653o. (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) Commencing January 1, 2010, 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.
(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 the 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, 2011.



653p. 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, or under the Marine Mammal Protection Act of 1972 (Title
16, United States Code Sec. 1361 et seq.), 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.




653q. 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.



653r. 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.



653s. (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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), 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 twenty-five thousand dollars ($25,000), or both. 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 in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.



653t. (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.
(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.




653u. (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) 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.

(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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. 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 in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.


653v. 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.




653w. (a) 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, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the 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.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, 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.
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 or tapes 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 in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(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 twenty-five thousand dollars ($25,000), or by both.
(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 in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.



653x. (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.


653y. (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 or second 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 third 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 third violation, a fine of fifty dollars ($50).
(B) For a fourth violation, a fine of one hundred dollars ($100).

(C) For a fifth or subsequent violation, a fine of two hundred
dollars ($200).
(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.



653z. (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 two
thousand five hundred dollars ($2,500), 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.



653aa. (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 two thousand five hundred dollars
($2,500), 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 two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
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 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.
(i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.



653.1. (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.

[هيثم الفقى]

653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in ***ual conduct for
money or other consideration, but does not include ***ual 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.



653.22. (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.



653.23. (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.



653.24. 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.



653.26. A violation of any provision of this chapter is a
misdemeanor.


653.28. 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.

[هيثم الفقى]

653.55. 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.



653.56. 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 Naturalization Service, 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.



653.57. 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.



653.58. 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.



653.59. 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.



653.60. 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.


653.61. 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.

[هيثم الفقى]

653.75. 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.

[هيثم الفقى]

654. (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.


654.1. 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.


654.2. 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.


654.3. 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.



655. 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.


656. 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.




656.5. 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.



656.6. 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.


657. A criminal act is not the less punishable as a crime because
it is also declared to be punishable as a contempt.



658. 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.



659. 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.



660. 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.



661. 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.



662. 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.



663. 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.


664. 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, the person guilty of the attempt shall be punished by
imprisonment in the state prison 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.



665. 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.



666. Every person 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 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 in the state prison.



666.5. (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 in the state prison 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.



667. (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 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 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 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 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 *** 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison. A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A prior juvenile adjudication shall constitute a prior 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 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 a prior felony
conviction:
(1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior 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 greater of:
(i) Three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior 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.
(f) (1) Notwithstanding any other law, subdivisions (b) to (i),
inclusive, shall be applied in every case in which a defendant has a
prior felony conviction as defined in subdivision (d). The
prosecuting attorney shall plead and prove each prior felony
conviction except as provided in paragraph (2).
(2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
(g) Prior 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 convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior 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 June 30, 1993.
(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.


667.1. Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after the effective date of this act, all
references to existing statutes in subdivisions (c) to (g),
inclusive, of Section 667, are to those statutes as they existed on
the effective date of this act, including amendments made to those
statutes by the act enacted during the 2005-06 Regular Session that
amended this section.



667.5. 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 is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall be imposed under
this subdivision for any prison term served prior to a period of five
years in which the defendant remained free of both prison custody
and the commission of an offense which results in a felony
conviction.
(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) ***ual penetration as defined in subdivision (a) or (j) of
Section 289.
(12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in
violation of Section 220.
(16) Continuous ***ual 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 ***ual 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 or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. 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.
(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 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 *** 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 Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
(k) 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.
This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.



667.51. (a) Any person who is convicted of violating Section 288 or
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 288 or 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.


667.6. (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 *** crime and
another, the defendant had a reasonable opportunity to reflect upon
his or her actions and nevertheless resumed ***ually 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 ***ual 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 ***ual 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) ***ual 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 ***ual 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 ***ual exploitation
and child ***ual 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.



667.61. (a) 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), 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 ***ual penetration, in concert, in
violation of Section 264.1.
(4) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
(5) ***ual 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 ***ual 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.
(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 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.
(4) 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.
(5) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
(6) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
(7) The defendant administered a controlled substance to the
victim in the commission of the present offense in violation of
Section 12022.75.
(8) 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), (4), (6), or
(7) of this subdivision.
(f) If only the minimum number of circumstances specified in
subdivision (d) or (e) that are required for the punishment provided
in subdivision (a) or (b) 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) or (b), 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), 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), 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) 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.



667.7. (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, ***ual
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 12308; exploding a
destructive device which causes bodily injury in violation of Section
12309, or mayhem or great bodily injury in violation of Section
12310; exploding a destructive device with intent to injure,
intimidate, or terrify, in violation of Section 12303.3; 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.


667.70. 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.



667.71. (a) For the purpose of this section, a habitual ***ual
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 ***ual 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 ***ual 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) ***ual penetration, in violation of subdivision (a) or (j) of
Section 289.
(6) Continuous ***ual 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 *** offenses).
(11) Kidnapping, in violation of subdivision (b) of Section 209
with the intent to commit a specified ***ual offense.
(12) Aggravated ***ual 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 ***ual 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.



667.75. 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.



667.8. (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 ***ual offense,
kidnapped the victim in violation of Section 207 or 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 ***ual offense, kidnapped the
victim, who was under the age of 14 years at the time of the offense,
in violation of Section 207 or 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 207 or 209.
(B) A violation of the ***ual offenses enumerated in this section.



667.85. Any person convicted of a violation of Section 207 or 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.


667.9. (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 of paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Rape, spousal rape, or ***ual 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) ***ual 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.



667.10. (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.



667.15. 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 ***ual
conduct, as defined in subdivision (d) of Section 311.4, with the
intent of arousing, appealing to, or gratifying the lust, passions,
or ***ual 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.



667.16. (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.



667.17. 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.



668. 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.




668.5. 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.



669. When any 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.
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.
The Department of Corrections 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 upon
which have not been completely served.



670. (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.



672. 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.



673. 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.



674. (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.



675. (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.



678. 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.

[هيثم الفقى]

679. 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.



679.01. 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.



679.02. (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) To be notified by the district attorney's office where the
case involves a violent felony, as defined in subdivision (c) of
Section 667.5, or in the event of a homicide, the victim's next of
kin, of a pending pretrial disposition before a change of plea is
entered before a judge.
(A) A victim of any felony may request to be notified, by the
district attorney's office, of a pretrial disposition.
(B) If it is not possible to notify the victim of the pretrial
disposition before the change of plea is entered, the district
attorney's office or the county probation department shall notify the
victim as soon as possible.
(C) 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.



679.026. (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).



679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
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 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 Prison Terms 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 Title 7 of Division 1
of the Government Code).



679.04. (a) A victim of ***ual 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 ***ual 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 ***ual assault, a victim of ***ual
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.



679.05. (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.



679.08. (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.



680. (a) This section shall be known as and may be cited as the
"***ual 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 ***ual assault offenders.
(2) Victims of ***ual assaults have a strong interest in the
investigation and prosecution of their cases.
(3) Law enforcement agencies have an obligation to victims of
***ual 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 ***ual 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 ***ual
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 ***ual assault.
(c) (1) Upon the request of a ***ual 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, ***ual 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
***ual 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
***ual 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
***ual 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 ***ual assault victim may designate a ***ual 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
***ual 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 ***ual
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).

[هيثم الفقى]

PRELIMINARY PROVISIONS

681. No person can be punished for a public offense, except upon a
legal conviction in a Court having jurisdiction thereof.



682. 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.



683. 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.


684. 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.


685. The party prosecuted in a criminal action is designated in
this Code as the defendant.



686. 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.



686.1. 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.



686.2. (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.


686.5. 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.



687. No person can be subjected to a second prosecution for a
public offense for which he has once been prosecuted and convicted or
acquitted.


688. 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.



689. 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.


690. 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.



691. 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.

[هيثم الفقى]

630. 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.



631. (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 in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. 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 in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(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.



632. (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.



632.5. (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.



632.6. (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.


632.7. (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 of Section 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.


633. 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.



633.1. (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.



633.5. 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.



633.6. (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.



634. 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.



635. (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.



636. (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.
(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 in the
state prison, or in the 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.



636.5. 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.


637. 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 such person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.



637.1. 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.


637.2. (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.



637.3. (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.



637.4. (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 *** 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.



637.5. (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.



637.6. (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.



637.7. (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.




637.9. (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 *** 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.



638. (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.

[هيثم الفقى]

639. 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.



639a. 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.



640. (a) Any of the acts described in 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 his or her hours of school attendance or
employment, when committed on or in 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 leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.

(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
(8) 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.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph (9) 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.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading 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.
(11) (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.
(c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and 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.


640.2. (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.



640.5. (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.



640.6. (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.



640.7. Any person who violates Section 594, 640.5, or 640.6 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.



640.8. 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.



640a. 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.



640b. 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.



641. 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.



641.3. (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 one hundred dollars ($100) 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.



641.4. (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.




641.5. (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.



641.6. 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.


642. 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.



643. 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.




645. (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 *** 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.


646. 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.



646.5. 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.


646.6. 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.


646.9. (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 *** 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.



646.91. (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.




646.91a. (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.


646.92. (a) The Department of Corrections, 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 and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
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 of Corrections 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).



646.93. (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.



646.94. (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.




647. 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, or camcorder, 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 ***ual 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.



647.1. 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.




647.2. 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.



647.6. (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 ***ual
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.



647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) 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 (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) 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 (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) 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.



647a. (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.



647b. 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.



647c. 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.



647d. (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).



647e. (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.


647f. 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 1202.1 or 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.



648. 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.




648a. (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.


649. 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.



649a. 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.


651. 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.


652. (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.



653. 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.



653b. (a) Except as provided in subdivision (b), 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 the county jail for not exceeding six months,
or by both the fine and the imprisonment.
(b) Every person required to register as a *** offender who
violates subdivision (a) shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding two thousand
($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) 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.
(d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



653c. (a) No person required to register as a *** 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 ***
offender shall advise the facility administrator or designee that he
or she is a *** 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 ***
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.



653d. 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.



653f. (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 in the state prison, 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) 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
in the state prison.
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 in the state prison.
(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.




653h. (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 in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
(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 such articles that were initially
mastered prior to February 15, 1972.



653i. 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).



653j. (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 in the state prison 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.



653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.



653m. (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 makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed 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 the electronic communication or
communications were originally sent or first viewed by the recipient.

(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(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, 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.



653n. 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.



653o. (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) Commencing January 1, 2010, 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.
(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 by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
(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 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, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.



653o. (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) Commencing January 1, 2010, 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.
(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 the 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, 2011.



653p. 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, or under the Marine Mammal Protection Act of 1972 (Title
16, United States Code Sec. 1361 et seq.), 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.




653q. 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.



653r. 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.



653s. (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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), 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 twenty-five thousand dollars ($25,000), or both. 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 in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.



653t. (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.
(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.




653u. (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) 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.

(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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. 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 in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.


653v. 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.




653w. (a) 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, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the 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.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, 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.
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 or tapes 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 in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(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 twenty-five thousand dollars ($25,000), or by both.
(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 in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.



653x. (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.


653y. (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 or second 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 third 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 third violation, a fine of fifty dollars ($50).
(B) For a fourth violation, a fine of one hundred dollars ($100).

(C) For a fifth or subsequent violation, a fine of two hundred
dollars ($200).
(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.



653z. (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 two
thousand five hundred dollars ($2,500), 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.



653aa. (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 two thousand five hundred dollars
($2,500), 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 two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
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 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.
(i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.



653.1. (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.

[هيثم الفقى]

653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in ***ual conduct for
money or other consideration, but does not include ***ual 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.



653.22. (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.



653.23. (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.



653.24. 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.



653.26. A violation of any provision of this chapter is a
misdemeanor.


653.28. 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.

[هيثم الفقى]

653.55. 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.



653.56. 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 Naturalization Service, 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.



653.57. 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.



653.58. 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.



653.59. 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.



653.60. 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.


653.61. 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.

[هيثم الفقى]

630. 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.



631. (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 in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. 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 in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(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.



632. (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.



632.5. (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.



632.6. (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.


632.7. (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 of Section 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.


633. 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.



633.1. (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.



633.5. 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.



633.6. (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.



634. 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.



635. (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.



636. (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.
(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 in the
state prison, or in the 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.



636.5. 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.


637. 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 such person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.



637.1. 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.


637.2. (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.



637.3. (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.



637.4. (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 *** 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.



637.5. (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.



637.6. (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.



637.7. (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.




637.9. (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 *** 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.



638. (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.

[هيثم الفقى]

639. 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.



639a. 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.



640. (a) Any of the acts described in 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 his or her hours of school attendance or
employment, when committed on or in 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 leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.

(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
(8) 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.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph (9) 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.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading 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.
(11) (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.
(c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and 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.


640.2. (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.



640.5. (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.



640.6. (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.



640.7. Any person who violates Section 594, 640.5, or 640.6 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.



640.8. 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.



640a. 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.



640b. 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.



641. 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.



641.3. (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 one hundred dollars ($100) 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.



641.4. (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.




641.5. (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.



641.6. 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.


642. 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.



643. 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.




645. (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 *** 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.


646. 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.



646.5. 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.


646.6. 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.


646.9. (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 *** 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.



646.91. (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.




646.91a. (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.


646.92. (a) The Department of Corrections, 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 and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
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 of Corrections 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).



646.93. (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.



646.94. (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.




647. 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, or camcorder, 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 ***ual 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.



647.1. 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.




647.2. 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.



647.6. (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 ***ual
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.



647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) 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 (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) 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 (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) 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.



647a. (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.



647b. 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.



647c. 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.



647d. (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).



647e. (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.


647f. 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 1202.1 or 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.



648. 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.




648a. (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.


649. 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.



649a. 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.


651. 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.


652. (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.



653. 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.



653b. (a) Except as provided in subdivision (b), 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 the county jail for not exceeding six months,
or by both the fine and the imprisonment.
(b) Every person required to register as a *** offender who
violates subdivision (a) shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding two thousand
($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) 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.
(d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.



653c. (a) No person required to register as a *** 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 ***
offender shall advise the facility administrator or designee that he
or she is a *** 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 ***
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.



653d. 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.



653f. (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 in the state prison, 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) 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
in the state prison.
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 in the state prison.
(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.




653h. (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 in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
(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 such articles that were initially
mastered prior to February 15, 1972.



653i. 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).



653j. (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 in the state prison 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.



653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.



653m. (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 makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed 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 the electronic communication or
communications were originally sent or first viewed by the recipient.

(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(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, 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.



653n. 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.



653o. (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) Commencing January 1, 2010, 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.
(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 by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
(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 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, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.



653o. (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) Commencing January 1, 2010, 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.
(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 the 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, 2011.



653p. 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, or under the Marine Mammal Protection Act of 1972 (Title
16, United States Code Sec. 1361 et seq.), 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.




653q. 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.



653r. 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.



653s. (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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), 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 twenty-five thousand dollars ($25,000), or both. 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 in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
(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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.



653t. (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.
(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.




653u. (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) 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.

(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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. 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 in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.


653v. 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.




653w. (a) 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, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the 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.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, 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.
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 or tapes 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 in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(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 twenty-five thousand dollars ($25,000), or by both.
(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 in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.



653x. (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.


653y. (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 or second 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 third 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 third violation, a fine of fifty dollars ($50).
(B) For a fourth violation, a fine of one hundred dollars ($100).

(C) For a fifth or subsequent violation, a fine of two hundred
dollars ($200).
(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.



653z. (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 two
thousand five hundred dollars ($2,500), 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.



653aa. (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 two thousand five hundred dollars
($2,500), 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 two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
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 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.
(i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.



653.1. (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.

[هيثم الفقى]

LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION OFFENSE
653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in ***ual conduct for
money or other consideration, but does not include ***ual 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.



653.22. (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.



653.23. (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.



653.24. 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.



653.26. A violation of any provision of this chapter is a
misdemeanor.


653.28. 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.

[هيثم الفقى]

653.55. 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.



653.56. 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 Naturalization Service, 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.



653.57. 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.



653.58. 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.



653.59. 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.



653.60. 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.


653.61. 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.

[هيثم الفقى]

CRIMES COMMITTED WHILE IN CUSTODY IN CORRECTIONAL
FACILITIES
653.75. 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.

[هيثم الفقى]

654. (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.


654.1. 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.


654.2. 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.


654.3. 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.



655. 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.


656. 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.




656.5. 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.



656.6. 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.


657. A criminal act is not the less punishable as a crime because
it is also declared to be punishable as a contempt.



658. 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.



659. 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.



660. 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.



661. 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.



662. 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.



663. 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.


664. 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, the person guilty of the attempt shall be punished by
imprisonment in the state prison 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.



665. 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.



666. Every person 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 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 in the state prison.



666.5. (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 in the state prison 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.



667. (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 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 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 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 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 *** 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison. A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A prior juvenile adjudication shall constitute a prior 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 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 a prior felony
conviction:
(1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior 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 greater of:
(i) Three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior 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.
(f) (1) Notwithstanding any other law, subdivisions (b) to (i),
inclusive, shall be applied in every case in which a defendant has a
prior felony conviction as defined in subdivision (d). The
prosecuting attorney shall plead and prove each prior felony
conviction except as provided in paragraph (2).
(2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
(g) Prior 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 convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior 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 June 30, 1993.
(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.


667.1. Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after the effective date of this act, all
references to existing statutes in subdivisions (c) to (g),
inclusive, of Section 667, are to those statutes as they existed on
the effective date of this act, including amendments made to those
statutes by the act enacted during the 2005-06 Regular Session that
amended this section.



667.5. 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 is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall be imposed under
this subdivision for any prison term served prior to a period of five
years in which the defendant remained free of both prison custody
and the commission of an offense which results in a felony
conviction.
(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) ***ual penetration as defined in subdivision (a) or (j) of
Section 289.
(12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in
violation of Section 220.
(16) Continuous ***ual 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 ***ual 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 or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. 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.
(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 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 *** 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 Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
(k) 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.
This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.



667.51. (a) Any person who is convicted of violating Section 288 or
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 288 or 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.


667.6. (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 *** crime and
another, the defendant had a reasonable opportunity to reflect upon
his or her actions and nevertheless resumed ***ually 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 ***ual 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 ***ual 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) ***ual 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 ***ual 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 ***ual exploitation
and child ***ual 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.



667.61. (a) 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), 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 ***ual penetration, in concert, in
violation of Section 264.1.
(4) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
(5) ***ual 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 ***ual 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.
(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 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.
(4) 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.
(5) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
(6) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
(7) The defendant administered a controlled substance to the
victim in the commission of the present offense in violation of
Section 12022.75.
(8) 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), (4), (6), or
(7) of this subdivision.
(f) If only the minimum number of circumstances specified in
subdivision (d) or (e) that are required for the punishment provided
in subdivision (a) or (b) 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) or (b), 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), 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), 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) 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.



667.7. (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, ***ual
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 12308; exploding a
destructive device which causes bodily injury in violation of Section
12309, or mayhem or great bodily injury in violation of Section
12310; exploding a destructive device with intent to injure,
intimidate, or terrify, in violation of Section 12303.3; 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.


667.70. 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.



667.71. (a) For the purpose of this section, a habitual ***ual
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 ***ual 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 ***ual 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) ***ual penetration, in violation of subdivision (a) or (j) of
Section 289.
(6) Continuous ***ual 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 *** offenses).
(11) Kidnapping, in violation of subdivision (b) of Section 209
with the intent to commit a specified ***ual offense.
(12) Aggravated ***ual 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 ***ual 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.



667.75. 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.



667.8. (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 ***ual offense,
kidnapped the victim in violation of Section 207 or 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 ***ual offense, kidnapped the
victim, who was under the age of 14 years at the time of the offense,
in violation of Section 207 or 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 207 or 209.
(B) A violation of the ***ual offenses enumerated in this section.



667.85. Any person convicted of a violation of Section 207 or 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.


667.9. (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 of paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Rape, spousal rape, or ***ual 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) ***ual 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.



667.10. (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.



667.15. 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 ***ual
conduct, as defined in subdivision (d) of Section 311.4, with the
intent of arousing, appealing to, or gratifying the lust, passions,
or ***ual 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.



667.16. (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.



667.17. 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.



668. 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.




668.5. 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.



669. When any 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.
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.
The Department of Corrections 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 upon
which have not been completely served.



670. (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.



672. 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.



673. 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.



674. (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.



675. (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.



678. 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.

[هيثم الفقى]

679. 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.



679.01. 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.



679.02. (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) To be notified by the district attorney's office where the
case involves a violent felony, as defined in subdivision (c) of
Section 667.5, or in the event of a homicide, the victim's next of
kin, of a pending pretrial disposition before a change of plea is
entered before a judge.
(A) A victim of any felony may request to be notified, by the
district attorney's office, of a pretrial disposition.
(B) If it is not possible to notify the victim of the pretrial
disposition before the change of plea is entered, the district
attorney's office or the county probation department shall notify the
victim as soon as possible.
(C) 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.



679.026. (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).



679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
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 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 Prison Terms 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 Title 7 of Division 1
of the Government Code).



679.04. (a) A victim of ***ual 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 ***ual 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 ***ual assault, a victim of ***ual
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.



679.05. (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.



679.08. (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.



680. (a) This section shall be known as and may be cited as the
"***ual 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 ***ual assault offenders.
(2) Victims of ***ual assaults have a strong interest in the
investigation and prosecution of their cases.
(3) Law enforcement agencies have an obligation to victims of
***ual 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 ***ual 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 ***ual
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 ***ual assault.
(c) (1) Upon the request of a ***ual 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, ***ual 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
***ual 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
***ual 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
***ual 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 ***ual assault victim may designate a ***ual 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
***ual 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 ***ual
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).

[هيثم الفقى]

681. No person can be punished for a public offense, except upon a
legal conviction in a Court having jurisdiction thereof.



682. 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.



683. 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.


684. 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.


685. The party prosecuted in a criminal action is designated in
this Code as the defendant.



686. 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.



686.1. 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.



686.2. (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.


686.5. 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.



687. No person can be subjected to a second prosecution for a
public offense for which he has once been prosecuted and convicted or
acquitted.


688. 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.



689. 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.


690. 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.



691. 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.

[هيثم الفقى]

OF LAWFUL RESISTANCE

692. Lawful resistance to the commission of a public offense may be
made:
1. By the party about to be injured;
2. By other parties.


693. 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.



694. Any other person, in aid or defense of the person about to be
injured, may make resistance sufficient to prevent the offense.

[هيثم الفقى]

697. 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.



698. 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.

[هيثم الفقى]

701. 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.



701.5. (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.


702. 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.


703. 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.



704. 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.



705. 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.



706. 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.



707. 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.


708. If the person complained of is committed for not giving the
undertaking required, he may be discharged by any magistrate, upon
giving the same.


709. The undertaking must be filed by the magistrate in the office
of the Clerk of the county.



710. 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 to do so, may
be committed as provided in Section 707.



711. Upon the conviction of the person informed against of a breach
of the peace, the undertaking is broken.



712. 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.



713. 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.



714. Security to keep the peace, or be of good behavior, cannot be
required except as prescribed in this Chapter.

[هيثم الفقى]

723. 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.



724. 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.


726. 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.



727. 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.

[هيثم الفقى]

737. 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.



738. 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.



739. 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.



740. 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.

[هيثم الفقى]

750. 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.

[هيثم الفقى]

OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES


777. 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.



777a. 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.



777b. 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.



778. 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.



778a. (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.


778b. 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.




781. When a public offense is committed in part in one
jurisdictional territory and in part in another, or the acts or
effects thereof constituting or requisite to the consummation of the
offense occur in two or more jurisdictional territories, the
jurisdiction of such offense is in any competent court within either
jurisdictional territory.



782. 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.


783. 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.



783.5. 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.




784. 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.



784.5. 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.



784.7. (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.



785. 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.


786. (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
of personal identifying information, as defined in Section 530.5 of
the Penal Code, shall also include the county where the theft of the
personal identifying information occurred, or the county where the
information was used for an illegal purpose. If multiple offenses of
unauthorized use of personal identifying information, all involving
the same defendant or defendants and the same personal identifying
information belonging to the one person, occur in multiple
jurisdictions, any one of those jurisdictions is a proper
jurisdiction for all of the 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,
the rights of the defendant and the people, and the convenience of,
or hardship to, the victim and witnesses.
(c) This section shall not be interpreted to alter victims' rights
under Section 530.6.



787. 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.



788. 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.


789. 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.



790. (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.



791. 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.




792. 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.



793. 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.



793.5. 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.



794. 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.



795. 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.

[هيثم الفقى]

799. 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.




800. Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be commenced within six years after commission of the
offense.


801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.



801.1. (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.



801.2. 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.


801.5. 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.



801.6. 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.



802. (a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison 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) This section shall become operative on July 1, 2005, only if
Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
effective on or before January 1, 2005.



803. (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, 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, 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 ***ual 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.



803.5. 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.



803.6. (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.



804. 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) A case is certified to the superior court.
(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.



805. 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.

[هيثم الفقى]

806. 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.



807. A magistrate is an officer having power to issue a warrant for
the arrest of a person charged with a public offense.



808. 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.



809. 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.


810. (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.

[هيثم الفقى]

813. (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.



814. 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.)




815. 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.



815a. 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).



816. 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.



816a. 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.


817. (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
______________________________________ and to bring the defendant
(name of 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.




817.5. (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.



818. 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.


821. 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.



822. 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.




823. 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.



824. 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.



825. (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.



825.5. 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.



826. If on a warrant issued under Section 813 or 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.



827. 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.



827.1. 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.




828. 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.



829. 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.

[هيثم الفقى]

830. 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.



830.1. (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, Glenn, Humboldt,
Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino,
Plumas, Riverside, San Benito, San Diego, Santa Barbara, Shasta,
Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, and
Tuolumne 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.


830.2. 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 Law Enforcement and Investigations Unit
of the Department of Corrections, provided that the primary duties of
the peace officer shall be the investigation or apprehension of
parolees, parole violators, or escapees from state institutions, the
transportation of those persons, 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, provided that the primary duties shall be criminal
investigations of Department of Corrections 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.
(j) The Inspector General, pursuant to Section 6125, and the Chief
Deputy Inspector General In Charge, the Senior Deputy Inspector
General, the Deputy Inspector General, and those employees of the
Inspector General as designated by the Inspector General, are peace
officers, provided that the primary duty of these peace officers
shall be conducting audits of investigatory practices and other
audits, as well as conducting investigations, of the Department of
Corrections, the Department of the Youth Authority, the Board of
Prison Terms, the Youthful Offender Parole Board, or the Board of
Corrections.



830.3. 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 of the
Penal Code 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 three 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 Division of
the Office of Emergency Services.
(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.



830.31. 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 designated by the general manager of the
department, 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.
(2) A peace officer designated pursuant to this subdivision, and
authorized to carry firearms by his or her employing agency, 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.



830.32. 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.


830.33. 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.




830.34. 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.


830.35. 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.



830.36. 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.


830.37. 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.



830.38. The officers of a state hospital under the jurisdiction of
the State Department of Mental Health 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.



830.39. (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.



830.4. 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) Guards and messengers of the Treasurer's office when
performing assigned duties as a guard or messenger.
(c) Security officers of the Department of Justice when performing
assigned duties as security officers.
(d) 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 provisions of
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 provision of 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 there shall be no change in the
status of those persons for purposes of retirement, workers'
compensation or similar injury or death benefits, or other employee
benefits.



830.5. 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. 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 or the
Department of the Youth Authority, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Youthful Offender 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 or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(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) To the rendering of mutual aid to any other law enforcement
agency.
For the purposes of this subdivision, "parole agent" shall have
the same meaning as parole officer of the Department of Corrections
or of the Department of the Youth Authority.
Any parole officer of the Department of Corrections, the
Department of the Youth Authority, or the Youthful Offender Parole
Board 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 the Youth Authority shall develop a policy for arming
peace officers of the Department of the Youth Authority 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.
The Department of the Youth Authority 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 or any employee of the Department of the Youth Authority
having custody of wards or the Inspector General of the Youth and
Adult Correctional Agency or any internal affairs investigator under
the authority of the Inspector General or any employee of the
Department of Corrections designated by the Director of Corrections
or any correctional counselor series employee of the Department of
Corrections or any medical technical assistant series employee
designated by the Director of Corrections or designated by the
Director of Corrections and employed by the State Department of
Mental Health or employee of the Board of Prison Terms designated by
the Secretary of the Youth and Adult Correctional Agency or employee
of the Department of the Youth Authority designated by the Director
of the Youth Authority 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 or the Department
of the Youth Authority, a correctional officer or correctional
counselor employed by the Department of Corrections or any employee
of the Department of the Youth Authority having custody of wards or
any employee of the Department of Corrections designated by the
Director of Corrections. A parole officer of the Youthful Offender
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 12025.
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, the Department of
the Youth Authority, or the Youthful Offender 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 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 Director of Corrections 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 Director
of the Youth Authority, or his or her designee. The director, 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.


830.55. (a) 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 or the Department
of the Youth Authority, 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.
(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 2910.5 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
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.



830.6. (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.



830.65. (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.




830.7. 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, 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" is defined, for purposes of this
section, as a person regularly employed by a city, county, or city
and county, whose duties include illegal dumping enforcement and is
designated by local ordinance as a public officer. No person may be
appointed as an illegal dumping enforcement officer if that person is
disqualified pursuant to the criteria set forth in Section 1029 of
the Government Code. Persons 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.


830.8. (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 836 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 Forest Service of the Department of
Agriculture. 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 847 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 (a) 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 12025 and subdivision (a) of
Section 12031 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.



830.9. 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.



830.10. 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.



830.11. (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.
(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.



830.12. 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.


830.13. (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:
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.
(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.



830.14. (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) and (b) 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)
and (b) 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) and (b) 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)
and (b) of Section 640 relating to the operation of a public
transportation system if these persons complete the training
requirement specified in this section.
(e) Persons authorized pursuant to this section to enforce
subdivisions (a) and (b) of Section 640 shall complete a specialized
fare compliance course which shall be provided by the authorizing
agency. This training course shall include, but not be limited to,
the following topics:
(1) An overview of barrier-free fare inspection concepts.
(2) The scope and limitations of inspector authority.
(3) Familiarization with the elements of the infractions
enumerated in subdivisions (a) and (b) of Section 640.
(4) Techniques for conducting fare checks, including inspection
procedures, demeanor, and contacting violators.
(5) Citation issuance and court appearances.
(6) Fare media recognition.
(7) Handling argumentative violators and diffusing conflict.
(8) The mechanics of law enforcement support and interacting with
law enforcement for effective incident resolution.
(f) Persons described in this section are public officers, not
peace officers, have no authority to carry firearms or any other
weapon while performing the duties authorized in this section, and
may not exercise the powers of arrest of a peace officer while
performing the duties authorized in this section. These persons may
be authorized by the agencies specified in this section to issue
citations involving infractions relating to the operation of the rail
service specified in this section.
(g) Nothing in this section shall affect the retirement or
disability benefits provided to employees described in this section
or be in violation of any collective bargaining agreement between a
labor organization and a railroad corporation.
(h) Notwithstanding any other provision of this section, the
primary responsibility of a conductor of a commuter passenger train
shall be functions related to safe train operation.



831. (a) A custodial officer is a public officer, not a peace
officer, employed by a law enforcement agency of a city or county who
has the authority and responsibility for maintaining custody of
prisoners and performs tasks related to the operation of a local
detention facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping or
for the specific purpose of serving a sentence therein.
(b) A custodial officer shall have no right to carry or possess
firearms in the performance of his or her prescribed duties.
(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
the position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035. Persons designated as
custodial 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 custodial officer
only while under the direct supervision of a peace officer as
described in Section 830.1, who has completed the training prescribed
by the Commission on Peace Officer Standards and Training, or a
custodial officer who has completed the training required in this
section.
(d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
(e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
(f) A custodial 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; may release without further criminal process persons
arrested for intoxication; and may release misdemeanants on citation
to appear in lieu of or after booking.



831.4. (a) A sheriff's or police security officer is a public
officer, employed by the sheriff of a county or police chief of a
city, whose primary duty is the security of locations or facilities
as directed by the sheriff or police chief. The duties of a sheriff'
s or police security officer shall be limited to the physical
security and protection of properties owned, operated, controlled, or
administered by the county or city, or any municipality or special
district contracting for police services from the county or city
pursuant to Section 54981 of the Government Code, or necessary duties
with respect to the patrons, employees, and properties of the
employing county, city, or contracting entities.
(b) A sheriff's or police security officer is not a peace officer
nor a public safety officer as defined in Section 3301 of the
Government Code. A sheriff's or police security officer may carry or
possess a firearm, baton, and other safety equipment and weapons
authorized by the sheriff or police chief while performing the duties
authorized in this section, and under the terms and conditions
specified by the sheriff or police chief. These persons may not
exercise the powers of arrest of a peace officer, but may issue
citations for infractions if authorized by the sheriff or police
chief.
(c) Each sheriff's or police security officer shall satisfactorily
complete a course of training as specified in Section 832 prior to
being assigned to perform his or her duties. Nothing in this
subdivision shall preclude the sheriff or police chief from requiring
additional training requirements.
(d) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon any sheriff's or police
security officer except while on duty, or confer any additional
retirement benefits to persons employed within this classification.



831.5. (a) As used in this section, a custodial officer is a public
officer, not a peace officer, employed by a law enforcement agency
of San Diego County, Fresno County, Kern County, Stanislaus County,
Riverside County, Santa Clara County, or a county having a population
of 425,000 or less who has the authority and responsibility for
maintaining custody of prisoners and performs tasks related to the
operation of a local detention facility used for the detention of
persons usually pending arraignment or upon court order either for
their own safekeeping or for the specific purpose of serving a
sentence therein. Custodial officers of a county shall be employees
of, and under the authority of, the sheriff, except in counties in
which the sheriff, as of July 1, 1993, is not in charge of and the
sole and exclusive authority to keep the county jail and the
prisoners in it. A custodial officer includes a person designated as
a correctional officer, jailer, or other similar title. The duties
of a custodial officer may include the serving of warrants, court
orders, writs, and subpoenas in the detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
(b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
(c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832. In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035. Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed the
required training, shall not carry or possess firearms in the
performance of their prescribed duties, but may perform the duties of
a custodial officer only while under the direct supervision of a
peace officer, as described in Section 830.1, who has completed the
training prescribed by the Commission on Peace Officer Standards and
Training, or a custodial officer who has completed the training
required in this section.
(d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
(e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
(f) A custodial 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; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
(g) Custodial officers employed by the Santa Clara County
Department of Corrections are authorized to perform the following
additional duties in the facility:
(1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
(2) Search property, cells, prisoners or visitors.
(3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
(4) Conduct searches and seizures pursuant to a duly issued
warrant.
(5) Segregate prisoners.
(6) Classify prisoners for the purpose of housing or participation
in supervised activities.
These duties may be performed at the Santa Clara Valley Medical
Center as needed and only as they directly relate to guarding
inpatient, in-custody inmates. This subdivision shall not be
construed to authorize the performance of any law enforcement
activity involving any person other than the inmate or his or her
visitors.
(h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
(i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County. These duties are the same
duties of the custodial officers prior to the date of enactment of
Senate Bill 1019 of the 1999-2000 Regular Session of the Legislature
pursuant to local rules and judicial decisions. It is further the
intent of the Legislature that all issues regarding compensation for
custodial officers remain subject to the collective bargaining
process between the County of Santa Clara and the authorized
bargaining representative for the custodial officers. However,
nothing in this section shall be construed to assert that the duties
of custodial officers are equivalent to the duties of deputy sheriffs
nor to affect the ability of the county to negotiate pay that
reflects the different duties of custodial officers and deputy
sheriffs.
(j) This section shall become operative on January 1, 2003.
This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to finally, fully, and expeditiously implement the voters'
wishes in creating the county department of corrections, giving it
explicit direction to operate the county jails for all sentenced and
unsentenced prisoners under authority of the county board of
supervisors, it is necessary that this act take effect immediately.



831.6. (a) A transportation officer is a public officer, not a
peace officer, appointed on a contract basis by a peace officer to
transport a prisoner or prisoners.
(b) A transportation officer shall have the authority of a public
officer, and shall have the right to carry or possess firearms, only
while engaged in the transportation of a prisoner or prisoners for
the duration of the contract.
(c) Each person described in this section as a transportation
officer shall, prior to the transportation of any prisoner, have
satisfactorily completed the training course specified in Section
832.
(d) A transportation officer may use reasonable force in
establishing and maintaining custody of persons delivered to him or
her by a peace officer.



831.7. (a) As used in this section, a custody assistant is a person
who is a full-time employee, not a peace officer, employed by the
county sheriff's department who assists peace officer personnel in
maintaining order and security in a custody detention, court
detention, or station jail facility of the sheriff's department. A
custody assistant is responsible for maintaining custody of prisoners
and performs tasks related to the operation of a local detention
facility used for the detention of persons usually pending
arraignment or upon court order either for their own safekeeping or
for the specific purpose of serving a sentence therein. Custody
assistants of the sheriff's department shall be employees of, and
under the authority of, the sheriff.
(b) A custody assistant has no right to carry or possess firearms
in the performance of his or her prescribed duties.
(c) Each person described in this section as a custody assistant
shall satisfactorily complete a training course specified by the
sheriff's department. In addition, each person designated as a
custody assistant shall satisfactorily meet the minimum selection and
training standards prescribed by the Department of Corrections and
Rehabilitation pursuant to Section 6035.
(d) A custody assistant may use reasonable force in establishing
and maintaining custody of persons housed at a local detention
facility, court detention facility, or station jail facility.
(e) Custody assistants employed by the county sheriff's department
are authorized to perform the following additional duties in a
custody facility, court detention facility, or station jail facility:

(1) Assist in supervising the conduct of inmates in sleeping
quarters, during meals and bathing, at recreation, and on work
assignments.
(2) Assist in overseeing the work of, and instructing, a group of
inmates assigned to various operational, maintenance, or other
rehabilitative activities.
(3) Assist in the operation of main or dormitory control booths.
(4) Assist in processing inmates for court appearances.
(5) Control, or assist in the monitoring and control of, access to
attorney rooms and visiting areas.
(6) Fingerprint, photograph, or operate livescan machines with
respect to inmates, or assist in the fingerprinting or photographing
of inmates.
(7) Obtain criminal history information relating to an inmate
including any warrant or other hold, and update classification or
housing information relating to an inmate, as necessary.
(8) Interview inmates and review records related to the
classification process to determine the appropriate security level
for an inmate or the eligibility of an inmate for transfer to another
facility.
(9) Ensure compliance of a custody facility, court detention
facility, or station jail facility with the provisions of Title 15 of
the California Code of Regulations, or with any other applicable
legislative or judicial mandate.
(10) Assist in receiving and processing inmates in a sheriff's
station, court detention area, or type I jail facility.
(11) Secure inmates and their personal property and moneys as
necessary in compliance with the rules and regulations of the sheriff'
s department.
(12) Order, inspect, or serve meals to inmates.
(13) Maintain sanitary conditions within a custody facility, court
detention facility, or station jail facility.
(14) Respond to public inquiries regarding any inmate.
(f) Notwithstanding any other law, nothing in this section shall
be construed to confer any authority upon a custody assistant except
while on duty, or to grant any additional retirement benefits to
persons employed within this classification.
(g) This section shall apply only in a county of the first class,
as established by Sections 28020 and 28022 of the Government Code,
but shall not be operative in a county until adopted by resolution of
the board of supervisors.



832. (a) Every person described in this chapter as a peace officer
shall satisfactorily complete an introductory course of training
prescribed by the Commission on Peace Officer Standards and Training.
On or after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the carrying
and use of firearms shall not be required of any peace officer whose
employing agency prohibits the use of firearms.
(b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the course of training described in
subdivision (a).
(2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510.
(c) Persons described in this chapter as peace officers who have
not satisfactorily completed the course described in subdivision (a),
as specified in subdivision (b), shall not have the powers of a
peace officer until they satisfactorily complete the course.
(d) Any peace officer who, on March 4, 1972, possesses or is
qualified to possess the basic certificate as awarded by the
Commission on Peace Officer Standards and Training shall be exempted
from this section.
(e) (1) Any person completing the training described in
subdivision (a) who does not become employed as a peace officer
within three years from the date of passing the examination described
in subdivision (a), or who has a three-year or longer break in
service as a peace officer, shall pass the examination described in
subdivision (a) prior to the exercise of the powers of a peace
officer, except for any person described in paragraph (2).
(2) The requirement in paragraph (1) does not apply to any person
who meets any of the following requirements:
(A) Is returning to a management position that is at the second
level of supervision or higher.
(B) Has successfully requalified for a basic course through the
Commission on Peace Officer Standards and Training.
(C) Has maintained proficiency through teaching the course
described in subdivision (a).
(D) During the break in California service, was continuously
employed as a peace officer in another state or at the federal level.

(E) Has previously met the requirements of subdivision (a), has
been appointed as a peace officer under subdivision (c) of Section
830.1, and has been continuously employed as a custodial officer as
defined in Section 831 or 831.5 by the agency making the peace
officer appointment since completing the training prescribed in
subdivision (a).
(f) The commission may charge appropriate fees for the examination
required by subdivision (e), not to exceed actual costs.
(g) Notwithstanding any other provision of law, the commission may
charge appropriate fees for the examination required by subdivision
(a) to each applicant who is not sponsored by a local or other law
enforcement agency, or is not a peace officer employed by, or under
consideration for employment by, a state or local agency, department,
or district, or is not a custodial officer as defined in Sections
831 and 831.5. The fees shall not exceed actual costs.



832.05. (a) Each state or local department or agency that employs
peace officers shall utilize a person meeting the requirements set
forth in subdivision (f) of Section 1031 of the Government Code,
applicable to emotional and mental examinations, for any emotional
and mental evaluation done in the course of the department or agency'
s screening of peace officer recruits or the evaluation of peace
officers to determine their fitness for duty.
(b) This section shall become operative on January 1, 2005.



832.1. Any airport security officer, airport policeman, or airport
special officer, regularly employed and paid by a city, county, city
and county, or district who is a peace officer shall have completed a
course of training relative to airport security approved by the
Commission on Peace Officers Standards and Training. Any such
airport officer so employed on the effective date of this section
shall have completed the course of instruction required by this
section by September 1, 1973. Any airport officer so employed after
such effective date shall have completed the course of instruction
within 90 days after such employment.
Any officer who has not satisfactorily completed such course
within such prescribed time shall not continue to have the powers of
a peace officer until they have satisfactorily completed such course.



832.2. Every school police reserve officer, as described in Section
38000 of the Education Code, shall complete a course of training
approved by the Commission on Peace Officer Standards and Training
relating directly to the role of school police reserve officers.
The school police reserve officer training course shall address
guidelines and procedures for reporting offenses to other law
enforcement agencies that deal with violence on campus and other
school related matters, as determined by the Commission on Peace
Officer Standards and Training.



832.25. (a) Notwithstanding any other provision of law, all welfare
fraud investigators or inspectors who are appointed as peace
officers pursuant to subdivision (a) of Section 830.35 on or after
January 1, 2001, shall attend and complete a specialized
investigators basic course approved by the Commission on Peace
Officer Standards and Training within one year of being hired as a
welfare investigator or inspector. Any welfare fraud investigator or
inspector appointed prior to January 1, 2001, shall not be required
to attend and complete the training required by this section,
provided that he or she has been continuously employed in that
capacity prior to January 1, 2001, by the county that made the
appointment.
(b) Any investigator or inspector who possesses a valid basic
peace officer certificate as awarded by the Commission on Peace
Officer Standards and Training or who has successfully completed the
regular basic course certified by the Commission on Peace Officer
Standards and Training basic course within three years prior to
appointment shall be exempt from the training requirements of
subdivision (a).



832.3. (a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police officer of a district authorized by statute to
maintain a police department, who is first employed after January 1,
1975, shall successfully complete a course of training prescribed by
the Commission on Peace Officer Standards and Training before
exercising the powers of a peace officer, except while participating
as a trainee in a supervised field training program approved by the
Commission on Peace Officer Standards and Training. Each police
chief, or any other person in charge of a local law enforcement
agency, appointed on or after January 1, 1999, as a condition of
continued employment, shall complete the course of training pursuant
to this subdivision within two years of appointment. The training
course for a sheriff, an undersheriff, and a deputy sheriff of a
county, and a police chief and a police officer of a city or any
other local law enforcement agency, shall be the same.
(b) For the purpose of ensuring competent peace officers and
standardizing the training required in subdivision (a), the
commission shall develop a testing program, including standardized
tests that enable (1) comparisons between presenters of the training
and (2) assessments of trainee achievement. The trainees' test
scores shall be used only for the purposes enumerated in this
subdivision and those research purposes as shall be approved in
advance by the commission. The commission shall take all steps
necessary to maintain the confidentiality of the test scores, test
items, scoring keys, and other examination data used in the testing
program required by this subdivision. The commission shall determine
the minimum passing score for each test and the conditions for
retesting students who fail. Passing these tests shall be required
for successful completion of the training required in subdivision
(a). Presenters approved by the commission to provide the training
required in subdivision (a) shall administer the standardized tests
or, at the commission's option, shall facilitate the commission's
administration of the standardized tests to all trainees.
(c) Notwithstanding subdivision (c) of Section 84500 of the
Education Code and any regulations adopted pursuant thereto,
community colleges may give preference in enrollment to employed law
enforcement trainees who shall complete training as prescribed by
this section. At least 15 percent of each presentation shall consist
of nonlaw enforcement trainees if they are available. Preference
should only be given when the trainee could not complete the course
within the time required by statute, and only when no other training
program is reasonably available. Average daily attendance for these
courses shall be reported for state aid.
(d) Prior to July 1, 1987, the commission shall make a report to
the Legislature on academy proficiency testing scores. This report
shall include an evaluation of the correlation between academy
proficiency test scores and performance as a peace officer.
(e) (1) Any deputy sheriff described in subdivision (c) of Section
830.1 shall be exempt from the training requirements specified in
subdivisions (a) and (b) as long as his or her assignments remain
custodial related.
(2) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the training for peace officers pursuant to
subdivision (a) of Section 832, and within 120 days after the date of
employment, shall complete the training required by the Board of
Corrections for custodial personnel pursuant to Section 6035, and the
training required for custodial personnel of local detention
facilities pursuant to Division 1 (commencing with Section 100) of
Title 15 of the California Code of Regulations.
(3) Deputy sheriffs described in subdivision (c) of Section 830.1
shall complete the course of training pursuant to subdivision (a)
prior to being reassigned from custodial assignments to duties with
responsibility for the prevention and detection of crime and the
general enforcement of the criminal laws of this state.
(f) Any school police officer first employed by a K-12 public
school district or California Community College district after July
1, 1999, shall successfully complete a basic course of training as
prescribed by subdivision (a) before exercising the powers of a peace
officer. A school police officer shall not be subject to this
subdivision while participating as a trainee in a supervised field
training program approved by the Commission on Peace Officer
Standards and Training.
(g) The commission shall prepare a specialized course of
instruction for the training of school peace officers, as defined in
Section 830.32, to meet the unique safety needs of a school
environment. This course is intended to supplement any other
training requirements.
(h) Any school peace officer first employed by a K-12 public
school district or California Community College district before July
1, 1999, shall successfully complete the specialized course of
training prescribed in subdivision (g) no later than July 1, 2002.
Any school police officer first employed by a K-12 public school
district or California Community College district after July 1, 1999,
shall successfully complete the specialized course of training
prescribed in subdivision (g) within two years of the date of first
employment.


832.4. (a) Any undersheriff or deputy sheriff of a county, any
police officer of a city, and any police officer of a district
authorized by statute to maintain a police department, who is first
employed after January 1, 1974, and is responsible for the prevention
and detection of crime and the general enforcement of the criminal
laws of this state, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training within 18 months
of his or her employment in order to continue to exercise the powers
of a peace officer after the expiration of the 18-month period.
(b) Every peace officer listed in subdivision (a) of Section
830.1, except a sheriff, or elected marshal, or a deputy sheriff
described in subdivision (c) of Section 830.1, who is employed after
January 1, 1988, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training upon completion of
probation, but in no case later than 24 months after his or her
employment, in order to continue to exercise the powers of a peace
officer after the expiration of the 24-month period.
Deputy sheriffs described in subdivision (c) of Section 830.1
shall obtain the basic certificate issued by the Commission on Peace
Officer Standards and Training within 24 months after being
reassigned from custodial duties to general law enforcement duties.
In those cases where the probationary period established by the
employing agency is 24 months, the peace officers described in this
subdivision may continue to exercise the powers of a peace officer
for an additional three-month period to allow for the processing of
the certification application.
(c) Each police chief, or any other person in charge of a local
law enforcement agency, appointed on or after January 1, 1999, as a
condition of continued employment, shall obtain the basic certificate
issued by the Commission on Peace Officer Standards and Training
within two years of appointment.


832.5. (a) (1) Each department or agency in this state that employs
peace officers shall establish a procedure to investigate complaints
by members of the public against the personnel of these departments
or agencies, and shall make a written description of the procedure
available to the public.
(2) Each department or agency that employs custodial officers, as
defined in Section 831.5, may establish a procedure to investigate
complaints by members of the public against those custodial officers
employed by these departments or agencies, provided however, that any
procedure so established shall comply with the provisions of this
section and with the provisions of Section 832.7.
(b) Complaints and any reports or findings relating to these
complaints shall be retained for a period of at least five years.
All complaints retained pursuant to this subdivision may be
maintained either in the peace or custodial officer's general
personnel file or in a separate file designated by the department or
agency as provided by department or agency policy, in accordance with
all applicable requirements of law. However, prior to any official
determination regarding promotion, transfer, or disciplinary action
by an officer's employing department or agency, the complaints
described by subdivision (c) shall be removed from the officer's
general personnel file and placed in separate file designated by the
department or agency, in accordance with all applicable requirements
of law.
(c) Complaints by members of the public that are determined by the
peace or custodial officer's employing agency to be frivolous, as
defined in Section 128.5 of the Code of Civil Procedure, or unfounded
or exonerated, or any portion of a complaint that is determined to
be frivolous, unfounded, or exonerated, shall not be maintained in
that officer's general personnel file. However, these complaints
shall be retained in other, separate files that shall be deemed
personnel records for purposes of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and Section 1043 of the Evidence Code.
(1) Management of the peace or custodial officer's employing
agency shall have access to the files described in this subdivision.

(2) Management of the peace or custodial officer's employing
agency shall not use the complaints contained in these separate files
for punitive or promotional purposes except as permitted by
subdivision (f) of Section 3304 of the Government Code.
(3) Management of the peace or custodial officer's employing
agency may identify any officer who is subject to the complaints
maintained in these files which require counseling or additional
training. However, if a complaint is removed from the officer's
personnel file, any reference in the personnel file to the complaint
or to a separate file shall be deleted.
(d) As used in this section, the following definitions apply:
(1) "General personnel file" means the file maintained by the
agency containing the primary records specific to each peace or
custodial officer's employment, including evaluations, assignments,
status changes, and imposed discipline.
(2) "Unfounded" means that the investigation clearly established
that the allegation is not true.
(3) "Exonerated" means that the investigation clearly established
that the actions of the peace or custodial officer that formed the
basis for the complaint are not violations of law or department
policy.



832.6. (a) Every person deputized or appointed, as described in
subdivision (a) of Section 830.6, shall have the powers of a peace
officer only when the person is any of the following:
(1) A level I reserve officer deputized or appointed pursuant to
paragraph (1) or (2) of subdivision (a) or subdivision (b) of Section
830.6 and assigned to the prevention and detection of crime and the
general enforcement of the laws of this state, whether or not working
alone, and the person has completed the basic training course for
deputy sheriffs and police officers prescribed by the Commission on
Peace Officer Standards and Training. For level I reserve officers
appointed prior to January 1, 1997, the basic training requirement
shall be the course that was prescribed at the time of their
appointment. Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
(2) A level II reserve officer assigned to the prevention and
detection of crime and the general enforcement of the laws of this
state while under the immediate supervision of a peace officer who
has completed the basic training course for deputy sheriffs and
police officers prescribed by the Commission on Peace Officer
Standards and Training, and the level II reserve officer has
completed the course required by Section 832 and any other training
prescribed by the commission.
Level II reserve officers appointed pursuant to this paragraph may
be assigned, without immediate supervision, to those limited duties
that are authorized for level III reserve officers pursuant to
paragraph (3). Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
(3) Level III reserve officers may be deployed and are authorized
only to carry out limited support duties not requiring general law
enforcement powers in their routine performance. Those limited
duties shall include traffic control, security at parades and
sporting events, report taking, evidence transportation, parking
enforcement, and other duties that are not likely to result in
physical arrests. Level III reserve officers while assigned these
duties shall be supervised in the accessible vicinity by a level I
reserve officer or a full-time, regular peace officer employed by a
law enforcement agency authorized to have reserve officers. Level
III reserve officers may transport prisoners without immediate
supervision. Those persons shall have completed the training
required under Section 832 and any other training prescribed by the
commission for those persons.
(4) A person assigned to the prevention and detection of a
particular crime or crimes or to the detection or apprehension of a
particular individual or individuals while working under the
supervision of a California peace officer in a county adjacent to the
state border who possesses a basic certificate issued by the
Commission on Peace Officer Standards and Training, and the person is
a law enforcement officer who is regularly employed by a local or
state law enforcement agency in an adjoining state and has completed
the basic training required for peace officers in his or her state.
(5) For purposes of this section, a reserve officer who has
previously satisfied the training requirements pursuant to this
section, and has served as a level I or II reserve officer within the
three-year period prior to the date of a new appointment shall be
deemed to remain qualified as to the Commission on Peace Officer
Standards and Training requirements if that reserve officer accepts a
new appointment at the same or lower level with another law
enforcement agency. If the reserve officer has more than a
three-year break in service, he or she shall satisfy current training
requirements.
This training shall fully satisfy any other training requirements
required by law, including those specified in Section 832.
In no case shall a peace officer of an adjoining state 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.
(b) Notwithstanding subdivision (a), a person who is issued a
level I reserve officer certificate before January 1, 1981, shall
have the full powers and duties of a peace officer as provided by
Section 830.1 if so designated by local ordinance or, if the local
agency is not authorized to act by ordinance, by resolution, either
individually or by class, if the appointing authority determines the
person is qualified to perform general law enforcement duties by
reason of the person's training and experience. Persons who were
qualified to be issued the level I reserve officer certificate before
January 1, 1981, and who state in writing under penalty of perjury
that they applied for but were not issued the certificate before
January 1, 1981, may be issued the certificate before July 1, 1984.
For purposes of this section, certificates so issued shall be deemed
to have the full force and effect of any level I reserve officer
certificate issued prior to January 1, 1981.
(c) In carrying out this section, the commission:
(1) May use proficiency testing to satisfy reserve training
standards.
(2) Shall provide for convenient training to remote areas in the
state.
(3) Shall establish a professional certificate for reserve
officers as defined in paragraph (1) of subdivision (a) and may
establish a professional certificate for reserve officers as defined
in paragraphs (2) and (3) of subdivision (a).
(4) Shall facilitate the voluntary transition of reserve officers
to regular officers with no unnecessary redundancy between the
training required for level I and level II reserve officers.
(d) In carrying out paragraphs (1) and (3) of subdivision (c), the
commission may establish and levy appropriate fees, provided the
fees do not exceed the cost for administering the respective
services. These fees shall be deposited in the Peace Officers'
Training Fund established by Section 13520.
(e) The commission shall include an amount in its annual budget
request to carry out this section.



832.7. (a) Peace officer or custodial officer personnel records and
records maintained by any state or local agency pursuant to Section
832.5, or information obtained from these records, are confidential
and shall not be disclosed in any criminal or civil proceeding except
by discovery pursuant to Sections 1043 and 1046 of the Evidence
Code. This section shall not apply to investigations or proceedings
concerning the conduct of peace officers or custodial officers, or an
agency or department that employs those officers, conducted by a
grand jury, a district attorney's office, or the Attorney General's
office.
(b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
(c) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may disseminate data regarding
the number, type, or disposition of complaints (sustained, not
sustained, exonerated, or unfounded) made against its officers if
that information is in a form which does not identify the individuals
involved.
(d) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may release factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action. Information may not be disclosed by the peace or custodial
officer's employer unless the false statement was published by an
established medium of communication, such as television, radio, or a
newspaper. Disclosure of factual information by the employing agency
pursuant to this subdivision is limited to facts contained in the
officer's personnel file concerning the disciplinary investigation or
imposition of disciplinary action that specifically refute the false
statements made public by the peace or custodial officer or his or
her agent or representative.
(e) (1) The department or agency shall provide written
notification to the complaining party of the disposition of the
complaint within 30 days of the disposition.
(2) The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in any separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
(f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace or custodial officer's
personnel file pursuant to Section 1043 of the Evidence Code.




832.8. As used in Section 832.7, "personnel records" means any file
maintained under that individual's name by his or her employing
agency and containing records relating to any of the following:
(a) Personal data, including marital status, family members,
educational and employment history, home addresses, or similar
information.
(b) Medical history.
(c) Election of employee benefits.
(d) Employee advancement, appraisal, or discipline.
(e) Complaints, or investigations of complaints, concerning an
event or transaction in which he or she participated, or which he or
she perceived, and pertaining to the manner in which he or she
performed his or her duties.
(f) Any other information the disclosure of which would constitute
an unwarranted invasion of personal privacy.



832.9. (a) A governmental entity employing a peace officer, as
defined in Section 830, judge, court commissioner, or an attorney
employed by the Department of Justice, the State Public Defender, or
a county office of a district attorney or public defender shall
reimburse the moving and relocation expenses of those employees, or
any member of his or her immediate family residing with the officer
in the same household or on the same property when it is necessary to
move because the officer has received a credible threat that a life
threatening action may be taken against the officer, judge, court
commissioner, or an attorney employed by the Department of Justice,
the State Public Defender, or a county office of the district
attorney or public defender or his or her immediate family as a
result of his or her employment.
(b) The person relocated shall receive actual and necessary moving
and relocation expenses incurred both before and after the change of
residence, including reimbursement for the costs of moving household
effects either by a commercial household goods carrier or by the
employee.
(1) Actual and necessary moving costs shall be those costs that
are set forth in the Department of Personnel Administration rules
governing promotional relocations while in the state service. The
department shall not be required to administer this section.
(2) The public entity shall not be liable for any loss in value to
a residence or for the decrease in value due to a forced sale.
(3) Except as provided in subdivision (c), peace officers, judges,
court commissioners, and attorneys employed by the Department of
Justice, the State Public Defender, or a county office of a district
attorney or public defender shall receive approval of the appointing
authority prior to incurring any cost covered by this section.
(4) Peace officers, judges, court commissioners, and attorneys
employed by the Department of Justice, the State Public Defender, or
a county office of a district attorney or public defender shall not
be considered to be on duty while moving unless approved by the
appointing authority.
(5) For a relocation to be covered by this section, the appointing
authority shall be notified as soon as a credible threat has been
received.
(6) Temporary relocation housing shall not exceed 60 days.
(7) The public entity ceases to be liable for relocation costs
after 120 days of the original notification of a viable threat if the
peace officer, judge, court commissioner, or attorney employed by
the Department of Justice, the State Public Defender, or a county
office of a district attorney or public defender has failed to
relocate.
(c) (1) For purposes of the right to reimbursement of moving and
relocation expenses pursuant to this section, judges shall be deemed
to be employees of the State of California. A court commissioner
shall be deemed to be an employee of the county in which the court
where he or she is employed is located.
(2) For purposes of paragraph (3) of subdivision (b), a court
commissioner shall receive approval by the presiding judge of the
superior court in the county in which he or she is located.
(3) For purposes of paragraph (3) of subdivision (b), judges,
including justices of the Supreme Court and the Courts of Appeal,
shall receive approval from the Chief Justice, or his or her
designee.
(d) As used in this section, "credible threat" means a verbal or
written statement or a threat implied by a pattern of conduct or a
combination of verbal or written statements and conduct made with the
intent and 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 immediate family.
(e) As used in this section, "immediate family" means the spouse,
parents, siblings, and children residing with the peace officer,
judge, court commissioner, or attorney employed by the Department of
Justice, the State Public Defender, or a county office of a district
attorney or public defender.



832.15. (a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency as to whether an individual
applying for a position as a peace officer, as defined by this
chapter, a custodial officer authorized by the employing agency to
carry a firearm pursuant to Section 831.5, or a transportation
officer pursuant to Section 831.6 authorized by the employing agency
to carry a firearm, is prohibited from possessing, receiving, owning,
or purchasing a firearm pursuant to Section 12021 or 12021.1 of the
Penal Code, or Section 8100 or 8103 of the Welfare and Institutions
Code. The notice shall indicate the date that the prohibition
expires. However, the notice shall not provide any other information
with respect to the basis for the prohibition.
(b) Before providing the information specified in subdivision (a),
the applicant shall provide the Department of Justice with
fingerprints and other identifying information deemed necessary by
the department.
(c) The Department of Justice may charge the applicant a fee
sufficient to reimburse its costs for furnishing the information
specified in subdivision (a).
(d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.



832.16. (a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency employing a peace officer, as
defined by this chapter, who is authorized by the employing agency to
carry a firearm, as to whether a peace officer is prohibited from
possessing, receiving, owning, or purchasing a firearm pursuant to
Section 12021 or 12021.1 of the Penal Code, or Section 8100 or 8103
of the Welfare and Institutions Code. The notice shall indicate the
date that the prohibition expires. However, the notice shall not
provide any other information with respect to the basis for the
prohibition.
(b) Before providing the information specified in subdivision (a),
the agency employing the peace officer shall provide the Department
of Justice with the officer's fingerprints and other identifying
information deemed necessary by the department.
(c) The information specified in this section shall only be
provided by the Department of Justice subject to the availability of
funding.
(d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.


832.17. (a) Upon request by a state or local agency, the Department
of Justice shall notify the state or local agency as to whether an
individual employed as a custodial or transportation officer and
authorized by the employing agency to carry a firearm, is prohibited
or subsequently becomes prohibited from possessing, receiving,
owning, or purchasing a firearm pursuant to Section 12021 or 12021.1
of the Penal Code, or Section 8100 or 8103 of the Welfare and
Institutions Code. The notice shall indicate the date on which the
prohibition expires. However, the notice shall not provide any other
information with respect to the basis for the prohibition.
(b) Before the department provides the information specified in
subdivision (a), the officer shall provide the department with his or
her fingerprints and other identifying information deemed necessary
by the department.
(c) The department may charge the officer a fee sufficient to
reimburse its costs for furnishing the information specified in
subdivision (a). A local law enforcement agency may pay this fee for
the officer.
(d) The notice required by this section shall not apply to persons
receiving treatment under subdivision (a) of Section 8100 of the
Welfare and Institutions Code.

[هيثم الفقى]

833. A peace officer may search for dangerous weapons any person
whom he has legal cause to arrest, whenever he has reasonable cause
to believe that the person possesses a dangerous weapon. If the
officer finds a dangerous weapon, he may take and keep it until the
completion of the questioning, when he shall either return it or
arrest the person. The arrest may be for the illegal possession of
the weapon.



833.2. (a) It is the intent of the Legislature to encourage law
enforcement and county child welfare agencies to develop protocols in
collaboration with other local entities, which may include local
educational, judicial, correctional, and community-based
organizations, when appropriate, regarding how to best cooperate in
their response to the arrest of a caretaker parent or guardian of a
minor child, to ensure the child's safety and well-being.
(b) The Legislature encourages the Department of Justice to apply
to the federal government for a statewide training grant on behalf of
California law enforcement agencies, with the purpose of enabling
local jurisdictions to provide training for their law enforcement
officers to assist them in developing protocols and adequately
addressing issues related to child safety when a caretaker parent or
guardian is arrested.


833.5. (a) In addition to any other detention permitted by law, if
a peace officer has reasonable cause to believe that a person has a
firearm or other deadly weapon with him or her in violation of any
provision of law relating to firearms or deadly weapons the peace
officer may detain that person to determine whether a crime relating
to firearms or deadly weapons has been committed.
For purposes of this section "reasonable cause to detain" requires
that the circumstances known or apparent to the officer must
include specific and articulable facts causing him or her to suspect
that some offense relating to firearms or deadly weapons has taken
place or is occurring or is about to occur and that the person he or
she intends to detain is involved in that offense. The circumstances
must be such as would cause any reasonable peace officer in like
position, drawing when appropriate on his or her training and
experience, to suspect the same offense and the same involvement by
the person in question.
(b) Incident to any detention permitted pursuant to subdivision
(a), a peace officer may conduct a limited search of the person for
firearms or weapons if the peace officer reasonably concludes that
the person detained may be armed and presently dangerous to the peace
officer or others. Any firearm or weapon seized pursuant to a valid
detention or search pursuant to this section shall be admissible in
evidence in any proceeding for any purpose permitted by law.
(c) This section shall not be construed to otherwise limit the
authority of a peace officer to detain any person or to make an
arrest based on reasonable cause.
(d) This section shall not be construed to permit a peace officer
to conduct a detention or search of any person at the person's
residence or place of business absent a search warrant or other
reasonable cause to detain or search.
(e) If a firearm or weapon is seized pursuant to this section and
the person from whom it was seized owned the firearm or weapon and is
convicted of a violation of any offense relating to the possession
of such firearm or weapon, the court shall order the firearm or
weapon to be deemed a nuisance and disposed of in the manner provided
by Section 12028.



834. An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person.



834a. If a person has knowledge, or by the exercise of reasonable
care, should have knowledge, that he is being arrested by a peace
officer, it is the duty of such person to refrain from using force or
any weapon to resist such arrest.


834b. (a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall
not be limited to, questioning the person regarding his or her date
and place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.


834c. (a) (1) In accordance with federal law and the provisions of
this section, every peace officer, upon arrest and booking or
detention for more than two hours of a known or suspected foreign
national, shall advise the foreign national that he or she has a
right to communicate with an official from the consulate of his or
her country, except as provided in subdivision (d). If the foreign
national chooses to exercise that right, the peace officer shall
notify the pertinent official in his or her agency or department of
the arrest or detention and that the foreign national wants his or
her consulate notified.
(2) The law enforcement official who receives the notification
request pursuant to paragraph (1) shall be guided by his or her
agency's procedures in conjunction with the Department of State
Guidelines Regarding Foreign Nationals Arrested or Detained in the
United States, and make the appropriate notifications to the consular
officers at the consulate of the arrestee.
(3) The law enforcement official in charge of the custodial
facility where an arrestee subject to this subdivision is located
shall ensure that the arrestee is allowed to communicate with,
correspond with, and be visited by, a consular officer of his or her
country.
(b) The 1963 Vienna Convention on Consular Relations Treaty was
signed by 140 nations, including the United States, which ratified
the agreement in 1969. This treaty guarantees that individuals
arrested or detained in a foreign country must be told by police
"without delay" that they have a right to speak to an official from
their country's consulate and if an individual chooses to exercise
that right a law enforcement official is required to notify the
consulate.
(c) California law enforcement agencies shall ensure that policy
or procedure and training manuals incorporate language based upon
provisions of the treaty that set forth requirements for handling the
arrest and booking or detention for more than two hours of a foreign
national pursuant to this section prior to December 31, 2000.
(d) Countries requiring mandatory notification under Article 36 of
the Vienna Convention shall be notified as set forth in this section
without regard to an arrested or detained foreign national's request
to the contrary. Those countries, as identified by the United
States Department of State on July 1, 1999, are as follows:
(1) Antigua and Barbuda.
(2) Armenia.
(3) Azerbaijan.
(4) The Bahamas.
(5) Barbados.
(6) Belarus.
(7) Belize.
(8) Brunei.
(9) Bulgaria.
(10) China.
(11) Costa Rica.
(12) Cyprus.
(13) Czech Republic.
(14) Dominica.
(15) Fiji.
(16) The Gambia.
(17) Georgia.
(18) Ghana.
(19) Grenada.
(20) Guyana.
(21) Hong Kong.
(22) Hungary.
(23) Jamaica.
(24) Kazakhstan.
(25) Kiribati.
(26) Kuwait.
(27) Kyrgyzstan.
(28) Malaysia.
(29) Malta.
(30) Mauritius.
(31) Moldova.
(32) Mongolia.
(33) Nigeria.
(34) Philippines.
(35) Poland (nonpermanent residents only).
(36) Romania.
(37) Russia.
(38) Saint Kitts and Nevis.
(39) Saint Lucia.
(40) Saint Vincent and the Grenadines.
(41) Seychelles.
(42) Sierra Leone.
(43) Singapore.
(44) Slovakia.
(45) Tajikistan.
(46) Tanzania.
(47) Tonga.
(48) Trinidad and Tobago.
(49) Turkmenistan.
(50) Tuvalu.
(51) Ukraine.
(52) United Kingdom.
(53) U.S.S.R.
(54) Uzbekistan.
(55) Zambia.
(56) Zimbabwe.
However, any countries requiring notification that the above list
does not identify because the notification requirement became
effective after July 1, 1999, shall also be required to be notified.



835. An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such restraint as is reasonable for his arrest and
detention.


835a. Any peace officer who has reasonable cause to believe that
the person to be arrested has committed a public offense may use
reasonable force to effect the arrest, to prevent escape or to
overcome resistance.
A peace officer who makes or attempts to make an arrest need not
retreat or desist from his efforts by reason of the resistance or
threatened resistance of the person being arrested; nor shall such
officer be deemed an aggressor or lose his right to self-defense by
the use of reasonable force to effect the arrest or to prevent escape
or to overcome resistance.



836. (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
(b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer. The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.
(2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the primary
aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the primary aggressor involved in the
incident. The primary aggressor is the person determined to be the
most significant, rather than the first, aggressor. In identifying
the primary aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiance, fiancee, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a
person with whom the suspect has parented a child, or is presumed to
have parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, any other person related to
the suspect by consanguinity or affinity within the second degree, or
any person who is 65 years of age or older and who is related to the
suspect by blood or legal guardianship, a peace officer may arrest
the suspect without a warrant where both of the following
circumstances apply:
(1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 12025 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 12025.
(2) The violation of Section 12025 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.

(3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 12025.


836.1. When a person commits an assault or battery against the
person of a firefighter, emergency medical technician, or mobile
intensive care paramedic while that person is on duty engaged in the
performance of his or her duties in violation of subdivision (b) of
Section 241 or subdivision (b) of Section 243, a peace officer may,
without a warrant, arrest the person who commits the assault or
battery:
(a) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
although the assault or battery was not committed in the peace
officer's presence.
(b) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
whether or not the assault or battery has in fact been committed.



836.3. A peace officer may make an arrest in obedience to a warrant
delivered to him, or may, without a warrant, arrest a person who,
while charged with or convicted of a misdemeanor, has escaped from
any county or city jail, prison, industrial farm or industrial road
camp or from the custody of the officer or person in charge of him
while engaged on any county road or other county work or going to or
returning from such county road or other county work or from the
custody of any officer or person in whose lawful custody he is when
such escape is not by force or violence.



836.5. (a) A public officer or employee, when authorized by
ordinance, may arrest a person without a warrant whenever the officer
or employee has reasonable cause to believe that the person to be
arrested has committed a misdemeanor in the presence of the officer
or employee that is a violation of a statute or ordinance that the
officer or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any public officer or employee acting
pursuant to subdivision (a) and within the scope of his or her
authority for false arrest or false imprisonment arising out of any
arrest that is lawful or that the public officer or employee, at the
time of the arrest, had reasonable cause to believe was lawful. No
officer or employee shall be deemed an aggressor or lose his or her
right to self-defense by the use of reasonable force to effect the
arrest, prevent escape, or overcome resistance.
(c) In any case in which a person is arrested pursuant to
subdivision (a) and the person arrested does not demand to be taken
before a magistrate, the public officer or employee making the arrest
shall prepare a written notice to appear and release the person on
his or her promise to appear, as prescribed by Chapter 5C (commencing
with Section 853.5). The provisions of that chapter shall
thereafter apply with reference to any proceeding based upon the
issuance of a written notice to appear pursuant to this authority.
(d) The governing body of a local agency, by ordinance, may
authorize its officers and employees who have the duty to enforce a
statute or ordinance to arrest persons for violations of the statute
or ordinance as provided in subdivision (a).
(e) For purposes of this section, "ordinance" includes an order,
rule, or regulation of any air pollution control district.
(f) For purposes of this section, a "public officer or employee"
includes an officer or employee of a nonprofit transit corporation
wholly owned by a local agency and formed to carry out the purposes
of the local agency.



836.6. (a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other police agency, to thereafter escape or
attempt to escape from that custody.
(b) It is unlawful for any person who has been lawfully arrested
by any peace officer and who knows, or by the exercise of reasonable
care should have known, that he or she has been so arrested, to
thereafter escape or attempt to escape from that peace officer.
(c) Any person who violates subdivision (a) or (b) is guilty of a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year. However, if the escape or attempted escape is by
force or violence, and the person proximately causes a peace officer
serious bodily injury, the person shall be punished by imprisonment
in the state prison for two, three, or four years, or by imprisonment
in a county jail not to exceed one year.



837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.




838. A magistrate may orally order a peace officer or private
person to arrest any one committing or attempting to commit a public
offense in the presence of such magistrate.



839. Any person making an arrest may orally summon as many persons
as he deems necessary to aid him therein.



840. An arrest for the commission of a felony may be made on any
day and at any time of the day or night. An arrest for the
commission of a misdemeanor or an infraction cannot be made between
the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the
succeeding day, unless:
(1) The arrest is made without a warrant pursuant to Section 836
or 837.
(2) The arrest is made in a public place.
(3) The arrest is made when the person is in custody pursuant to
another lawful arrest.
(4) The arrest is made pursuant to a warrant which, for good cause
shown, directs that it may be served at any time of the day or
night.



841. The person making the arrest must inform the person to be
arrested of the intention to arrest him, of the cause of the arrest,
and the authority to make it, except when the person making the
arrest has reasonable cause to believe that the person to be arrested
is actually engaged in the commission of or an attempt to commit an
offense, or the person to be arrested is pursued immediately after
its commission, or after an escape.
The person making the arrest must, on request of the person he is
arresting, inform the latter of the offense for which he is being
arrested.



841.5. (a) Except as otherwise required by Chapter 10 (commencing
with Section 1054) of Title 7, or by the United States Constitution
or the California Constitution, no law enforcement officer or
employee of a law enforcement agency shall disclose to any arrested
person, or to any person who may be a defendant in a criminal action,
the address or telephone number of any person who is a victim or
witness in the alleged offense.
(b) Nothing in this section shall impair or interfere with the
right of a defendant to obtain information necessary for the
preparation of his or her defense through the discovery process.
(c) Nothing in this section shall impair or interfere with the
right of an attorney to obtain the address or telephone number of any
person who is a victim of, or a witness to, an alleged offense where
a client of that attorney has been arrested for, or may be a
defendant in, a criminal action related to the alleged offense.
(d) Nothing in this section shall preclude a law enforcement
agency from releasing the entire contents of an accident report as
required by Section 20012 of the Vehicle Code.



842. An arrest by a peace officer acting under a warrant is lawful
even though the officer does not have the warrant in his possession
at the time of the arrest, but if the person arrested so requests it,
the warrant shall be shown to him as soon as practicable.



843. When the arrest is being made by an officer under the
authority of a warrant, after information of the intention to make
the arrest, if the person to be arrested either flees or forcibly
resists, the officer may use all necessary means to effect the
arrest.



844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.



845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.



846. Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.



847. (a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before a magistrate, or deliver him or her to a
peace officer.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any peace officer or federal criminal
investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her
authority, for false arrest or false imprisonment arising out of any
arrest under any of the following circumstances:
(1) The arrest was lawful, or the peace officer, at the time of
the arrest, had reasonable cause to believe the arrest was lawful.
(2) The arrest was made pursuant to a charge made, upon reasonable
cause, of the commission of a felony by the person to be arrested.
(3) The arrest was made pursuant to the requirements of Section
142, 837, 838, or 839.



847.5. If a person has been admitted to bail in another state,
escapes bail, and is present in this State, the bail bondsman or
other person who is bail for such fugitive, may file with a
magistrate in the county where the fugitive is present an affidavit
stating the name and whereabouts of the fugitive, the offense with
which the alleged fugitive was charged or of which he was convicted,
the time and place of same, and the particulars in which the fugitive
has violated the terms of his bail, and may request the issuance of
a warrant for arrest of the fugitive, and the issuance, after
hearing, of an order authorizing the affiant to return the fugitive
to the jurisdiction from which he escaped bail. The magistrate may
require such additional evidence under oath as he deems necessary to
decide the issue. If he concludes that there is probable cause for
believing that the person alleged to be a fugitive is such, he may
issue a warrant for his arrest. The magistrate shall notify the
district attorney of such action and shall direct him to investigate
the case and determine the facts of the matter. When the fugitive is
brought before him pursuant to the warrant, the magistrate shall set
a time and place for hearing, and shall advise the fugitive of his
right to counsel and to produce evidence at the hearing. He may
admit the fugitive to bail pending the hearing. The district
attorney shall appear at the hearing. If, after hearing, the
magistrate is satisfied from the evidence that the person is a
fugitive he may issue an order authorizing affiant to return the
fugitive to the jurisdiction from which he escaped bail.
A bondsman or other person who is bail for a fugitive admitted to
bail in another state who takes the fugitive into custody, except
pursuant to an order issued under this section, is guilty of a
misdemeanor.



848. An officer making an arrest, in obedience to a warrant, must
proceed with the person arrested as commanded by the warrant, or as
provided by law.


849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
(1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but
a detention only.


849.5. In any case in which a person is arrested and released and
no accusatory pleading is filed charging him with an offense, any
record of arrest of the person shall include a record of release.
Thereafter, the arrest shall not be deemed an arrest, but a detention
only.



850. (a) A telegraphic copy of a warrant or an abstract of a
warrant may be sent by telegraph, teletype, or any other electronic
devices, to one or more peace officers, and such copy or abstract is
as effectual in the hands of any officer, and he shall proceed in the
same manner under it, as though he held the original warrant issued
by a magistrate or the issuing authority or agency.
(b) Except as otherwise provided in Section 1549.2 relating to
Governor's warrants of extradition, an abstract of the warrant as
herein referred to shall contain the following information: the
warrant number, the charge, the court or agency of issuance, the
subject's name, address and description, the bail, the name of the
issuing magistrate or authority, and if the offense charged is a
misdemeanor, whether the warrant has been certified for night
service.
(c) When the subject of a written or telegraphic warrant or
abstract of warrant is in custody on another charge, the custodial
officer shall, immediately upon receipt of information as to the
existence of any such warrant or abstract, obtain and deliver a
written copy of the warrant or abstract to the subject and shall
inform him of his rights under Section 1381, where applicable, to
request a speedy trial and under Section 858.7 relating to Vehicle
Code violations.


851. Every officer causing telegraphic copies or abstracts of
warrants to be sent, must certify as correct, and file in the
telegraphic office from which such copies are sent, a copy of the
warrant, and must return the original with a statement of his action
thereunder.



851.5. (a) Immediately upon being booked, and, except where
physically impossible, no later than three hours after arrest, an
arrested person has the right to make at least three completed
telephone calls, as described in subdivision (b).
The arrested person shall be entitled to make at least three calls
at no expense if the calls are completed to telephone numbers within
the local calling area.
(b) At any police facility or place where an arrestee is detained,
a sign containing the following information in bold block type shall
be posted in a conspicuous place:
That the arrestee has the right to free telephone calls within the
local dialing area, or at his or her own expense if outside the
local area, to three of the following:
(1) An attorney of his or her choice or, if he or she has no
funds, the public defender or other attorney assigned by the court to
assist indigents, whose telephone number shall be posted. This
telephone call shall not be monitored, eavesdropped upon, or
recorded.
(2) A bail bondsman.
(3) A relative or other person.
(c) If, upon questioning during the booking process, the arrested
person is identified as a custodial parent with responsibility for a
minor child, the arrested person shall be entitled to make two
additional calls at no expense if the calls are completed to
telephone numbers within the local calling area to a relative or
other person for the purpose of arranging for the care of the minor
child or children in the parent's absence.
(d) These telephone calls shall be given immediately upon request,
or as soon as practicable.
(e) This provision shall not abrogate a law enforcement officer's
duty to advise a suspect of his or her right to counsel or of any
other right.
(f) Any public officer or employee who willfully deprives an
arrested person of any right granted by this section is guilty of a
misdemeanor.



851.6. (a) In any case in which a person is arrested and released
pursuant to paragraph (1) or (3) of subdivision (b) of Section 849,
the person shall be issued a certificate, signed by the releasing
officer or his superior officer, describing the action as a
detention.
(b) In any case in which a person is arrested and released and no
accusatory pleading is filed charging him with an offense, the person
shall be issued a certificate by the law enforcement agency which
arrested him describing the action as a detention.
(c) The Attorney General shall prescribe the form and content of
such certificate.
(d) Any reference to the action as an arrest shall be deleted from
the arrest records of the arresting agency and of the Bureau of
Criminal Identification and Investigation of the Department of
Justice. Thereafter, any such record of the action shall refer to it
as a detention.



851.7. (a) Any person who has been arrested for a misdemeanor, with
or without a warrant, while a minor, may, during or after minority,
petition the court in which the proceedings occurred or, if there
were no court proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case, including
any records of arrest and detention, if any of the following
occurred:
(1) He was released pursuant to paragraph (1) of subdivision (b)
of Section 849.
(2) Proceedings against him were dismissed, or he was discharged,
without a conviction.
(3) He was acquitted.
(b) If the court finds that the petitioner is eligible for relief
under subdivision (a), it shall issue its order granting the relief
prayed for. Thereafter, the arrest, detention, and any further
proceedings in the case shall be deemed not to have occurred, and the
petitioner may answer accordingly any question relating to their
occurrence.
(c) This section applies to arrests and any further proceedings
that occurred before, as well as those that occur after, the
effective date of this section.
(d) This section does not apply to any person taken into custody
pursuant to Section 625 of the Welfare and Institutions Code, or to
any case within the scope of Section 781 of the Welfare and
Institutions Code, unless, after a finding of unfitness for the
juvenile court or otherwise, there were criminal proceedings in the
case, not culminating in conviction. If there were criminal
proceedings not culminating in conviction, this section shall be
applicable to such criminal proceedings if such proceedings are
otherwise within the scope of this section.
(e) This section does not apply to arrests for, and any further
proceedings relating to, any of the following:
(1) Offenses for which registration is required under Section 290.

(2) Offenses under Division 10 (commencing with Section 11000) of
the Health and Safety Code.
(3) Offenses under the Vehicle Code or any local ordinance
relating to the operation, stopping, standing, or parking of a
vehicle.
(f) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted in evidence. The records shall be
confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) This section shall apply in any case in which a person was
under the age of 21 at the time of the commission of an offense as to
which this section is made applicable if such offense was committed
prior to March 7, 1973.



851.8. (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of the petition shall be
served upon the prosecuting attorney of the county or city having
jurisdiction over the offense. The law enforcement agency having
jurisdiction over the offense, upon a determination that the person
arrested is factually innocent, shall, with the concurrence of the
prosecuting attorney, seal its arrest records, and the petition for
relief under this section for three years from the date of the arrest
and thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency that
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice and
any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each agency, person, or entity within the State of
California receiving the request shall destroy its records of the
arrest and the request, unless otherwise provided in this section.
(b) If, after receipt by both the law enforcement agency and the
prosecuting attorney of a petition for relief under subdivision (a),
the law enforcement agency and prosecuting attorney do not respond to
the petition by accepting or denying the petition within 60 days
after the running of the relevant statute of limitations or within 60
days after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied. In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the superior court that would have had
territorial jurisdiction over the matter. A copy of the petition
shall be served on the law enforcement agency and the prosecuting
attorney of the county or city having jurisdiction over the offense
at least 10 days prior to the hearing thereon. The prosecuting
attorney and the law enforcement agency through the district attorney
may present evidence to the court at the hearing. Notwithstanding
Section 1538.5 or 1539, any judicial determination of factual
innocence made pursuant to this section may be heard and determined
upon declarations, affidavits, police reports, or any other evidence
submitted by the parties which is material, relevant and reliable. A
finding of factual innocence and an order for the sealing and
destruction of records pursuant to this section shall not be made
unless the court finds that no reasonable cause exists to believe
that the arrestee committed the offense for which the arrest was
made. In any court hearing to determine the factual innocence of a
party, the initial burden of proof shall rest with the petitioner to
show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy the records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy such records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
the records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
(c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court that dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of the petition shall be served on the
prosecuting attorney of the county or city in which the accusatory
pleading was filed at least 10 days prior to the hearing on the
petitioner's factual innocence. The prosecuting attorney may present
evidence to the court at the hearing. The hearing shall be conducted
as provided in subdivision (b). If the court finds the petitioner to
be factually innocent of the charges for which the arrest was made,
then the court shall grant the relief as provided in subdivision (b).

(d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the prosecuting attorney, grant
the relief provided in subdivision (b) at the time of the dismissal
of the accusatory pleading.
(e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial at which the acquittal occurred
that the defendant was factually innocent of the charge, the judge
may grant the relief provided in subdivision (b).
(f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
(g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
(h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) that are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
(i) Any finding that an arrestee is factually innocent pursuant to
subdivision (a), (b), (c), (d), or (e) shall not be admissible as
evidence in any action.
(j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon the records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily affecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
(k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of the records has received a
certified copy of the complaint in the civil action, until the civil
action has been resolved. Any records sealed pursuant to this section
by the court in the civil actions, upon a showing of good cause, may
be opened and submitted into evidence. The records shall be
confidential and shall be available for inspection only by the court,
jury, parties, counsel for the parties and any other person
authorized by the court. Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
(l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
(m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
(n) This section shall not apply to any offense which is
classified as an infraction.
(o) (1) This section shall be repealed on the effective date of a
final judgment based on a claim under the California or United States
Constitution holding that evidence that is relevant, reliable, and
material may not be considered for purposes of a judicial
determination of factual innocence under this section. For purposes
of this subdivision, a judgment by the appellate division of a
superior court is a final judgment if it is published and if it is
not reviewed on appeal by a court of appeal. A judgment of a court of
appeal is a final judgment if it is published and if it is not
reviewed by the California Supreme Court.
(2) Any decision referred to in this subdivision shall be stayed
pending appeal.
(3) If not otherwise appealed by a party to the action, any
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court shall be appealed by the
Attorney General.
(p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
(1) In a felony case, appeal is to the court of appeal.
(2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.



851.85. Whenever a person is acquitted of a charge and it appears
to the judge presiding at the trial wherein such acquittal occurred
that the defendant was factually innocent of the charge, the judge
may order that the records in the case be sealed, including any
record of arrest or detention, upon the written or oral motion of any
party in the case or the court, and with notice to all parties to
the case. If such an order is made, the court shall give to the
defendant a copy of such order and inform the defendant that he may
thereafter state that he was not arrested for such charge and that he
was found innocent of such charge by the court.



851.90. (a) (1) Whenever a person is diverted pursuant to a drug
diversion program administered by a superior court pursuant to
Section 1000.5 or is admitted to a deferred entry of judgment program
pursuant to Section 1000, the person successfully completes the
program, and it appears to the judge presiding at the hearing where
the diverted charges are dismissed that the interests of justice
would be served by sealing the records of the arresting agency and
related court files and records with respect to the diverted person,
the judge may order those records and files to be sealed, including
any record of arrest or detention, upon the written or oral motion of
any party in the case, or upon the court's own motion, and with
notice to all parties in the case.
(2) If the order is made, the clerk of the court shall thereafter
not allow access to any records concerning the case, including the
court file, index, register of actions, or other similar records.
(3) If the order is made, the court shall give a copy of the order
to the defendant and inform the defendant that he or she may
thereafter state that he or she was not arrested for the charge.
(4) The defendant may, except as specified in subdivisions (b),
(c), and (d), indicate in response to any question concerning the
defendant's prior criminal record that the defendant was not arrested
or granted statutorily authorized drug diversion or deferred entry
of judgment for the offense.
(5) Subject to subdivisions (b), (c), and (d), a record pertaining
to an arrest resulting in the successful completion of a statutorily
authorized drug diversion or deferred entry of judgment program
shall not, without the defendant's permission, be used in any way
that could result in the denial of any employment, benefit, or
certificate.
(6) Sealing orders made pursuant to this subdivision shall not be
forwarded to the Department of Justice to be included or notated in
the department's manual or electronic fingerprint image or criminal
history record systems. Any sealing order made pursuant to this
subdivision and received by the Department of Justice need not be
processed by the department.
(b) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice in response to any peace officer application request, and
that, notwithstanding subdivision (a), this section does not relieve
the defendant of the obligation to disclose the arrest in response to
any direct question contained in any questionnaire or application
for a position as a peace officer, as defined in Section 830.
(c) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice or the court in which the matter was heard in response to any
subsequent inquiry by the district attorney, court, probation
department, or counsel for the defendant concerning the defendant's
eligibility for any statutorily authorized drug diversion or deferred
entry of judgment program in the future.
(d) A sealing order made pursuant to this section shall not apply
to any record or document received or maintained by the Department of
Justice; the court shall advise a defendant that, notwithstanding
the issuance of a sealing order pursuant to this section, the
Department of Justice shall continue to be able to maintain and
disseminate any records or documents received or maintained by the
department, as authorized by law.

[هيثم الفقى]

852. This chapter may be cited as the Uniform Act on Fresh Pursuit.



852.1. As used in this chapter:
(a) "State" means any State of the United States and the District
of Columbia.
(b) "Peace officer" means any peace officer or member of any duly
organized State, county, or municipal peace unit or police force of
another State.
(c) "Fresh Pursuit" includes close pursuit and hot pursuit.




852.2. Any peace officer of another State, who enters this State in
fresh pursuit, and continues within this State in fresh pursuit, of
a person in order to arrest him on the ground that he has committed a
felony in the other State, has the same authority to arrest and hold
the person in custody, as peace officers of this State have to
arrest and hold a person in custody on the ground that he has
committed a felony in this State.



852.3. If an arrest is made in this State by a peace officer of
another State in accordance with the provisions of section 852.2 of
this code, he shall without unnecessary delay take the person
arrested before a magistrate of the county in which the arrest was
made, who shall conduct a hearing for the purpose of determining the
lawfulness of the arrest. If the magistrate determines that the
arrest was lawful, he shall commit the person arrested to await a
reasonable time for the issuance of an extradition warrant by the
Governor of this State or admit him to bail for such purpose. If the
magistrate determines that the arrest was unlawful he shall
discharge the person arrested.



852.4. Section 852.2 of this code shall not be construed so as to
make unlawful any arrest in this State which would otherwise be
lawful.

[هيثم الفقى]

Colorado River Crime Enforcement Compact
853.1. (a) Pursuant to the authority vested in this state by
Section 112 of Title 4 of the United States Code, the Legislature of
the State of California hereby ratifies the Colorado River Crime
Enforcement Compact as set forth in Section 853.2.
(b) The purpose of this compact is to promote the interests of
justice with regard to crimes committed on the Colorado River by
avoiding jurisdictional issues as to whether a criminal act sought to
be prosecuted was committed on one side or the other of the exact
boundary of the channel, and thus avoiding the risk that an offender
may go free on technical grounds because neither state is able to
establish that the offense was committed within its boundaries.
(c) This compact shall become operative when ratified by law in
the State of Arizona; and shall remain in full force and effect so
long as the provisions of this compact, as ratified by the State of
Arizona, remain substantively the same as the provisions of this
compact, as ratified by this section. This compact may be amended in
the same manner as is required for it to be ratified to become
operative.



853.2. (a) All courts and officers now or hereafter having and
exercising jurisdiction in any county which is now or may hereafter
be formed in any part of this state bordering upon the Colorado
River, or any lake formed by, or which is a part of, the Colorado
River, shall have and exercise jurisdiction in all criminal cases
upon those waters concurrently with the courts of and officers of the
State of Arizona, so far and to the extent that any of these bodies
of water form a common boundary between this state and the State of
Arizona. In addition, the officers shall have concurrent
jurisdiction with the officers of the State of Arizona on any land
mass within 25 air miles of the Colorado River, or within 25 air
miles of any lake formed by, or that is a part of, the Colorado
River.
(b) This section applies only to those crimes which are
established in common between the States of Arizona and California;
and an acquittal or conviction and sentence by one state shall bar a
prosecution for the same act or omission by the other.
(c) This compact shall not be construed to bar the enforcement of
the penal laws of either state not established in common with the
other, provided that the act or omission proscribed occurs on that
state's side of the river channel boundary.
(d) This compact does not apply to Division 3.5 (commencing with
Section 9840) of the Vehicle Code, relating to registration of
vessels, or to Section 658.7 of the Harbors and Navigation Code,
relating to the display of a ski flag.

[هيثم الفقى]

California-Nevada Compact for Jurisdiction on
Interstate Waters
853.3. (a) Pursuant to the authority vested in this state by
Section 112 of Title 4 of the United States Code, the Legislature of
the State of California hereby ratifies the California-Nevada Compact
for Jurisdiction on Interstate Waters as set forth in Section 853.4.

(b) The Legislature finds that law enforcement has been impaired
in sections of Lake Tahoe and Topaz Lake forming an interstate
boundary between California and Nevada because of difficulty in
determining precisely where a criminal act was committed.
(c) The Legislature intends that a person arrested for an act that
is illegal in both states should not be freed merely because neither
state could establish that a crime was committed within its
boundaries.
(d) The California-Nevada Compact for Jurisdiction on Interstate
Waters is enacted to provide for the enforcement of the laws of this
state with regard to certain acts committed on Lake Tahoe or Topaz
Lake, on either side of the boundary line between California and
Nevada.


853.4. (a) As used in this compact, unless the context otherwise
requires, "party state" means a state that has enacted this compact.

(b) If conduct is prohibited by the party states, courts and law
enforcement officers in either state who have jurisdiction over
criminal offenses committed in a county where Lake Tahoe or Topaz
Lake forms a common interstate boundary have concurrent jurisdiction
to arrest, prosecute, and try offenders for the prohibited conduct
committed anywhere on the body of water forming a boundary between
the two states.
(c) This section applies only to those crimes that are established
in common between the States of Nevada and California, and an
acquittal or conviction and sentence by one state shall bar a
prosecution for the same act or omission by the other.
(d) This compact does not authorize any conduct prohibited by a
party state.
(e) This compact shall become operative when ratified by law by
the party states and shall remain in full force and effect so long as
the provisions of this compact, as ratified by the State of Nevada,
remain substantively the same as the provisions of this compact, as
ratified by this section. This compact may be amended in the same
manner as is required for it to become operative.

[هيثم الفقى]

853.5. (a) Except as otherwise provided by law, in any case in
which a person is arrested for an offense declared to be an
infraction, the person may be released according to the procedures
set forth by this chapter for the release of persons arrested for an
offense declared to be a misdemeanor. In all cases, except as
specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle
Code, in which a person is arrested for an infraction, a peace
officer shall only require the arrestee to present his or her driver'
s license or other satisfactory evidence of his or her identity for
examination and to sign a written promise to appear contained in a
notice to appear. If the arrestee does not have a driver's license
or other satisfactory evidence of identity in his or her possession,
the officer may require the arrestee to place a right thumbprint, or
a left thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. Except for law
enforcement purposes relating to the identity of the arrestee, no
person or entity may sell, give away, allow the distribution of,
include in a database, or create a database with, this print. Only
if the arrestee refuses to sign a written promise, has no
satisfactory identification, or refuses to provide a thumbprint or
fingerprint may the arrestee be taken into custody.
(b) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints is
inconclusive, the court shall refer the notice to appear or copy
thereof back to the issuing agency for further investigation, unless
the court finds that referral is not in the interest of justice.
(c) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(d) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 if the court determines that there is insufficient
evidence that the person cited is the person charged and shall
immediately notify the Department of Motor Vehicles of its
determination. If the Department of Motor Vehicles determines the
citation or citations in question formed the basis of a suspension or
revocation of the person's driving privilege, the department shall
immediately set aside the action.
(e) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6, unless the court
finds that a finding of factual innocence is not in the interest of
justice.


853.6. (a) In any case in which a person is arrested for an offense
declared to be a misdemeanor, including a violation of any city or
county ordinance, and does not demand to be taken before a
magistrate, that person shall, instead of being taken before a
magistrate, be released according to the procedures set forth by this
chapter. If the person is released, the officer or his or her
superior shall prepare in duplicate a written notice to appear in
court, containing the name and address of the person, the offense
charged, and the time when, and place where, the person shall appear
in court. If, pursuant to subdivision (i), the person is not
released prior to being booked and the officer in charge of the
booking or his or her superior determines that the person should be
released, the officer or his or her superior shall prepare a written
notice to appear in a court.
In any case in which a person is arrested for a misdemeanor
violation of a protective court order involving domestic violence, as
defined in subdivision (b) of Section 13700, or arrested pursuant to
a policy, as described in Section 13701, the person shall be taken
before a magistrate instead of being released according to the
procedures set forth in this chapter, unless the arresting officer
determines that there is not a reasonable likelihood that the offense
will continue or resume or that the safety of persons or property
would be imminently endangered by release of the person arrested.
Prior to adopting these provisions, each city, county, or city and
county shall develop a protocol to assist officers to determine when
arrest and release is appropriate, rather than taking the arrested
person before a magistrate. The county shall establish a committee
to develop the protocol, consisting of, at a minimum, the police
chief or county sheriff within the jurisdiction, the district
attorney, county counsel, city attorney, representatives from
domestic violence shelters, domestic violence councils, and other
relevant community agencies.
Nothing in this subdivision shall be construed to affect a
defendant's ability to be released on bail or on his or her own
recognizance.
(b) Unless waived by the person, the time specified in the notice
to appear shall be at least 10 days after arrest if the duplicate
notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the
magistrate before whom the person would be taken if the requirement
of taking an arrested person before a magistrate were complied with,
or shall be an officer authorized by that court to receive a deposit
of bail.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person, in order to secure
release, shall give his or her written promise to appear in court as
specified in the notice by signing the duplicate notice which shall
be retained by the officer, and the officer may require the arrested
person, if he or she has no satisfactory identification, to place a
right thumbprint, or a left thumbprint or fingerprint if the person
has a missing or disfigured right thumb, on the notice to appear.
Except for law enforcement purposes relating to the identity of the
arrestee, no person or entity may sell, give away, allow the
distribution of, include in a database, or create a database with,
this print. Upon the signing of the duplicate notice, the arresting
officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice, as follows:
(1) It shall be filed with the magistrate if the offense charged
is an infraction.
(2) It shall be filed with the magistrate if the prosecuting
attorney has previously directed the officer to do so.
(3) The duplicate notice and underlying police reports in support
of the charge or charges shall be filed with the prosecuting attorney
in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he
or she, within his or her discretion, may initiate prosecution by
filing the notice or a formal complaint with the magistrate specified
in the duplicate notice within 25 days from the time of arrest. If
the prosecution is not to be initiated, the prosecutor shall send
notice to the person arrested at the address on the notice to appear.
The failure by the prosecutor to file the notice or formal
complaint within 25 days of the time of the arrest shall not bar
further prosecution of the misdemeanor charged in the notice to
appear. However, any further prosecution shall be preceded by a new
and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer,
or the filing of the notice or formal complaint by the prosecutor,
the magistrate may fix the amount of bail that in his or her
judgment, in accordance with Section 1275, is reasonable and
sufficient for the appearance of the defendant and shall endorse upon
the notice a statement signed by him or her in the form set forth in
Section 815a. The defendant may, prior to the date upon which he or
she promised to appear in court, deposit with the magistrate the
amount of bail set by the magistrate. At the time the case is called
for arraignment before the magistrate, if the defendant does not
appear, either in person or by counsel, the magistrate may declare
the bail forfeited, and may, in his or her discretion, order that no
further proceedings shall be had in the case, unless the defendant
has been charged with a violation of Section 374.3 or 374.7 of this
code or of Section 11357, 11360, or 13002 of the Health and Safety
Code, or a violation punishable under Section 5008.7 of the Public
Resources Code, and he or she has previously been convicted of a
violation of that section or a violation that is punishable under
that section, except in cases where the magistrate finds that undue
hardship will be imposed upon the defendant by requiring him or her
to appear, the magistrate may declare the bail forfeited and order
that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had,
all sums deposited as bail shall immediately be paid into the county
treasury for distribution pursuant to Section 1463.
(f) No warrant shall be issued for the arrest of a person who has
given a written promise to appear in court, unless and until he or
she has violated that promise or has failed to deposit bail, to
appear for arraignment, trial, or judgment or to comply with the
terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person prior to release or
indicate on the citation that the arrested person shall appear at the
arresting agency to be booked or indicate on the citation that the
arrested person shall appear at the arresting agency to be
fingerprinted prior to the date the arrested person appears in court.
If it is indicated on the citation that the arrested person shall
be booked or fingerprinted prior to the date of the person's court
appearance, the arresting agency at the time of booking or
fingerprinting shall provide the arrested person with verification of
the booking or fingerprinting by making an entry on the citation.
If it is indicated on the citation that the arrested person is to be
booked or fingerprinted, the magistrate, judge, or court shall,
before the proceedings begin, order the defendant to provide
verification that he or she was booked or fingerprinted by the
arresting agency. If the defendant cannot produce the verification,
the magistrate, judge, or court shall require that the defendant be
booked or fingerprinted by the arresting agency before the next court
appearance, and that the defendant provide the verification at the
next court appearance unless both parties stipulate that booking or
fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear
procedure set forth in this section for any misdemeanor offense in
which the officer has arrested a person without a warrant pursuant to
Section 836 or in which he or she has taken custody of a person
pursuant to Section 847.
(i) Whenever any person is arrested by a peace officer for a
misdemeanor, that person shall be released according to the
procedures set forth by this chapter unless one of the following is a
reason for nonrelease, in which case the arresting officer may
release the person, or the arresting officer shall indicate, on a
form to be established by his or her employing law enforcement
agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that he or she could
have been a danger to himself or herself or to others.
(2) The person arrested required medical examination or medical
care or was otherwise unable to care for his or her own safety.
(3) The person was arrested under one or more of the circumstances
listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the
person.
(5) The person could not provide satisfactory evidence of personal
identification.
(6) The prosecution of the offense or offenses for which the
person was arrested, or the prosecution of any other offense or
offenses, would be jeopardized by immediate release of the person
arrested.
(7) There was a reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be imminently endangered by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate
or refused to sign the notice to appear.
(9) There is reason to believe that the person would not appear at
the time and place specified in the notice. The basis for this
determination shall be specifically stated.
The form shall be filed with the arresting agency as soon as
practicable and shall be made available to any party having custody
of the arrested person, subsequent to the arresting officer, and to
any person authorized by law to release him or her from custody
before trial.
(j) Once the arresting officer has prepared the written notice to
appear and has delivered a copy to the person arrested, the officer
shall deliver the remaining original and all copies as provided by
subdivision (e).
Any person, including the arresting officer and any member of the
officer's department or agency, or any peace officer, who alters,
conceals, modifies, nullifies, or destroys, or causes to be altered,
concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or
with a person authorized by the magistrate to receive deposit of
bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer determines that, in the
interest of justice, the citation or notice should be dismissed, the
arresting agency may recommend, in writing, to the magistrate that
the charges be dismissed. The recommendation shall cite the reasons
for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for
dismissal, the finding shall be entered in the record and the charges
dismissed.
Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
dismissal.
(k) (1) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints is
inconclusive, the court shall refer the notice to appear or copy
thereof back to the issuing agency for further investigation, unless
the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 if the court determines that there is insufficient
evidence that the person cited is the person charged and shall
immediately notify the Department of Motor Vehicles of its
determination. If the Department of Motor Vehicles determines the
citation or citations in question formed the basis of a suspension or
revocation of the person's driving privilege, the department shall
immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6, unless the court
finds that a finding of factual innocence is not in the interest of
justice.
(5) The citation or notice to appear may be held by the
prosecuting attorney or issuing agency for future adjudication should
the arrestee who received the citation or notice to appear be found.

(l) For purposes of this section, the term "arresting agency"
includes any other agency designated by the arresting agency to
provide booking or fingerprinting services.



853.6a. (a) Except as provided in subdivision (b), if the person
arrested appears to be under the age of 18 years, and the arrest is
for a violation listed in Section 256 of the Welfare and Institutions
Code, other than an offense involving a firearm, the notice under
Section 853.6 shall instead provide that the person shall appear
before the juvenile court, a juvenile court referee, or a juvenile
hearing officer within the county in which the offense charged is
alleged to have been committed, and the officer shall instead, as
soon as practicable, file the duplicate notice with the prosecuting
attorney unless the prosecuting attorney directs the officer to file
the duplicate notice with the clerk of the juvenile court, the
juvenile court referee, or the juvenile hearing officer. If the
notice is filed with the prosecuting attorney, within 48 hours before
the date specified on the notice to appear, the prosecutor, within
his or her discretion, may initiate proceedings by filing the notice
or a formal petition with the clerk of the juvenile court, or the
juvenile court referee or juvenile hearing officer, before whom the
person is required to appear by the notice.
(b) A juvenile court may exercise the option of not requiring a
mandatory appearance of the juvenile before the court for infractions
contained in the Vehicle Code, except those related to drivers'
licenses as specified in Division 6 (commencing with Section 12500),
those related to financial responsibility as specified in Division 7
(commencing with Section 16000), those related to speeding violations
as specified in Division 11 (commencing with Section 21000) in which
the speed limit was violated by 15 or more miles per hour, and those
involving the use or possession of alcoholic beverages as specified
in Division 11.5 (commencing with Section 23500).
(c) In counties where an Expedited Youth Accountability Program is
operative, as established under Section 660.5 of the Welfare and
Institutions Code, a peace officer may issue a citation and written
promise to appear in juvenile court or record the minor's refusal to
sign the promise to appear and serve notice to appear in juvenile
court, according to the requirements and procedures provided in that
section.
(d) This section may not be construed to limit the discretion of a
peace officer or other person with the authority to enforce laws
pertaining to juveniles to take the minor into custody pursuant to
Article 15 (commencing with Section 625) of the Welfare and
Institutions Code.


853.7. Any person who willfully violates his or her written promise
to appear or a lawfully granted continuance of his or her promise to
appear in court is guilty of a misdemeanor, regardless of the
disposition of the charge upon which he or she was originally
arrested.



853.7a. (a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code. This assessment shall apply whether or not a violation of
Section 853.7 is concurrently charged or a warrant of arrest is
issued pursuant to Section 853.8.
(b) The clerk of the court shall deposit the amounts collected
under this section in the county treasury. All money so deposited
shall be used first for the development and operation of an automated
county warrant system. If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.



853.8. When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has not
posted bail as provided in Section 853.6, the magistrate shall issue
and have delivered for execution a warrant for his or her arrest
within 20 days after his or her failure to appear as promised or
within 20 days after his or her failure to appear after a lawfully
granted continuance of his or her promise to appear.



853.85. This chapter shall not apply in any case where a person is
arrested for an offense declared to be a felony.

[هيثم الفقى]

853.9. (a) Whenever written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney with
the court pursuant to the provisions of Section 853.6 of this code,
an exact and legible duplicate copy of the notice when filed with the
magistrate, in lieu of a verified complaint, shall constitute a
complaint to which the defendant may plead "guilty" or "nolo
contendere."
If, however, the defendant violates his or her promise to appear
in court, or does not deposit lawful bail, or pleads other than
"guilty" or "nolo contendere" to the offense charged, a complaint
shall be filed which shall conform to the provisions of this code and
which shall be deemed to be an original complaint; and thereafter
proceedings shall be had as provided by law, except that a defendant
may, by an agreement in writing, subscribed by him or her and filed
with the court, waive the filing of a verified complaint and elect
that the prosecution may proceed upon a written notice to appear.
(b) Notwithstanding the provisions of subdivision (a) of this
section, whenever the written notice to appear has been prepared on a
form approved by the Judicial Council, an exact and legible
duplicate copy of the notice when filed with the magistrate shall
constitute a complaint to which the defendant may enter a plea and,
if the notice to appear is verified, upon which a warrant may be
issued. If the notice to appear is not verified, the defendant may,
at the time of arraignment, request that a verified complaint be
filed.

[هيثم الفقى]

854. If a person arrested escape or is rescued, the person from
whose custody he escaped or was rescued, may immediately pursue and
retake him at any time and in any place within the State.



855. To retake the person escaping or rescued, the person pursuing
may break open an outer or inner door or window of a dwelling house,
if, after notice of his intention, he is refused admittance.

[هيثم الفقى]

DEFENDANT, OR HOLDING HIM TO ANSWER

858. When the defendant is brought before the magistrate upon an
arrest, either with or without warrant, on a charge of having
committed a public offense, the magistrate must immediately inform
him of the charge against him, and of his right to the aid of counsel
in every stage of the proceedings. If it appears that the defendant
may be a minor, the magistrate shall ascertain whether such is the
case, and if the magistrate concludes that it is probable that the
defendant is a minor, and unless the defendant is a member of the
armed forces of the United States and the offense charged is a
misdemeanor, he shall immediately either notify the parent or
guardian of the minor, by telephone, telegram, or messenger, of the
arrest, or appoint counsel to represent the minor.



858.5. (a) In any case in which a defendant is, on his demand,
brought before a magistrate pursuant to Section 822 after arrest for
a misdemeanor Vehicle Code violation, the magistrate shall give such
instructions to the defendant as required by law and inform the
defendant of his rights under this section, and, if the defendant
desires to plead guilty or nolo contendere to the charge in the
complaint, he may so advise the magistrate. If the magistrate
determines that such plea would be in the interest of justice, he
shall direct the defendant to appear before a specified appropriate
court in the county in which defendant has been arrested at a
designated certain time, which in no case shall be more than 10
calendar days from the date of arrest, for plea and sentencing. The
magistrate shall request the court in which the complaint has been
filed to transmit a certified copy of the complaint and any citation
and any factual report which may have been prepared by the law
enforcement agency that investigated the case to the court in which
defendant is to appear for plea and sentencing. If the court of
which the request is made deems such action to be in the interest of
justice, and the district attorney of the county in which that court
sits, after notice from the court of the request it has received,
does not object to such action, the court shall immediately transmit
a certified copy of the complaint and the report of the law
enforcement agency that investigated the case, and, if not, shall
advise the requesting magistrate of its decision not to take such
action.
When defendant appears for plea and sentencing, and if a copy of
the complaint has been transmitted, the court shall read the copy of
the complaint to him, and the defendant may plead guilty or nolo
contendere. Such court shall have jurisdiction to accept the plea
and impose a sentence. Such court shall notify the court in which
the complaint was originally filed of the disposition of the case.
If defendant does not plead guilty or nolo contendere, or if
transmittal of a copy of the complaint has been refused or if a copy
of the complaint has not been received, the court shall terminate the
proceedings under this section and shall direct the defendant to
appear before the court or magistrate by whom the warrant was issued
on or before a certain day which in no case shall be more than five
days after the date such direction is made.
(b) Any fines imposed by a court which is given authority to
sentence pursuant to this section shall be remitted to the court in
which the complaint was originally filed for disposition as required
by law. The county of the sentencing court shall bear all costs
incurred incident to acceptance of the plea and sentencing, and no
part of such costs shall be deducted from the fine remitted to the
court in which the complaint was filed.



858.7. (a) In any case in which the defendant has been convicted of
a misdemeanor and is serving a sentence as a result of such
conviction and there has been filed and is pending in another county
a complaint charging him with a misdemeanor Vehicle Code violation,
the defendant may appear before the court that sentenced him, and a
magistrate of that court shall give such instructions to the
defendant as required by law and inform the defendant of his rights
under this section, and, if the defendant desires to plead guilty or
nolo contendere to the charge in the complaint, he may so advise the
magistrate. If the magistrate determines that such plea would be in
the interest of justice, he shall direct the defendant to appear
before a specified appropriate court in the county in which defendant
is serving his sentence at a designated certain time for plea and
sentencing. The magistrate shall request the court in which the
complaint has been filed to transmit a certified copy of the
complaint and any citation and any factual report which may have been
prepared by the law enforcement agency that investigated the case to
the court in which defendant is to appear for plea and sentencing.
If the court of which the request is made deems such action to be in
the interest of justice, and the district attorney of the county in
which that court sits, after notice from the court of the request it
has received, does not object to such action, the court shall
immediately transmit a certified copy of the complaint and any report
of the law enforcement agency that investigated the case, and, if
not, shall advise the requesting magistrate of its decision not to
take such action.
When defendant appears for plea and sentencing, and if a copy of
the complaint has been transmitted, the court shall read the copy of
the complaint to him, and the defendant may plead guilty or nolo
contendere. Such court shall have jurisdiction to accept the plea
and impose a sentence. Such court shall notify the court in which
the complaint was originally filed of the disposition of the case.
If defendant does not plead guilty or nolo contendere, or if
transmittal of a copy of the complaint has been refused or if a copy
of the complaint has not been received, the court shall terminate the
proceedings under this section and shall direct the defendant to
appear before the court in which the complaint was filed and is
pending on or before a certain day.
(b) (1) Any fines imposed by a court which is given authority to
sentence pursuant to this section shall be remitted to the court in
which the complaint was originally filed for disposition as required
by law. Except as otherwise provided in paragraph (2) of this
subdivision, the county of the sentencing court shall bear all costs
incurred incident to acceptance of the plea and sentencing, and no
part of such costs shall be deducted from the fine remitted to the
court in which the complaint was filed.
(2) In any case in which a defendant is sentenced to imprisonment
pursuant to this section, and as a result of such sentence he is
required to be imprisoned for a time in addition to, and not
concurrent with, the time he is imprisoned as a result of the
sentence he is otherwise serving, the county in which the complaint
was originally filed shall bear the cost of such additional time of
imprisonment that the defendant is required to serve. Such cost may
be deducted from any fine required to be remitted pursuant to
paragraph (1) of this subdivision to the court in which the complaint
was originally filed.
(c) As used in this section, "complaint" includes, but is not
limited to, a notice to appear which is within the provisions of
Section 40513 of the Vehicle Code.



859. When the defendant is charged with the commission of a felony
by a written complaint subscribed under oath and on file in a court
within the county in which the felony is triable, he or she shall,
without unnecessary delay, be taken before a magistrate of the court
in which the complaint is on file. The magistrate shall immediately
deliver to the defendant a copy of the complaint, inform the
defendant that he or she has the right to have the assistance of
counsel, ask the defendant if he or she desires the assistance of
counsel, and allow the defendant reasonable time to send for counsel.
However, in a capital case, the court shall inform the defendant
that the defendant must be represented in court by counsel at all
stages of the preliminary and trial proceedings and that the
representation will be at the defendant's expense if the defendant is
able to employ counsel or at public expense if he or she is unable
to employ counsel, inquire of him or her whether he or she is able to
employ counsel and, if so, whether the defendant desires to employ
counsel of the defendant's choice or to have counsel assigned for him
or her, and allow the defendant a reasonable time to send for his or
her chosen or assigned counsel. If the defendant desires and is
unable to employ counsel, the court shall assign counsel to defend
him or her; in a capital case, if the defendant is able to employ
counsel and either refuses to employ counsel or appears without
counsel after having had a reasonable time to employ counsel, the
court shall assign counsel to defend him or her. If it appears that
the defendant may be a minor, the magistrate shall ascertain whether
that is the case, and if the magistrate concludes that it is probable
that the defendant is a minor, he or she shall immediately either
notify the parent or guardian of the minor, by telephone or
messenger, of the arrest, or appoint counsel to represent the minor.




859.1. (a) In any criminal proceeding in which the defendant is
charged with any offense specified in Section 868.8 on a minor under
the age of 16 years, or a dependent person with a substantial
cognitive impairment, as defined in paragraph (3) of subdivision (f)
of Section 288, the court shall, upon motion of the prosecuting
attorney, conduct a hearing to determine whether the testimony of,
and testimony relating to, a minor or dependent person shall be
closed to the public in order to protect the minor's or the dependent
person's reputation.
(b) In making this determination, the court shall consider all of
the following:
(1) The nature and seriousness of the offense.
(2) The age of the minor, or the level of cognitive development of
the dependent person.
(3) The extent to which the size of the community would preclude
the anonymity of the victim.
(4) The likelihood of public opprobrium due to the status of the
victim.
(5) Whether there is an overriding public interest in having an
open hearing.
(6) Whether the prosecution has demonstrated a substantial
probability that the identity of the witness would otherwise be
disclosed to the public during that proceeding, and demonstrated a
substantial probability that the disclosure of his or her identity
would cause serious harm to the witness.
(7) Whether the witness has disclosed information concerning the
case to the public through press conferences, public meetings, or
other means.
(8) Other factors the court may deem necessary to protect the
interests of justice.


859a. (a) If the public offense charged is a felony not punishable
with death, the magistrate shall immediately upon the appearance of
counsel for the defendant read the complaint to the defendant and ask
him or her whether he or she pleads guilty or not guilty to the
offense charged therein and to a previous conviction or convictions
of crime if charged. While the charge remains pending before the
magistrate and when the defendant's counsel is present, the defendant
may plead guilty to the offense charged, or, with the consent of the
magistrate and the district attorney or other counsel for the
people, plead nolo contendere to the offense charged or plead guilty
or nolo contendere to any other offense the commission of which is
necessarily included in that with which he or she is charged, or to
an attempt to commit the offense charged and to the previous
conviction or convictions of crime if charged upon a plea of guilty
or nolo contendere. The magistrate may then fix a reasonable bail as
provided by this code, and upon failure to deposit the bail or
surety, shall immediately commit the defendant to the sheriff. Upon
accepting the plea of guilty or nolo contendere the magistrate shall
certify the case, including a copy of all proceedings therein and any
testimony that in his or her discretion he or she may require to be
taken, to the court in which judgment is to be pronounced at the time
specified under subdivision (b), and thereupon the proceedings shall
be had as if the defendant had pleaded guilty in that court. This
subdivision shall not be construed to authorize the receiving of a
plea of guilty or nolo contendere from any defendant not represented
by counsel. If the defendant subsequently files a written motion to
withdraw the plea under Section 1018, the motion shall be heard and
determined by the court before which the plea was entered.
(b) Notwithstanding Section 1191 or 1203, the magistrate shall,
upon the receipt of a plea of guilty or nolo contendere and upon the
performance of the other duties of the magistrate under this section,
immediately appoint a time for pronouncing judgment in the superior
court and refer the case to the probation officer if eligible for
probation, as prescribed in Section 1191.



859b. At the time the defendant appears before the magistrate for
arraignment, if the public offense is a felony to which the defendant
has not pleaded guilty in accordance with Section 859a, the
magistrate, immediately upon the appearance of counsel, or if none
appears, after waiting a reasonable time therefor as provided in
Section 859, shall set a time for the examination of the case and
shall allow not less than two days, excluding Sundays and holidays,
for the district attorney and the defendant to prepare for the
examination. The magistrate shall also issue subpoenas, duly
subscribed, for witnesses within the state, required either by the
prosecution or the defense.
Both the defendant and the people have the right to a preliminary
examination at the earliest possible time, and unless both waive that
right or good cause for a continuance is found as provided for in
Section 1050, the preliminary examination shall be held within 10
court days of the date the defendant is arraigned or pleads,
whichever occurs later, or within 10 court days of the date criminal
proceedings are reinstated pursuant to Chapter 6 (commencing with
Section 1367) of Title 10 of Part 2.
Whenever the defendant is in custody, the magistrate shall dismiss
the complaint if the preliminary examination is set or continued
beyond 10 court days from the time of the arraignment, plea, or
reinstatement of criminal proceedings pursuant to Chapter 6
(commencing with Section 1367) of Title 10 of Part 2, and the
defendant has remained in custody for 10 or more court days solely on
that complaint, unless either of the following occur:
(a) The defendant personally waives his or her right to
preliminary examination within the 10 court days.
(b) The prosecution establishes good cause for a continuance
beyond the 10-court-day period.
For purposes of this subdivision, "good cause" includes, but is
not limited to, those cases involving allegations that a violation of
one or more of the sections specified in subdivision (a) of Section
11165.1 or in Section 11165.6 has occurred and the prosecuting
attorney assigned to the case has another trial, preliminary hearing,
or motion to suppress in progress in that court or another court.
Any continuance under this paragraph shall be limited to a maximum of
three additional court days.
If the preliminary examination is set or continued beyond the
10-court-day period, the defendant shall be released pursuant to
Section 1318 unless:
(1) The defendant requests the setting of continuance of the
preliminary examination beyond the 10-court-day period.
(2) The defendant is charged with a capital offense in a cause
where the proof is evident and the presumption great.
(3) A witness necessary for the preliminary examination is
unavailable due to the actions of the defendant.
(4) The illness of counsel.
(5) The unexpected engagement of counsel in a jury trial.
(6) Unforeseen conflicts of interest which require appointment of
new counsel.
The magistrate shall dismiss the complaint if the preliminary
examination is set or continued more than 60 days from the date of
the arraignment, plea, or reinstatement of criminal proceedings
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2, unless the defendant personally waives his or her right to a
preliminary examination within the 60 days.



859c. Procedures under this code that provide for superior court
review of a challenged ruling or order made by a superior court judge
or a magistrate shall be performed by a superior court judge other
than the judge or magistrate who originally made the ruling or order,
unless agreed to by the parties.


860. At the time set for the examination of the case, if the public
offense is a felony punishable with death, or is a felony to which
the defendant has not pleaded guilty in accordance with Section 859a
of this code, then, if the defendant requires the aid of counsel, the
magistrate must allow the defendant a reasonable time to send for
counsel, and may postpone the examination for not less than two nor
more than five days for that purpose. The magistrate must,
immediately after the appearance of counsel, or if, after waiting a
reasonable time therefor, none appears, proceed to examine the case;
provided, however, that a defendant represented by counsel may when
brought before the magistrate as provided in Section 858 or at any
time subsequent thereto, waive the right to an examination before
such magistrate, and thereupon it shall be the duty of the magistrate
to make an order holding the defendant to answer, and it shall be
the duty of the district attorney within 15 days thereafter, to file
in the superior court of the county in which the offense is triable
the information; provided, further, however, that nothing contained
herein shall prevent the district attorney nor the magistrate from
requiring that an examination be held as provided in this chapter.




861. (a) The preliminary examination shall be completed at one
session or the complaint shall be dismissed, unless the magistrate,
for good cause shown by affidavit, postpones it. The postponement
shall not be for more than 10 court days, unless either of the
following occur:
(1) The defendant personally waives his or her right to a
continuous preliminary examination.
(2) The prosecution establishes good cause for a postponement
beyond the 10-court-day period. If the magistrate postpones the
preliminary examination beyond the 10-court-day period, and the
defendant is in custody, the defendant shall be released pursuant to
subdivision (b) of Section 859b.
(b) The preliminary examination shall not be postponed beyond 60
days from the date the motion to postpone the examination is granted,
unless by consent or on motion of the defendant.
(c) Nothing in this section shall preclude the magistrate from
interrupting the preliminary examination to conduct brief court
matters so long as a substantial majority of the court's time is
devoted to the preliminary examination.
(d) A request for a continuance of the preliminary examination
that is made by the defendant or his or her attorney of record for
the purpose of filing a motion pursuant to paragraph (2) of
subdivision (f) of Section 1538.5 shall be deemed a personal waiver
of the defendant's right to a continuous preliminary examination.



861.5. Notwithstanding subdivision (a) of Section 861, the
magistrate may postpone the preliminary examination for one court day
in order to accommodate the special physical, mental, or emotional
needs of a child witness who is 10 years of age or younger or a
dependent person, as defined in paragraph (3) of subdivision (f) of
Section 288.
The magistrate shall admonish both the prosecution and defense
against coaching the witness prior to the witness' next appearance in
the preliminary examination.



862. If a postponement is had, the magistrate must commit the
defendant for examination, admit him to bail or discharge him from
custody upon the deposit of money as provided in this Code, as
security for his appearance at the time to which the examination is
postponed.



863. The commitment for examination is made by an indorsement,
signed by the magistrate on the warrant of arrest, to the following
effect: "The within named A.B. having been brought before me under
this warrant, is committed for examination to the Sheriff of ____."
If the Sheriff is not present, the defendant may be committed to the
custody of a peace officer.



864. At the examination, the magistrate must first read to the
defendant the depositions of the witnesses examined on taking the
information.


865. The witnesses must be examined in the presence of the
defendant, and may be cross-examined in his behalf.



866. (a) When the examination of witnesses on the part of the
people is closed, any witness the defendant may produce shall be
sworn and examined.
Upon the request of the prosecuting attorney, the magistrate shall
require an offer of proof from the defense as to the testimony
expected from the witness. The magistrate shall not permit the
testimony of any defense witness unless the offer of proof discloses
to the satisfaction of the magistrate, in his or her sound
discretion, that the testimony of that witness, if believed, would be
reasonably likely to establish an affirmative defense, negate an
element of a crime charged, or impeach the testimony of a prosecution
witness or the statement of a declarant testified to by a
prosecution witness.
(b) It is the purpose of a preliminary examination to establish
whether there exists probable cause to believe that the defendant has
committed a felony. The examination shall not be used for purposes
of discovery.
(c) This section shall not be construed to compel or authorize the
taking of depositions of witnesses.



866.5. The defendant may not be examined at the examination, unless
he is represented by counsel, or unless he waives his right to
counsel after being advised at such examination of his right to aid
of counsel.


867. While a witness is under examination, the magistrate shall,
upon motion of either party, exclude all potential and actual witness
who have not been examined.
The magistrate shall also order the witnesses not to converse with
each other until they are all examined. The magistrate may also
order, where feasible, that the witnesses be kept separated from each
other until they are all examined.
This section does not apply to the investigating officer or the
investigator for the defendant, nor does it apply to officers having
custody of persons brought before the magistrate.
Either party may challenge the exclusion of any person under this
section. Upon motion of either party, the magistrate shall hold a
hearing, on the record, to determine if the person sought to be
excluded is, in fact, a person excludable under this section.



868. The examination shall be open and public. However, upon the
request of the defendant and a finding by the magistrate that
exclusion of the public is necessary in order to protect the
defendant's right to a fair and impartial trial, the magistrate shall
exclude from the examination every person except the clerk, court
reporter and bailiff, the prosecutor and his or her counsel, the
Attorney General, the district attorney of the county, the
investigating officer, the officer having custody of a prisoner
witness while the prisoner is testifying, the defendant and his or
her counsel, the officer having the defendant in custody, and a
person chosen by the prosecuting witness who is not himself or
herself a witness but who is present to provide the prosecuting
witness moral support, provided that the person so chosen shall not
discuss prior to or during the preliminary examination the testimony
of the prosecuting witness with any person, other than the
prosecuting witness, who is a witness in the examination. Upon
motion of the prosecution, members of the alleged victim's family
shall be entitled to be present and seated during the examination.
The court shall grant the motion unless the magistrate finds that the
exclusion is necessary to protect the defendant's right to a fair
and impartial trial, or unless information provided by the defendant
or noticed by the court establishes that there is a reasonable
likelihood that the attendance of members of the alleged victim's
family poses a risk of affecting the content of the testimony of the
victim or any other witness. The court shall admonish members of the
alleged victim's family who are present and seated during the
examination not to discuss any testimony with family members,
witnesses, or the public. Nothing in this section shall affect the
exclusion of witnesses as provided in Section 867 of the Penal Code.

For purposes of this section, members of the alleged victim's
family shall include the alleged victim's spouse, parents, legal
guardian, children, or siblings.


868.5. (a) Notwithstanding any other law, a prosecuting witness in
a case involving a violation of Section 187, 203, 205, 207, 211, 215,
220, 240, 242, 243.4, 245, 261, 262, 273a, 273d, 273.5, 273.6, 278,
278.5, 285, 286, 288, 288a, 288.5, 289, or 647.6, or former Section
277 or 647a, or a violation of subdivision (1) of Section 314, shall
be entitled, for support, to the attendance of up to two persons of
his or her own choosing, one of whom may be a witness, at the
preliminary hearing and at the trial, or at a juvenile court
proceeding, during the testimony of the prosecuting witness. Only
one of those support persons may accompany the witness to the witness
stand, although the other may remain in the courtroom during the
witness' testimony. The person or persons so chosen shall not be a
person described in Section 1070 of the Evidence Code unless the
person or persons are related to the prosecuting witness as a parent,
guardian, or sibling and do not make notes during the hearing or
proceeding.
(b) If the person or persons so chosen are also prosecuting
witnesses, the prosecution shall present evidence that the person's
attendance is both desired by the prosecuting witness for support and
will be helpful to the prosecuting witness. Upon that showing, the
court shall grant the request unless information presented by the
defendant or noticed by the court establishes that the support person'
s attendance during the testimony of the prosecuting witness would
pose a substantial risk of influencing or affecting the content of
that testimony. In the case of a juvenile court proceeding, the
judge shall inform the support person or persons that juvenile court
proceedings are confidential and may not be discussed with anyone not
in attendance at the proceedings. In all cases, the judge shall
admonish the support person or persons to not prompt, sway, or
influence the witness in any way. Nothing in this section shall
preclude a court from exercising its discretion to remove a person
from the courtroom whom it believes is prompting, swaying, or
influencing the witness.
(c) The testimony of the person or persons so chosen who are also
prosecuting witnesses shall be presented before the testimony of the
prosecuting witness. The prosecuting witness shall be excluded from
the courtroom during that testimony. Whenever the evidence given by
that person or those persons would be subject to exclusion because it
has been given before the corpus delicti has been established, the
evidence shall be admitted subject to the court's or the defendant's
motion to strike that evidence from the record if the corpus delicti
is not later established by the testimony of the prosecuting witness.




868.6. (a) It is the purpose of this section to provide a
nonthreatening environment for minors involved in the judicial system
in order to better enable them to speak freely and accurately of the
experiences that are the subject of judicial inquiry.
(b) Each county is encouraged to provide a room, located within,
or within a reasonable distance from, the courthouse, for the use of
minors under the age of 16. Should any such room reach full
occupancy, preference shall be given to minors under the age of 16
whose appearance has been subpoenaed by the court. The room may be
multipurpose in character. The county may seek the assistance of
civic groups in the furnishing of the room and the provision of
volunteers to aid in its operation and maintenance. If a county
newly constructs, substantially remodels or refurbishes any
courthouse or facility used as a courthouse on or after January 1,
1988, that courthouse or facility shall contain the room described in
this subdivision.



868.7. (a) Notwithstanding any other provision of law, the
magistrate may, upon motion of the prosecutor, close the examination
in the manner described in Section 868 during the testimony of a
witness:
(1) Who is a minor or a dependent person with a substantial
cognitive impairment, as defined in paragraph (3) of subdivision (f)
of Section 288, and is the complaining victim of a *** offense,
where testimony before the general public would be likely to cause
serious psychological harm to the witness and where no alternative
procedures, including, but not limited to, videotaped deposition or
contemporaneous examination in another place communicated to the
courtroom by means of closed-circuit television, are available to
avoid the perceived harm.
(2) Whose life would be subject to a substantial risk in appearing
before the general public, and where no alternative security
measures, including, but not limited to, efforts to conceal his or
her features or physical description, searches of members of the
public attending the examination, or the temporary exclusion of other
actual or potential witnesses, would be adequate to minimize the
perceived threat.
(b) In any case where public access to the courtroom is restricted
during the examination of a witness pursuant to this section, a
transcript of the testimony of the witness shall be made available to
the public as soon as is practicable.
This section shall become operative on January 1, 1987.



868.8. Notwithstanding any other provision of law, in any criminal
proceeding in which the defendant is charged with a violation of
Section 243.4, 261, 273a, 273d, 285, 286, 288, 288a, 288.5, or 289,
subdivision (1) of Section 314, Section 647.6, or former Section
647a, or any crime that constitutes domestic violence defined in
Section 13700, committed with or upon a person with a disability or a
minor under the age of 11, the court shall take special precautions
to provide for the comfort and support of the person with a
disability or minor and to protect him or her from coercion,
intimidation, or undue influence as a witness, including, but not
limited to, any of the following:
(a) In the court's discretion, the witness may be allowed
reasonable periods of relief from examination and cross-examination
during which he or she may retire from the courtroom. The judge may
also allow other witnesses in the proceeding to be examined when the
person with a disability or child witness retires from the courtroom.

(b) Notwithstanding Section 68110 of the Government Code, in his
or her discretion, the judge may remove his or her robe if the judge
believes that this formal attire intimidates the person with a
disability or the minor.
(c) In the court's discretion the judge, parties, witnesses,
support persons, and court personnel may be relocated within the
courtroom to facilitate a more comfortable and personal environment
for the person with a disability or child witness.
(d) In the court's discretion, the taking of the testimony of the
person with a disability or the minor may be limited to normal school
hours if there is no good cause to take the testimony of the person
with a disability or the minor during other hours.
(e) For the purposes of this section, the term "disability" is
defined in subdivision (i) of Section 12926 of the Government Code.



869. The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down in
shorthand in all examinations herein mentioned, and for that purpose
he or she may appoint a shorthand reporter. The deposition or
testimony of the witness shall be authenticated in the following
form:
(a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.
(b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or her
as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or answers
of the witness need not be read to him or her.
(c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.
(d) The deposition shall be signed by the witness, or if he or she
refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by the
witness.
(e) The reporter shall, within 10 days after the close of the
examination, if the defendant be held to answer the charge of a
felony, or in any other case if either the defendant or the
prosecution orders the transcript, transcribe his or her shorthand
notes, making an original and one copy and as many additional copies
thereof as there are defendants (other than fictitious defendants),
regardless of the number of charges or fictitious defendants included
in the same examination, and certify and deliver the original and
all copies to the clerk of the superior court in the county in which
the defendant was examined. The reporter shall, before receiving any
compensation as a reporter, file his or her affidavit setting forth
that the transcript has been delivered within the time herein
provided for. The compensation of the reporter for any services
rendered by him or her as the reporter in any court of this state
shall be reduced one-half if the provisions of this section as to the
time of filing said transcript have not been complied with by him or
her.
(f) In every case in which a transcript is delivered as provided
in this section, the clerk of the court shall file the original of
the transcript with the papers in the case, and shall deliver a copy
of the transcript to the district attorney immediately upon his or
her receipt thereof and shall deliver a copy of said transcript to
each defendant (other than a fictitious defendant) at least five days
before trial or upon earlier demand by him or her without cost to
him or her; provided, that if any defendant be held to answer to two
or more charges upon the same examination and thereafter the district
attorney shall file separate informations upon said several charges,
the delivery to each such defendant of one copy of the transcript of
the examination shall be a compliance with this section as to all of
those informations.
(g) If the transcript is delivered by the reporter within the time
hereinbefore provided for, the reporter shall be entitled to receive
the compensation fixed and allowed by law to reporters in the
superior courts of this state.



870. The magistrate or his or her clerk shall keep the depositions
taken on the information or the examination, until they are returned
to the proper court; and shall not permit them to be examined or
copied by any person except a judge of a court having jurisdiction of
the offense, or authorized to issue writs of habeas corpus, the
Attorney General, district attorney, or other prosecuting attorney,
and the defendant and his or her counsel; provided however, upon
demand by the defendant or his or her attorney the magistrate shall
order a transcript of the depositions taken on the information, or on
the examination, to be immediately furnished the defendant or his or
her attorney, after the commitment of the defendant as provided by
Sections 876 and 877, and the reporter furnishing the depositions,
shall receive compensation in accordance with Section 869.



871. If, after hearing the proofs, it appears either that no public
offense has been committed or that there is not sufficient cause to
believe the defendant guilty of a public offense, the magistrate
shall order the complaint dismissed and the defendant to be
discharged, by an indorsement on the depositions and statement,
signed by the magistrate, to the following effect: "There being no
sufficient cause to believe the within named A. B. guilty of the
offense within mentioned, I order that the complaint be dismissed and
that he or she shall be discharged."



871.5. (a) When an action is dismissed by a magistrate pursuant to
Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of
this code or Section 41403 of the Vehicle Code, or a portion thereof
is dismissed pursuant to those same sections which may not be charged
by information under Section 739, the prosecutor may make a motion
in the superior court within 15 days to compel the magistrate to
reinstate the complaint or a portion thereof and to reinstate the
custodial status of the defendant under the same terms and conditions
as when the defendant last appeared before the magistrate.
(b) Notice of the motion shall be made to the defendant and the
magistrate. The only ground for the motion shall be that, as a
matter of law, the magistrate erroneously dismissed the action or a
portion thereof.
(c) The superior court shall hear and determine the motion on the
basis of the record of the proceedings before the magistrate. If the
motion is litigated to decision by the prosecutor, the prosecution
is prohibited from refiling the dismissed action, or portion thereof.

(d) Within 10 days after the magistrate has dismissed the action
or a portion thereof, the prosecuting attorney may file a written
request for a transcript of the proceedings with the clerk of the
magistrate. The reporter shall immediately transcribe his or her
shorthand notes pursuant to Section 869 and file with the clerk of
the superior court an original plus one copy, and as many copies as
there are defendants (other than a fictitious defendant). The
reporter shall be entitled to compensation in accordance with Section
869. The clerk of the superior court shall deliver a copy of the
transcript to the prosecuting attorney immediately upon its receipt
and shall deliver a copy of the transcript to each defendant (other
than a fictitious defendant) upon his or her demand without cost.
(e) When a court has ordered the resumption of proceedings before
the magistrate, the magistrate shall resume the proceedings and when
so ordered, issue an order of commitment for the reinstated offense
or offenses within 10 days after the superior court has entered an
order to that effect or within 10 days after the remittitur is filed
in the superior court. Upon receipt of the remittitur, the superior
court shall forward a copy to the magistrate.
(f) Pursuant to paragraph (9) of subdivision (a) of Section 1238
the people may take an appeal from the denial of the motion by the
superior court to reinstate the complaint or a portion thereof. If
the motion to reinstate the complaint is granted, the defendant may
seek review thereof only pursuant to Sections 995 and 999a. That
review may only be sought in the event the defendant is held to
answer pursuant to Section 872.
(g) Nothing contained herein shall preclude a magistrate, upon the
resumption of proceedings, from considering a motion made pursuant
to Section 1318.
If the superior court grants the motion for reinstatement and
orders the magistrate to issue an order of commitment, the defendant,
in lieu of resumed proceedings before the magistrate, may elect to
waive his or her right to be committed by a magistrate, and consent
to the filing of an amended or initial information containing the
reinstated charge or charges. After arraignment thereon, he or she
may adopt as a motion pursuant to Section 995, the record and
proceedings of the motion taken pursuant to this section and the
order issued pursuant thereto, and may seek review of the order in
the manner prescribed in Section 999a.


871.6. If in a felony case the magistrate sets the preliminary
examination beyond the time specified in Section 859b, in violation
of Section 859b, or continues the preliminary hearing without good
cause and good cause is required by law for such a continuance, the
people or the defendant may file a petition for writ of mandate or
prohibition in the superior court seeking immediate appellate review
of the ruling setting the hearing or granting the continuance. Such
a petition shall have precedence over all other cases in the court to
which the petition is assigned. If the superior court grants a
peremptory writ, it shall issue the writ and a remittitur three court
days after its decision becomes final as to the court if this action
is necessary to prevent mootness or to prevent frustration of the
relief granted, notwithstanding the rights of the parties to seek
review in a court of appeal. When the superior court issues the writ
and remittitur as provided in this section, the writ shall command
the magistrate to proceed with the preliminary hearing without
further delay, other than that reasonably necessary for the parties
to obtain the attendance of their witnesses.
The court of appeal may stay or recall the issuance of the writ
and remittitur. The failure of the court of appeal to stay or recall
the issuance of the writ and remittitur shall not deprive the
parties of any right they would otherwise have to appellate review or
extraordinary relief.



872. (a) If, however, it appears from the examination that a public
offense has been committed, and there is sufficient cause to believe
that the defendant is guilty, the magistrate shall make or indorse
on the complaint an order, signed by him or her, to the following
effect: "It appearing to me that the offense in the within complaint
mentioned (or any offense, according to the fact, stating generally
the nature thereof), has been committed, and that there is sufficient
cause to believe that the within named A.B. is guilty, I order that
he or she be held to answer to the same."
(b) Notwithstanding Section 1200 of the Evidence Code, the finding
of probable cause may be based in whole or in part upon the sworn
testimony of a law enforcement officer or honorably retired law
enforcement officer relating the statements of declarants made out of
court offered for the truth of the matter asserted. An honorably
retired law enforcement officer may only relate statements of
declarants made out of court and offered for the truth of the matter
asserted that were made when the honorably retired officer was an
active law enforcement officer. Any law enforcement officer or
honorably retired law enforcement officer testifying as to hearsay
statements shall either have five years of law enforcement experience
or have completed a training course certified by the Commission on
Peace Officer Standards and Training that includes training in the
investigation and reporting of cases and testifying at preliminary
hearings.



872.5. Notwithstanding Article 1 (commencing with Section 1520) of
Chapter 2 of Division 11 of the Evidence Code, in a preliminary
examination the content of a writing may be proved by an otherwise
admissible original or otherwise admissible secondary evidence.




873. If the offense is not bailable, the following words must be
added to the indorsement: "And he is hereby committed to the Sheriff
of the County of ____. "



875. If the offense is bailable, and the defendant is admitted to
bail, the following words must be added to the order, "and that he be
admitted to bail in the sum of ____ dollars, and is committed to the
Sheriff of the County of ____ until he gives such bail."



876. If the magistrate order the defendant to be committed, he must
make out a commitment, signed by him, with his name of office, and
deliver it, with the defendant, to the officer to whom he is
committed, or, if that officer is not present, to a peace officer,
who must deliver the defendant into the proper custody, together with
the commitment.



877. The commitment must be to the following effect except when it
is made under the provisions of section 859a of this code.

County of ____ (as the case may be).
The people of the State of California to the sheriff of the county
of ____:
An order having been this day made by me, that A.B. be held to
answer upon a charge of (stating briefly the nature of the offense,
and giving as near as may be the time when and the place where the
same was committed), you are commanded to receive him into your
custody and detain him until he is legally discharged.
Dated this ____ day of ____ nineteen ____.



877a. When the commitment is made under the provisions of section
859a of this code, it must be made to the following effect:

County of ____ (as the case may be).
The people of the State of California to the sheriff of the county
of ____.
A.B. having pleaded guilty to the offense of (stating briefly the
nature of the offense, and giving as near as may be the time when and
the place where the same was committed), you are commanded to
receive him into your custody and detain him until he is legally
discharged.
Dated this ____ day of ____ nineteen ____.




878. On holding the defendant to answer or on a plea of guilty
where permitted by law, the magistrate may take from each of the
material witnesses examined before him on the part of the people a
written undertaking, to the effect that he will appear and testify at
the court to which the depositions and statements or case are to be
sent, or that he will forfeit the sum of five hundred dollars.



879. When the magistrate or a Judge of the Court in which the
action is pending is satisfied, by proof on oath, that there is
reason to believe that any such witness will not appear and testify
unless security is required, he may order the witness to enter into a
written undertaking, with sureties, in such sum as he may deem
proper, for his appearance as specified in the preceding section.



880. Infants who are material witnesses against the defendant may
be required to procure sureties for their appearance, as provided in
the last section.


881. (a) If a witness, required to enter into an undertaking to
appear and testify, either with or without sureties, refuses
compliance with the order for that purpose, the magistrate shall
commit him or her to prison until he or she complies or is legally
discharged.
(b) If a witness fails to appear at the preliminary hearing in
response to a subpoena, the court may hear evidence, including
testimony or an affidavit from the arresting or interviewing officer,
and if the court determines on the basis of the evidence that the
witness is a material witness, the court shall issue a bench warrant
for the arrest of the witness, and upon the appearance of the
witness, may commit him or her into custody until the conclusion of
the preliminary hearing, or until the defendant enters a plea of nolo
contendere, or the witness is otherwise legally discharged.
The court may order the witness to enter into a written
undertaking to the effect that he or she will appear and testify at
the time and place ordered by the court or that he or she will
forfeit an amount that the court deems proper.
(c) Once the material witness has been taken into custody on the
bench warrant he or she shall be brought before the magistrate
issuing the warrant, if available, within two court days for a
hearing to determine if the witness should be released on security of
appearance or maintained in custody.
(d) A material witness shall remain in custody under this section
for no longer than 10 days.
(e) If a material witness is being held in custody under this
section the prosecution is entitled to have the preliminary hearing
proceed, as to this witness only, within 10 days of the arraignment
of the defendant. Once this material witness has completed his or
her testimony the defendant shall be entitled to a reasonable
continuance.



882. When, however, it satisfactorily appears by examination, on
oath of the witness, or any other person, that the witness is unable
to procure sureties, he or she may be forthwith conditionally
examined on behalf of the people. The examination shall be by
question and answer, in the presence of the defendant, or after
notice to him or her, if on bail, and conducted in the same manner as
the examination before a committing magistrate is required by this
code to be conducted, and the witness thereupon discharged; and the
deposition may be used upon the trial of the defendant, except in
cases of homicide, under the same conditions as mentioned in Section
1345; but this section does not apply to an accomplice in the
commission of the offense charged.



883. When a magistrate has discharged a defendant, or has held him
to answer, he must return, without delay, to the Clerk of the Court
at which the defendant is required to appear, the warrant, if any,
the depositions, and all undertakings of bail, or for the appearance
of witnesses taken by him.

[هيثم الفقى]

GENERAL PROVISIONS


888. A grand jury is a body of the required number of persons
returned from the citizens of the county before a court of competent
jurisdiction, and sworn to inquire of public offenses committed or
triable within the county.
Each grand jury or, if more than one has been duly impaneled
pursuant to Sections 904.5 to 904.9, inclusive, one grand jury in
each county, shall be charged and sworn to investigate or inquire
into county matters of civil concern, such as the needs of county
officers, including the abolition or creation of offices for, the
purchase, lease, or sale of equipment for, or changes in the method
or system of, performing the duties of the agencies subject to
investigation pursuant to Section 914.1.



888.2. As used in this title as applied to a grand jury, "required
number" means:
(a) Twenty-three in a county having a population exceeding
4,000,000.
(b) Eleven in a county having a population of 20,000 or less, upon
the approval of the board of supervisors.
(c) Nineteen in all other counties.


889. An indictment is an accusation in writing, presented by the
grand jury to a competent court, charging a person with a public
offense.


890. Unless a higher fee or rate of mileage is otherwise provided
by statute or county or city and county ordinance, the fees for grand
jurors are fifteen dollars ($15) a day for each day's attendance as
a grand juror, and the mileage reimbursement applicable to county
employees for each mile actually traveled in attending court as a
grand juror.



890.1. The per diem and mileage of grand jurors where allowed by
law shall be paid by the treasurer of the county out of the general
fund of the county upon warrants drawn by the county auditor upon the
written order of the judge of the superior court of the county.



891. Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the grand jury,
records, or attempts to record, all or part of the proceedings of any
grand jury while it is deliberating or voting, or listens to or
observes, or attempts to listen to or observe, the proceedings of any
grand jury of which he is not a member while such jury is
deliberating or voting is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a
grand juror in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.



892. The grand jury may proceed against a corporation.

[هيثم الفقى]

Qualifications of Grand Jurors
893. (a) A person is competent to act as a grand juror only if he
possesses each of the following qualifications:
(1) He is a citizen of the United States of the age of 18 years or
older who shall have been a resident of the state and of the county
or city and county for one year immediately before being selected and
returned.
(2) He is in possession of his natural faculties, of ordinary
intelligence, of sound judgment, and of fair character.
(3) He is possessed of sufficient knowledge of the English
language.
(b) A person is not competent to act as a grand juror if any of
the following apply:
(1) The person is serving as a trial juror in any court of this
state.
(2) The person has been discharged as a grand juror in any court
of this state within one year.
(3) The person has been convicted of malfeasance in office or any
felony or other high crime.
(4) The person is serving as an elected public officer.



894. Sections 204, 218, and 219 of the Code of Civil Procedure
specify the exemptions and the excuses which relieve a person from
liability to serve as a grand juror.

[هيثم الفقى]

895. During the month preceding the beginning of the fiscal year of
the county, the superior court of each county shall make an order
designating the estimated number of grand jurors that will, in the
opinion of the court, be required for the transaction of the business
of the court during the ensuing fiscal year as provided in Section
905.5.



896. (a) Immediately after an order is made pursuant to Section
895, the court shall select the grand jurors required by personal
interview for the purpose of ascertaining whether they possess the
qualifications prescribed by subdivision (a) of Section 893. If a
person so interviewed, in the opinion of the court, possesses the
necessary qualifications, in order to be listed the person shall sign
a statement declaring that the person will be available for jury
service for the number of hours usually required of a member of the
grand jury in that county.
(b) The selections shall be made of men and women who are not
exempt from serving and who are suitable and competent to serve as
grand jurors pursuant to Sections 893, 898, and 899. The court shall
list the persons so selected and required by the order to serve as
grand jurors during the ensuing fiscal year of the county, or until a
new list of grand jurors is provided, and shall at once place this
list in the possession of the jury commissioner.



898. The list of grand jurors made in a county having a population
in excess of four million shall contain the number of persons which
has been designated by the court in its order.



899. The names for the grand jury list shall be selected from the
different wards, judicial districts, or supervisorial districts of
the respective counties in proportion to the number of inhabitants
therein, as nearly as the same can be estimated by the persons making
the lists. The grand jury list shall be kept separate and distinct
from the trial jury list. In a county of the first class, the names
for such list may be selected from the county at large.



900. On receiving the list of persons selected by the court, the
jury commissioner shall file it in the jury commissioner's office and
have the list, which shall include the name of the judge who
selected each person on the list, published one time in a newspaper
of general circulation, as defined in Section 6000 of the Government
Code, in the county. The jury commissioner shall then do either of
the following:
(a) Write down the names on the list onto separate pieces of paper
of the same size and appearance, fold each piece so as to conceal
the name, and deposit the pieces in a box to be called the "grand
jury box."
(b) Assign a number to each name on the list and place, in a box
to be called the "grand jury box," markers of the same size, shape,
and color, each containing a number which corresponds with a number
on the list.


901. (a) The persons whose names are so returned shall be known as
regular jurors, and shall serve for one year and until other persons
are selected and returned.
(b) If the superior court so decides, the presiding judge may name
up to 10 regular jurors not previously so named, who served on the
previous grand jury and who so consent, to serve for a second year.
(c) The court may also decide to select grand jurors pursuant to
Section 908.2.


902. The names of persons drawn for grand jurors shall be drawn
from the grand jury box by withdrawing either the pieces of paper
placed therein pursuant to subdivision (a) of Section 900 or the
markers placed therein pursuant to subdivision (b) of Section 900.
If, at the end of the fiscal year of the county, there are the names
of persons in the grand jury box who have not been drawn during the
fiscal year to serve and have not served as grand jurors, the names
of such persons may be placed on the list of grand jurors drawn for
the succeeding fiscal year.

[هيثم الفقى]

903.1. Pursuant to written rules or instructions adopted by a
majority of the judges of the superior court of the county, the jury
commissioner shall furnish the judges of the court annually a list of
persons qualified to serve as grand jurors during the ensuing fiscal
year of the county, or until a new list of jurors is required. From
time to time, a majority of the judges of the superior court may
adopt such rules or instructions as may be necessary for the guidance
of the jury commissioner, who shall at all times be under the
supervision and control of the judges of the court. Any list of
jurors prepared pursuant to this article must, however, meet the
requirements of Section 899.



903.2. The jury commissioner shall diligently inquire and inform
himself in respect to the qualifications of persons resident in his
county who may be liable to be summoned for grand jury duty. He may
require any person to answer, under oath to be administered by him,
all such questions as he may address to such person, touching his
name, age, residence, occupation, and qualifications as a grand
juror, and also all questions as to similar matters concerning other
persons of whose qualifications for grand jury duty he has knowledge.

The commissioner and his assistants, referred to in Sections 69895
and 69896 of the Government Code, shall have power to administer
oaths and shall be allowed actual traveling expenses incurred in the
performance of their duties. Such traveling expenses shall be
audited, allowed, and paid out of the general fund of the county.



903.3. Pursuant to the rules or instructions adopted by a majority
of the judges of the superior court, the jury commissioner shall
return to the judges the list of persons recommended by him for grand
jury duty. The judges of the superior court shall examine the jury
list so returned and from such list a majority of the judges may
select, to serve as grand jurors in the superior court of the county
during the ensuing year or until a new list of jurors is required,
such persons as, in their opinion, should be selected for grand jury
duty. The persons so selected shall, in the opinion of the judges
selecting them, be persons suitable and competent to serve as jurors,
as required by law.


903.4. The judges are not required to select any names from the
list returned by the jury commissioner, but may, if in their
judgement the due administration of justice requires, make all or any
selections from among the body of persons in the county suitable and
competent to serve as grand jurors regardless of the list returned
by the jury commissioner.

[هيثم الفقى]

904. Every superior court, whenever in its opinion the public
interest so requires, shall make and file with the jury commissioner
an order directing a grand jury to be drawn. The order shall
designate the number of grand jurors to be drawn, which may not be
less than 29 nor more than 40 in counties having a population
exceeding four million and not less than 25 nor more than 30 in other
counties.



904.4. (a) In any county having a population of more than 370,000
but less than 400,000 as established by Section 28020 of the
Government Code, the presiding judge of the superior court, upon
application by the district attorney, may order and direct the
drawing and impanelment at any time of one additional grand jury.
(b) The presiding judge may select persons, at random, from the
list of trial jurors in civil and criminal cases and shall examine
them to determine if they are competent to serve as grand jurors.
When a sufficient number of competent persons have been selected,
they shall constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant to this
section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge. In no event shall more than
one additional grand jury be impaneled pursuant to this section at
the same time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters that are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters that the regular grand
jury is inquiring into at the time of its impanelment.
(e) If an additional grand jury is also authorized by another
section, the county may impanel the additional grand jury authorized
by this section, or by the other section, but not both.



904.6.
(a) In any county or city and county, the presiding judge of the
superior court, or the judge appointed by the presiding judge to
supervise the grand jury, may, upon the request of the Attorney
General or the district attorney or upon his or her own motion, order
and direct the impanelment, of one additional grand jury pursuant to
this section.
(b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute the additional grand jury.
(c) Any additional grand jury which is impaneled pursuant to this
section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge or the judge appointed by the
presiding judge to supervise the grand jury. In no event shall more
than one additional grand jury be impaneled pursuant to this section
at the same time.
(d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters which are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters which the regular
grand jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that all persons qualified
for jury service shall have an equal opportunity to be considered
for service as criminal grand jurors in the county in which they
reside, and that they have an obligation to serve, when summoned for
that purpose. All persons selected for the additional criminal grand
jury shall be selected at random from a source or sources reasonably
representative of a cross section of the population which is eligible
for jury service in the county.



904.8. (a) Notwithstanding subdivision (a) of Section 904.6 or any
other provision, in the County of Los Angeles, the presiding judge of
the superior court, or the judge appointed by the presiding judge to
supervise the grand jury, may, upon the request of the Attorney
General or the district attorney or upon his or her own motion, order
and direct the impanelment of up to two additional grand juries
pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute an additional grand jury.
(c) Any additional grand juries that are impaneled pursuant to
this section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge or the judge appointed by the
presiding judge to supervise the grand jury. In no event shall more
than two additional grand juries be impaneled pursuant to this
section at the same time.
(d) Whenever additional grand juries are impaneled pursuant to
this section, they may inquire into any matters that are subject to
grand jury inquiry and shall have the sole and exclusive jurisdiction
to return indictments, except for any matters that the regular grand
jury is inquiring into at the time of its impanelment.
(e) It is the intent of the Legislature that, in the County of Los
Angeles, all persons qualified for jury service shall have an equal
opportunity to be considered for service as criminal grand jurors
within the county, and that they have an obligation to serve, when
summoned for that purpose. All persons selected for an additional
criminal grand jury shall be selected at random from a source or
sources reasonably representative of a cross section of the
population that is eligible for jury service in the county.



905. In all counties there shall be at least one grand jury drawn
and impaneled in each year.



905.5. (a) Except as otherwise provided in subdivision (b), the
grand jury shall be impaneled and serve during the fiscal year of the
county in the manner provided in this chapter.
(b) The board of supervisors of a county may provide that the
grand jury shall be impaneled and serve during the calendar year.
The board of supervisors shall provide for an appropriate transition
from fiscal year term to calendar year term or from calendar year
term to fiscal year term for the grand jury. The provisions of
subdivisions (a) and (b) of Section 901 shall not be deemed a
limitation on any appropriate transition provisions as determined by
resolution or ordinance; and, except as otherwise provided in this
chapter, no transition grand jury shall serve more than 18 months.



906. The order shall designate the time at which the drawing will
take place. The names of the grand jurors shall be drawn, and the
list of names certified and summoned, as is provided for drawing and
summoning trial jurors. The names of any persons drawn, who are not
impaneled upon the grand jury, may be again placed in the grand jury
box.



907. Any grand juror summoned, who willfully and without reasonable
excuse fails to attend, may be attached and compelled to attend and
the court may also impose a fine not exceeding fifty dollars ($50),
upon which execution may issue. If the grand juror was not
personally served, the fine shall not be imposed until upon an order
to show cause an opportunity has been offered the grand juror to be
heard.



908. If the required number of the persons summoned as grand jurors
are present and not excused, the required number shall constitute
the grand jury. If more than the required number of persons are
present, the jury commissioner shall write their names on separate
ballots, which the jury commissioner shall fold so that the names
cannot be seen, place them in a box, and draw out the required number
of them. The persons whose names are on the ballots so drawn shall
constitute the grand jury. If less than the required number of
persons are present, the panel may be filled as provided in Section
211 of the Code of Civil Procedure. If more of the persons summoned
to complete a grand jury attend than are required, the requisite
number shall be obtained by writing the names of those summoned and
not excused on ballots, depositing them in a box, and drawing as
provided above.



908.1. When, after the grand jury consisting of the required number
of persons has been impaneled pursuant to law, the membership is
reduced for any reason, vacancies within an existing grand jury may
be filled, so as to maintain the full membership at the required
number of persons, by the jury commissioner, in the presence of the
court, drawing out sufficient names to fill the vacancies from the
grand jury box, pursuant to law, or from a special venire as provided
in Section 211 of the Code of Civil Procedure. A person selected as
a grand juror to fill a vacancy pursuant to this section may not
vote as a grand juror on any matter upon which evidence has been
taken by the grand jury prior to the time of the person's selection.




908.2. (a) Upon the decision of the superior court pursuant to
Section 901 to adopt this method of selecting grand jurors, when the
required number of persons have been impaneled as the grand jury
pursuant to law, the jury commissioner shall write the names of each
person on separate ballots. The jury commissioner shall fold the
ballots so that the names cannot be seen, place them in a box, and
draw out half of the ballots, or in a county where the number of
grand jurors is uneven, one more than half. The persons whose names
are on the ballots so drawn shall serve for 12 months until July 1
of the following year. The persons whose names are not on the
ballots so drawn shall serve for six months until January 1 of the
following year.
(b) Each subsequent year, on January 2 and July 2, a sufficient
number of grand jurors shall be impaneled to replace those whose
service concluded the previous day. Those persons impaneled on
January 2 shall serve until January 1 of the following year. Those
persons impaneled on July 2 shall serve until July 1 of the following
year. A person may not serve on the grand jury for more than one
year.
(c) The provisions of subdivisions (a) and (b) do not apply to the
selection of grand jurors for an additional grand jury authorized
pursuant to Section 904.6.



909. Before accepting a person drawn as a grand juror, the court
shall be satisfied that such person is duly qualified to act as such
juror. When a person is drawn and found qualified he shall be
accepted unless the court, on the application of the juror and before
he is sworn, excuses him from such service for any of the reasons
prescribed in this title or in Chapter 1 (commencing with Section
190), Title 3, Part 1 of the Code of Civil Procedure.



910. No challenge shall be made or allowed to the panel from which
the grand jury is drawn, nor to an individual grand juror, except
when made by the court for want of qualification, as prescribed in
Section 909.


911. The following oath shall be taken by each member of the grand
jury: "I do solemnly swear (affirm) that I will support the
Constitution of the United States and of the State of California, and
all laws made pursuant to and in conformity therewith, will
diligently inquire into, and true presentment make, of all public
offenses against the people of this state, committed or triable
within this county, of which the grand jury shall have or can obtain
legal evidence. Further, I will not disclose any evidence brought
before the grand jury, nor anything which I or any other grand juror
may say, nor the manner in which I or any other grand juror may have
voted on any matter before the grand jury. I will keep the charge
that will be given to me by the court."



912. From the persons summoned to serve as grand jurors and
appearing, the court shall appoint a foreman. The court shall also
appoint a foreman when the person already appointed is excused or
discharged before the grand jury is dismissed.




913. If a grand jury is not in existence, the Attorney General may
demand the impaneling of a grand jury by those charged with the duty
to do so, and upon such demand by him, it shall be their duty to do
so.

[هيثم الفقى]

914. (a) When the grand jury is impaneled and sworn, it shall be
charged by the court. In doing so, the court shall give the grand
jurors such information as it deems proper, or as is required by law,
as to their duties, and as to any charges for public offenses
returned to the court or likely to come before the grand jury.
(b) To assist a grand jury in the performance of its statutory
duties regarding civil matters, the court, in consultation with the
district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action
on civil matters receives training that addresses, at a minimum,
report writing, interviews, and the scope of the grand jury's
responsibility and statutory authority.
(c) Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.




914.1. When a grand jury is impaneled, for purposes which include
the investigation of, or inquiry into, county matters of civil
concern, the judge of the superior court of the county, in addition
to other matters requiring action, shall call its attention to the
provisions of Chapter 1 (commencing with Section 23000) of Division 1
of Title 3, and Sections 24054 and 26525 of the Government Code, and
instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the
result of such investigation in its report. At such time the judge
shall also inform and charge the grand jury especially as to its
powers, duties, and responsibilities under Article 1 (commencing with
Section 888) of Chapter 2, and Article 2 (commencing with Section
925), Article 3 (commencing with Section 934) of this chapter,
Article 3 (commencing with Section 3060) of Chapter 7 of Division 4
of Title 1 of the Government Code, and Section 17006 of the Welfare
and Institutions Code.


914.5. The grand jury shall not spend money or incur obligations in
excess of the amount budgeted for its investigative activities
pursuant to this chapter by the county board of supervisors unless
the proposed expenditure is approved in advance by the presiding
judge of the superior court after the board of supervisors has been
advised of the request.



915. When the grand jury has been impaneled, sworn, and charged, it
shall retire to a private room, except when operating under a
finding pursuant to Section 939.1, and inquire into the offenses and
matters of civil concern cognizable by it. On the completion of the
business before the grand jury or expiration of the term of
prescribed service of one or more grand jurors, the court shall
discharge it or the affected individual jurors.



916. Each grand jury shall choose its officers, except the foreman,
and shall determine its rules of proceeding. Adoption of its rules
of procedure and all public actions of the grand jury, whether
concerning criminal or civil matters unless otherwise prescribed in
law, including adoption of final reports, shall be only with the
concurrence of that number of grand jurors necessary to find an
indictment pursuant to Section 940. Rules of procedure shall include
guidelines for that grand jury to ensure that all findings included
in its final reports are supported by documented evidence, including
reports of contract auditors or consultants, official records, or
interviews attended by no fewer than two grand jurors and that all
problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.



916.1. If the foreman of a grand jury is absent from any meeting or
if he is disqualified to act, the grand jury may select a member of
that body to act as foreman pro tempore, who shall perform the
duties, and have all the powers, of the regularly appointed foreman
in his absence or disqualification.



917. The grand jury may inquire into all public offenses committed
or triable within the county and present them to the court by
indictment.


918. If a member of a grand jury knows, or has reason to believe,
that a public offense, triable within the county, has been committed,
he may declare it to his fellow jurors, who may thereupon
investigate it.


919. (a) The grand jury may inquire into the case of every person
imprisoned in the jail of the county on a criminal charge and not
indicted.
(b) The grand jury shall inquire into the condition and management
of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt
misconduct in office of public officers of every description within
the county.



920. The grand jury may investigate and inquire into all sales and
transfers of land, and into the ownership of land, which, under the
state laws, might or should escheat to the State of California. For
this purpose, the grand jury may summon witnesses before it and
examine them and the records. The grand jury shall direct that
proper escheat proceedings be commenced when, in the opinion of the
grand jury, the evidence justifies such proceedings.



921. The grand jury is entitled to free access, at all reasonable
times, to the public prisons, and to the examination, without charge,
of all public records within the county.



922. The powers and duties of the grand jury in connection with
proceedings for the removal of district, county, or city officers are
prescribed in Article 3 (commencing with Section 3060), Chapter 7,
Division 4, Title 1, of the Government Code.



923. (a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, direct the grand jury to convene for the
investigation and consideration of those matters of a criminal nature
that he or she desires to submit to it. He or she may take full
charge of the presentation of the matters to the grand jury, issue
subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
(b) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the
activities subject to fine, imprisonment, or asset forfeiture under
Section 14107 of the Welfare and Institutions Code. He or she may
take full charge of the presentation of the matters to the grand
jury, issue subpoenas, prepare indictments, and do all other things
incident thereto to the same extent as the district attorney may do.
If the evidence presented to the grand jury shows the commission of
an offense or offenses for which jurisdiction would be in a county
other than the county where the grand jury is impaneled, the Attorney
General, with or without the concurrence of the district attorney in
the county with jurisdiction over the offense or offenses, may
petition the court to impanel a special grand jury in that county.
Notwithstanding any other provision of law, upon request of the
Attorney General, a grand jury convened by the Attorney General
pursuant to this subdivision may submit confidential information
obtained by that grand jury, including, but not limited to documents
and testimony, to a second grand jury that has been impaneled at the
request of the Attorney General pursuant to this subdivision in any
other county where venue for an offense or offenses shown by evidence
presented to the first grand jury is proper. All confidentiality
provisions governing information, testimony, and evidence presented
to a grand jury shall be applicable except as expressly permitted by
this subdivision. The Attorney General shall inform the grand jury
that transmits confidential information and the grand jury that
receives confidential information of any exculpatory evidence, as
required by Section 939.71. The grand jury that transmits
information to another grand jury shall include the exculpatory
evidence disclosed by the Attorney General in the transmission of the
confidential information. The Attorney General shall inform both
the grand jury transmitting the confidential information and the
grand jury receiving that information of their duties under Section
939.7. A special grand jury convened pursuant to this subdivision
shall be in addition to the other grand juries authorized by this
chapter or Chapter 2 (commencing with Section 893).
(c) Upon certification by the Attorney General, a statement of the
costs directly related to the impanelment and activities of the
grand jury pursuant to subdivision (b) from the presiding judge of
the superior court where the grand jury was impaneled shall be
submitted for state reimbursement of the costs to the county.



924. Every grand juror who willfully discloses the fact of an
information or indictment having been made for a felony, until the
defendant has been arrested, is guilty of a misdemeanor.



924.1. (a) Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury, or
anything which he himself or any other member of the grand jury has
said, or in what manner he or she or any other grand juror has voted
on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist a
member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before
the grand jury, or anything which he or she or any member of the
grand jury has said, or in what manner any grand juror has voted on a
matter before them, is guilty of a misdemeanor.



924.2. Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on a matter before them. Any court may require
a grand juror to disclose the testimony of a witness examined before
the grand jury, for the purpose of ascertaining whether it is
consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person,
upon a charge against such person for perjury in giving his testimony
or upon trial therefor.


924.3. A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the jury, except for a perjury of which he may
have been guilty in making an accusation or giving testimony to his
fellow jurors.



924.4. Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the superior court, may pass on and provide the
succeeding grand jury with any records, information, or evidence
acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or
evidence that relates to a criminal investigation or that could form
part or all of the basis for issuance of an indictment. Transcripts
of testimony reported during any session of the grand jury shall be
made available to the succeeding grand jury upon its request.



924.6. If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the testimony of a witness before the grand jury to
a defendant and the prosecutor in connection with any pending or
subsequent criminal prodeeding before any court if the court finds
following an in camera hearing, which shall include the court's
review of the grand jury's testimony, that the testimony is relevant,
and appears to be admissible.

[هيثم الفقى]

General Provisions

914. (a) When the grand jury is impaneled and sworn, it shall be
charged by the court. In doing so, the court shall give the grand
jurors such information as it deems proper, or as is required by law,
as to their duties, and as to any charges for public offenses
returned to the court or likely to come before the grand jury.
(b) To assist a grand jury in the performance of its statutory
duties regarding civil matters, the court, in consultation with the
district attorney, the county counsel, and at least one former grand
juror, shall ensure that a grand jury that considers or takes action
on civil matters receives training that addresses, at a minimum,
report writing, interviews, and the scope of the grand jury's
responsibility and statutory authority.
(c) Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.




914.1. When a grand jury is impaneled, for purposes which include
the investigation of, or inquiry into, county matters of civil
concern, the judge of the superior court of the county, in addition
to other matters requiring action, shall call its attention to the
provisions of Chapter 1 (commencing with Section 23000) of Division 1
of Title 3, and Sections 24054 and 26525 of the Government Code, and
instruct it to ascertain by a careful and diligent investigation
whether such provisions have been complied with, and to note the
result of such investigation in its report. At such time the judge
shall also inform and charge the grand jury especially as to its
powers, duties, and responsibilities under Article 1 (commencing with
Section 888) of Chapter 2, and Article 2 (commencing with Section
925), Article 3 (commencing with Section 934) of this chapter,
Article 3 (commencing with Section 3060) of Chapter 7 of Division 4
of Title 1 of the Government Code, and Section 17006 of the Welfare
and Institutions Code.


914.5. The grand jury shall not spend money or incur obligations in
excess of the amount budgeted for its investigative activities
pursuant to this chapter by the county board of supervisors unless
the proposed expenditure is approved in advance by the presiding
judge of the superior court after the board of supervisors has been
advised of the request.



915. When the grand jury has been impaneled, sworn, and charged, it
shall retire to a private room, except when operating under a
finding pursuant to Section 939.1, and inquire into the offenses and
matters of civil concern cognizable by it. On the completion of the
business before the grand jury or expiration of the term of
prescribed service of one or more grand jurors, the court shall
discharge it or the affected individual jurors.



916. Each grand jury shall choose its officers, except the foreman,
and shall determine its rules of proceeding. Adoption of its rules
of procedure and all public actions of the grand jury, whether
concerning criminal or civil matters unless otherwise prescribed in
law, including adoption of final reports, shall be only with the
concurrence of that number of grand jurors necessary to find an
indictment pursuant to Section 940. Rules of procedure shall include
guidelines for that grand jury to ensure that all findings included
in its final reports are supported by documented evidence, including
reports of contract auditors or consultants, official records, or
interviews attended by no fewer than two grand jurors and that all
problems identified in a final report are accompanied by suggested
means for their resolution, including financial, when applicable.



916.1. If the foreman of a grand jury is absent from any meeting or
if he is disqualified to act, the grand jury may select a member of
that body to act as foreman pro tempore, who shall perform the
duties, and have all the powers, of the regularly appointed foreman
in his absence or disqualification.



917. The grand jury may inquire into all public offenses committed
or triable within the county and present them to the court by
indictment.


918. If a member of a grand jury knows, or has reason to believe,
that a public offense, triable within the county, has been committed,
he may declare it to his fellow jurors, who may thereupon
investigate it.


919. (a) The grand jury may inquire into the case of every person
imprisoned in the jail of the county on a criminal charge and not
indicted.
(b) The grand jury shall inquire into the condition and management
of the public prisons within the county.
(c) The grand jury shall inquire into the willful or corrupt
misconduct in office of public officers of every description within
the county.



920. The grand jury may investigate and inquire into all sales and
transfers of land, and into the ownership of land, which, under the
state laws, might or should escheat to the State of California. For
this purpose, the grand jury may summon witnesses before it and
examine them and the records. The grand jury shall direct that
proper escheat proceedings be commenced when, in the opinion of the
grand jury, the evidence justifies such proceedings.



921. The grand jury is entitled to free access, at all reasonable
times, to the public prisons, and to the examination, without charge,
of all public records within the county.



922. The powers and duties of the grand jury in connection with
proceedings for the removal of district, county, or city officers are
prescribed in Article 3 (commencing with Section 3060), Chapter 7,
Division 4, Title 1, of the Government Code.



923. (a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, direct the grand jury to convene for the
investigation and consideration of those matters of a criminal nature
that he or she desires to submit to it. He or she may take full
charge of the presentation of the matters to the grand jury, issue
subpoenas, prepare indictments, and do all other things incident
thereto to the same extent as the district attorney may do.
(b) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district attorney, petition the court to impanel a special grand
jury to investigate, consider, or issue indictments for any of the
activities subject to fine, imprisonment, or asset forfeiture under
Section 14107 of the Welfare and Institutions Code. He or she may
take full charge of the presentation of the matters to the grand
jury, issue subpoenas, prepare indictments, and do all other things
incident thereto to the same extent as the district attorney may do.
If the evidence presented to the grand jury shows the commission of
an offense or offenses for which jurisdiction would be in a county
other than the county where the grand jury is impaneled, the Attorney
General, with or without the concurrence of the district attorney in
the county with jurisdiction over the offense or offenses, may
petition the court to impanel a special grand jury in that county.
Notwithstanding any other provision of law, upon request of the
Attorney General, a grand jury convened by the Attorney General
pursuant to this subdivision may submit confidential information
obtained by that grand jury, including, but not limited to documents
and testimony, to a second grand jury that has been impaneled at the
request of the Attorney General pursuant to this subdivision in any
other county where venue for an offense or offenses shown by evidence
presented to the first grand jury is proper. All confidentiality
provisions governing information, testimony, and evidence presented
to a grand jury shall be applicable except as expressly permitted by
this subdivision. The Attorney General shall inform the grand jury
that transmits confidential information and the grand jury that
receives confidential information of any exculpatory evidence, as
required by Section 939.71. The grand jury that transmits
information to another grand jury shall include the exculpatory
evidence disclosed by the Attorney General in the transmission of the
confidential information. The Attorney General shall inform both
the grand jury transmitting the confidential information and the
grand jury receiving that information of their duties under Section
939.7. A special grand jury convened pursuant to this subdivision
shall be in addition to the other grand juries authorized by this
chapter or Chapter 2 (commencing with Section 893).
(c) Upon certification by the Attorney General, a statement of the
costs directly related to the impanelment and activities of the
grand jury pursuant to subdivision (b) from the presiding judge of
the superior court where the grand jury was impaneled shall be
submitted for state reimbursement of the costs to the county.



924. Every grand juror who willfully discloses the fact of an
information or indictment having been made for a felony, until the
defendant has been arrested, is guilty of a misdemeanor.



924.1. (a) Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury, or
anything which he himself or any other member of the grand jury has
said, or in what manner he or she or any other grand juror has voted
on a matter before them, is guilty of a misdemeanor.
(b) Every interpreter for the disabled appointed to assist a
member of the grand jury pursuant to Section 939.11 who, except when
required by a court, willfully discloses any evidence adduced before
the grand jury, or anything which he or she or any member of the
grand jury has said, or in what manner any grand juror has voted on a
matter before them, is guilty of a misdemeanor.



924.2. Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on a matter before them. Any court may require
a grand juror to disclose the testimony of a witness examined before
the grand jury, for the purpose of ascertaining whether it is
consistent with that given by the witness before the court, or to
disclose the testimony given before the grand jury by any person,
upon a charge against such person for perjury in giving his testimony
or upon trial therefor.


924.3. A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the jury, except for a perjury of which he may
have been guilty in making an accusation or giving testimony to his
fellow jurors.



924.4. Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the superior court, may pass on and provide the
succeeding grand jury with any records, information, or evidence
acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or
evidence that relates to a criminal investigation or that could form
part or all of the basis for issuance of an indictment. Transcripts
of testimony reported during any session of the grand jury shall be
made available to the succeeding grand jury upon its request.



924.6. If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the testimony of a witness before the grand jury to
a defendant and the prosecutor in connection with any pending or
subsequent criminal prodeeding before any court if the court finds
following an in camera hearing, which shall include the court's
review of the grand jury's testimony, that the testimony is relevant,
and appears to be admissible.

[هيثم الفقى]

925. The grand jury shall investigate and report on the operations,
accounts, and records of the officers, departments, or functions of
the county including those operations, accounts, and records of any
special legislative district or other district in the county created
pursuant to state law for which the officers of the county are
serving in their ex officio capacity as officers of the districts.
The investigations may be conducted on some selective basis each
year, but the grand jury shall not duplicate any examination of
financial statements which has been performed by or for the board of
supervisors pursuant to Section 25250 of the Government Code; this
provision shall not be construed to limit the power of the grand jury
to investigate and report on the operations, accounts, and records
of the officers, departments, or functions of the county. The grand
jury may enter into a joint contract with the board of supervisors to
employ the services of an expert as provided for in Section 926.



925a. The grand jury may at any time examine the books and records
of any incorporated city or joint powers agency located in the
county. In addition to any other investigatory powers granted by
this chapter, the grand jury may investigate and report upon the
operations, accounts, and records of the officers, departments,
functions, and the method or system of performing the duties of any
such city or joint powers agency and make such recommendations as it
may deem proper and fit.
The grand jury may investigate and report upon the needs of all
joint powers agencies in the county, including the abolition or
creation of agencies and the equipment for, or the method or system
of performing the duties of, the several agencies. It shall cause a
copy of any such report to be transmitted to the governing body of
any affected agency.
As used in this section, "joint powers agency" means an agency
described in Section 6506 of the Government Code whose jurisdiction
encompasses all or part of a county.



926. (a) If, in the judgment of the grand jury, the services of one
or more experts are necessary for the purposes of Sections 925,
925a, 928, 933.1, and 933.5 or any of them, the grand jury may employ
one or more experts, at an agreed compensation, to be first approved
by the court. If, in the judgment of the grand jury, the services
of assistants to such experts are required, the grand jury may employ
such assistants, at a compensation to be agreed upon and approved by
the court. Expenditures for the services of experts and assistants
for the purposes of Section 933.5 shall not exceed the sum of thirty
thousand dollars ($30,000) annually, unless such expenditures shall
also be approved by the board of supervisors.
(b) When making an examination of the books, records, accounts,
and documents maintained and processed by the county assessor, the
grand jury, with the consent of the board of supervisors, may employ
expert auditors or appraisers to assist in the examination. Auditors
and appraisers, while performing pursuant to the directive of the
grand jury, shall have access to all records and documents that may
be inspected by the grand jury subject to the same limitations on
public disclosure as apply to the grand jury.
(c) Any contract entered into by a grand jury pursuant to this
section may include services to be performed after the discharge of
the jury, but in no event may a jury contract for services to be
performed later than six months after the end of the fiscal year
during which the jury was impaneled.
(d) Any contract entered into by a grand jury pursuant to this
section shall stipulate that the product of that contract shall be
delivered on or before a time certain to the then-current grand jury
of that county for such use as that jury finds appropriate to its
adopted objectives.



927. A grand jury may, and when requested by the board of
supervisors shall, investigate and report upon the needs for increase
or decrease in salaries of the county-elected officials. A copy of
such report shall be transmitted to the board of supervisors.




928. Every grand jury may investigate and report upon the needs of
all county officers in the county, including the abolition or
creation of offices and the equipment for, or the method or system of
performing the duties of, the several offices. Such investigation
and report shall be conducted selectively each year. The grand jury
shall cause a copy of such report to be transmitted to each member of
the board of supervisors of the county.



929. As to any matter not subject to privilege, with the approval
of the presiding judge of the superior court or the judge appointed
by the presiding judge to supervise the grand jury, a grand jury may
make available to the public part or all of the evidentiary material,
findings, and other information relied upon by, or presented to, a
grand jury for its final report in any civil grand jury investigation
provided that the name of any person, or facts that lead to the
identity of any person who provided information to the grand jury,
shall not be released. Prior to granting approval pursuant to this
section, a judge may require the redaction or masking of any part of
the evidentiary material, findings, or other information to be
released to the public including, but not limited to, the identity of
witnesses and any testimony or materials of a defamatory or libelous
nature.



930. If any grand jury shall, in the report above mentioned,
comment upon any person or official who has not been indicted by such
grand jury such comments shall not be deemed to be privileged.



931. All expenses of the grand jurors incurred under this article
shall be paid by the treasurer of the county out of the general fund
of the county upon warrants drawn by the county auditor upon the
written order of the judge of the superior court of the county.




932. After investigating the books and accounts of the various
officials of the county, as provided in the foregoing sections of
this article, the grand jury may order the district attorney of the
county to institute suit to recover any money that, in the judgment
of the grand jury, may from any cause be due the county. The order
of the grand jury, certified by the foreman of the grand jury and
filed with the clerk of the superior court of the county, shall be
full authority for the district attorney to institute and maintain
any such suit.


933. (a) Each grand jury shall submit to the presiding judge of the
superior court a final report of its findings and recommendations
that pertain to county government matters during the fiscal or
calendar year. Final reports on any appropriate subject may be
submitted to the presiding judge of the superior court at any time
during the term of service of a grand jury. A final report may be
submitted for comment to responsible officers, agencies, or
departments, including the county board of supervisors, when
applicable, upon finding of the presiding judge that the report is in
compliance with this title. For 45 days after the end of the term,
the foreperson and his or her designees shall, upon reasonable
notice, be available to clarify the recommendations of the report.
(b) One copy of each final report, together with the responses
thereto, found to be in compliance with this title shall be placed on
file with the clerk of the court and remain on file in the office of
the clerk. The clerk shall immediately forward a true copy of the
report and the responses to the State Archivist who shall retain that
report and all responses in perpetuity.
(c) No later than 90 days after the grand jury submits a final
report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the findings
and recommendations pertaining to matters under the control of the
governing body, and every elected county officer or agency head for
which the grand jury has responsibility pursuant to Section 914.1
shall comment within 60 days to the presiding judge of the superior
court, with an information copy sent to the board of supervisors, on
the findings and recommendations pertaining to matters under the
control of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or controls.
In any city and county, the mayor shall also comment on the findings
and recommendations. All of these comments and reports shall
forthwith be submitted to the presiding judge of the superior court
who impaneled the grand jury. A copy of all responses to grand jury
reports shall be placed on file with the clerk of the public agency
and the office of the county clerk, or the mayor when applicable, and
shall remain on file in those offices. One copy shall be placed on
file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be
maintained for a minimum of five years.
(d) As used in this section "agency" includes a department.



933.05. (a) For purposes of subdivision (b) of Section 933, as to
each grand jury finding, the responding person or entity shall
indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding,
in which case the response shall specify the portion of the finding
that is disputed and shall include an explanation of the reasons
therefor.
(b) For purposes of subdivision (b) of Section 933, as to each
grand jury recommendation, the responding person or entity shall
report one of the following actions:
(1) The recommendation has been implemented, with a summary
regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be
implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an
explanation and the scope and parameters of an analysis or study, and
a timeframe for the matter to be prepared for discussion by the
officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when
applicable. This timeframe shall not exceed six months from the date
of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not
warranted or is not reasonable, with an explanation therefor.
(c) However, if a finding or recommendation of the grand jury
addresses budgetary or personnel matters of a county agency or
department headed by an elected officer, both the agency or
department head and the board of supervisors shall respond if
requested by the grand jury, but the response of the board of
supervisors shall address only those budgetary or personnel matters
over which it has some decisionmaking authority. The response of the
elected agency or department head shall address all aspects of the
findings or recommendations affecting his or her agency or
department.
(d) A grand jury may request a subject person or entity to come
before the grand jury for the purpose of reading and discussing the
findings of the grand jury report that relates to that person or
entity in order to verify the accuracy of the findings prior to their
release.
(e) During an investigation, the grand jury shall meet with the
subject of that investigation regarding the investigation, unless the
court, either on its own determination or upon request of the
foreperson of the grand jury, determines that such a meeting would be
detrimental.
(f) A grand jury shall provide to the affected agency a copy of
the portion of the grand jury report relating to that person or
entity two working days prior to its public release and after the
approval of the presiding judge. No officer, agency, department, or
governing body of a public agency shall disclose any contents of the
report prior to the public release of the final report.



933.06. (a) Notwithstanding Sections 916 and 940, in a county
having a population of 20,000 or less, a final report may be adopted
and submitted pursuant to Section 933 with the concurrence of at
least 10 grand jurors if all of the following conditions are met:
(1) The grand jury consisting of 19 persons has been impaneled
pursuant to law, and the membership is reduced from 19 to fewer than
12.
(2) The vacancies have not been filled pursuant to Section 908.1
within 30 days from the time that the clerk of the superior court is
given written notice that the vacancy has occurred.
(3) A final report has not been submitted by the grand jury
pursuant to Section 933.
(b) Notwithstanding Section 933, no responsible officers,
agencies, or departments shall be required to comment on a final
report submitted pursuant to this section.



933.1. A grand jury may at any time examine the books and records
of a redevelopment agency, a housing authority, created pursuant to
Division 24 (commencing with Section 33000) of the Health and Safety
Code, or a joint powers agency created pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such agency or authority.



933.5. A grand jury may at any time examine the books and records
of any special-purpose assessing or taxing district located wholly or
partly in the county or the local agency formation commission in the
county, and, in addition to any other investigatory powers granted
by this chapter, may investigate and report upon the method or system
of performing the duties of such district or commission.




933.6. A grand jury may at any time examine the books and records
of any nonprofit corporation established by or operated on behalf of
a public entity the books and records of which it is authorized by
law to examine, and, in addition to any other investigatory powers
granted by this chapter, may investigate and report upon the method
or system of performing the duties of such nonprofit corporation.

[هيثم الفقى]

934. (a) The grand jury may, at all times, request the advice of
the court, or the judge thereof, the district attorney, the county
counsel, or the Attorney General. Unless advice is requested, the
judge of the court, or county counsel as to civil matters, shall not
be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request for advice
from the grand jury. If the Attorney General grants a request for
advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.



935. The district attorney of the county may at all times appear
before the grand jury for the purpose of giving information or advice
relative to any matter cognizable by the grand jury, and may
interrogate witnesses before the grand jury whenever he thinks it
necessary. When a charge against or involving the district attorney,
or assistant district attorney, or deputy district attorney, or
anyone employed by or connected with the office of the district
attorney, is being investigated by the grand jury, such district
attorney, or assistant district attorney, or deputy district
attorney, or all or anyone or more of them, shall not be allowed to
be present before such grand jury when such charge is being
investigated, in an official capacity but only as a witness, and he
shall only be present while a witness and after his appearance as
such witness shall leave the place where the grand jury is holding
its session.


936. When requested so to do by the grand jury of any county, the
Attorney General may employ special counsel and special
investigators, whose duty it shall be to investigate and present the
evidence in such investigation to such grand jury.
The services of such special counsel and special investigators
shall be a county charge of such county.



936.5. (a) When requested to do so by the grand jury of any county,
the presiding judge of the superior court may employ special counsel
and special investigators, whose duty it shall be to investigate and
present the evidence of the investigation to the grand jury.
(b) Prior to the appointment, the presiding judge shall conduct an
evidentiary hearing and find that a conflict exists that would
prevent the local district attorney, the county counsel, and the
Attorney General from performing such investigation. Notice of the
hearing shall be given to each of them unless he or she is a subject
of the investigation. The finding of the presiding judge may be
appealed by the district attorney, the county counsel, or the
Attorney General. The order shall be stayed pending the appeal made
under this section.
(c) The authority to appoint is contingent upon the certification
by the auditor-comptroller of the county, that the grand jury has
funds appropriated to it sufficient to compensate the special counsel
and investigator for services rendered pursuant to the court order.
In the absence of a certification the court has no authority to
appoint. In the event the county board of supervisors or a member
thereof is under investigation, the county has an obligation to
appropriate the necessary funds.



936.7. (a) In a county of the eighth class, as defined by Sections
28020 and 28029 of the Government Code, upon a request by the grand
jury, the presiding judge of the superior court may retain, in the
name of the county, a special counsel to the grand jury. The request
shall be presented to the presiding judge in camera, by an
affidavit, executed by the foreperson of the grand jury, which
specifies the reason for the request and the nature of the services
sought, and which certifies that the appointment of the special
counsel is reasonably necessary to aid the work of the grand jury.
The affidavit shall be confidential and its contents may not be made
public except by order of the presiding judge upon a showing of good
cause. The special counsel shall be selected by the presiding judge
following submission of the name of the nominee to the board of
supervisors for comment.
The special counsel shall be retained under a contract executed by
the presiding judge in the name of the county. The contract shall
contain the following terms:
(1) The types of legal services to be rendered to the grand jury;
provided, (i) that the special counsel's duties shall not include any
legal advisory, investigative, or prosecutorial service which by
statute is vested within the powers of the district attorney, and
(ii) that the special counsel may not perform any investigative or
prosecutorial service whatsoever except upon advance written approval
by the presiding judge which specifies the number of hours of these
services, the hourly rate therefor, and the subject matter of the
inquiry.
(2) The hourly rate of compensation of the special counsel for
legal advisory services delivered, together with a maximum contract
amount payable for all services rendered under the contract during
the term thereof, and all service authorizations issued pursuant
thereto.
(3) That the contract may be canceled in advance of the expiration
of its term by the presiding judge pursuant to service upon the
special counsel of 10 days' advance written notice.
(b) The maximum contract amount shall be determined by the board
of supervisors and included in the grand jury's annual operational
budget. The maximum amount shall be subject to increase by the
presiding judge through contract amendment during the term thereof,
subject to and in compliance with the procedure prescribed by Section
914.5.
(c) The contract shall constitute a public record and shall be
subject to public inspection and copying pursuant to the provisions
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
However, at the sole discretion of the board of supervisors, any or
all of the following steps may be taken:
(1) The nomination by the presiding judge, and any or all actions
by the board of supervisors in commenting upon the nominee and the
comments, may be made confidential.
(2) The deliberations and actions may be undertaken in meetings
from which the public is excluded, and the communication containing
comments may constitute a confidential record which is not subject to
public inspection or copying except at the sole discretion of the
board of supervisors. Moreover, any written authorization by the
presiding judge pursuant to paragraph (1) of subdivision (a) shall
constitute a confidential record which is not subject to public
inspection or copying except in connection with a dispute concerning
compensation for services rendered.



937. The grand jury or district attorney may require by subpoena
the attendance of any person before the grand jury as interpreter.
While his services are necessary, such interpreter may be present at
the examination of witnesses before the grand jury. The compensation
for services of such interpreter constitutes a charge against the
county, and shall be fixed by the grand jury.



938. (a) Whenever criminal causes are being investigated before the
grand jury, it shall appoint a competent stenographic reporter. He
shall be sworn and shall report in shorthand the testimony given in
such causes and shall transcribe the shorthand in all cases where an
indictment is returned or accusation presented.
(b) At the request of the grand jury, the reporter shall also
prepare transcripts of any testimony reported during any session of
the immediately preceding grand jury.



938.1. (a) If an indictment has been found or accusation presented
against a defendant, such stenographic reporter shall certify and
deliver to the clerk of the superior court in the county an original
transcription of the reporter's shorthand notes and a copy thereof
and as many additional copies as there are defendants, other than
fictitious defendants, regardless of the number of charges or
fictitious defendants included in the same investigation. The
reporter shall complete the certification and delivery within 10 days
after the indictment has been found or the accusation presented
unless the court for good cause makes an order extending the time.
The time shall not be extended more than 20 days. The clerk shall
file the original of the transcript, deliver a copy of the transcript
to the district attorney immediately upon receipt thereof and
deliver a copy of such transcript to each such defendant or the
defendant's attorney. If the copy of the testimony is not served as
provided in this section, the court shall on motion of the defendant
continue the trial to such time as may be necessary to secure to the
defendant receipt of a copy of such testimony 10 days before such
trial. If several criminal charges are investigated against a
defendant on one investigation and thereafter separate indictments
are returned or accusations presented upon said several charges, the
delivery to such defendant or the defendant's attorney of one copy of
the transcript of such investigation shall be a compliance with this
section as to all of such indictments or accusations.
(b) The transcript shall not be open to the public until 10 days
after its delivery to the defendant or the defendant's attorney.
Thereafter the transcript shall be open to the public unless the
court orders otherwise on its own motion or on motion of a party
pending a determination as to whether all or part of the transcript
should be sealed. If the court determines that there is a reasonable
likelihood that making all or any part of the transcript public may
prejudice a defendant's right to a fair and impartial trial, that
part of the transcript shall be sealed until the defendant's trial
has been completed.


938.2. (a) For preparing any transcript in any case pursuant to
subdivision (a) of Section 938.1, the stenographic reporter shall
draw no salary or fees from the county for preparing such transcript
in any case until all such transcripts of testimony in such case so
taken by him are written up and delivered. Before making the order
for payment to the reporter, the judge of the superior court shall
require the reporter to show by affidavit or otherwise that he has
written up and delivered all testimony taken by him, in accordance
with subdivision (a) of Section 938 and Section 938.1.
(b) Before making the order for payment to a reporter who has
prepared transcripts pursuant to subdivision (b) of Section 938, the
judge of the superior court shall require the reporter to show by
affidavit or otherwise that he has written up and delivered all
testimony requested of him in accordance with that sudivision.



938.3. The services of the stenographic reporter shall constitute a
charge against the county, and the stenographic reporter shall be
compensated for reporting and transcribing at the same rates as
prescribed in Sections 69947 to 69954, inclusive, of the Government
Code, to be paid out of the county treasury on a warrant of the
county auditor when ordered by the judge of the superior court.



938.4. The superior court shall arrange for a suitable meeting room
and other support as the court determines is necessary for the grand
jury. Any costs incurred by the court as a result of this section
shall be absorbed by the court or the county from existing resources.

[هيثم الفقى]

939. No person other than those specified in Article 3 (commencing
with Section 934), and in Sections 939.1, 939.11, and 939.21, and the
officer having custody of a prisoner witness while the prisoner is
testifying, is permitted to be present during the criminal sessions
of the grand jury except the members and witnesses actually under
examination. Members of the grand jury who have been excused
pursuant to Section 939.5 shall not be present during any part of
these proceedings. No persons other than grand jurors shall be
permitted to be present during the expression of the opinions of the
grand jurors, or the giving of their votes, on any criminal or civil
matter before them.



939.1. The grand jury acting through its foreman and the attorney
general or the district attorney may make a joint written request for
public sessions of the grand jury. The request shall be filed with
the superior court. If the court, or the judge thereof, finds that
the subject matter of the investigation affects the general public
welfare, involving the alleged corruption, misfeasance, or
malfeasance in office or dereliction of duty of public officials or
employees or of any person allegedly acting in conjunction or
conspiracy with such officials or employees in such alleged acts, the
court or judge may make an order directing the grand jury to conduct
its investigation in a session or sessions open to the public. The
order shall state the finding of the court. The grand jury shall
comply with the order.
The conduct of such investigation and the examination of witnesses
shall be by the members of the grand jury and the district attorney.

The deliberation of the grand jury and its voting upon such
investigation shall be in private session. The grand jury may find
indictments based wholly or partially upon the evidence introduced at
such public session.


939.11. Any member of the grand jury who has a hearing, sight, or
speech disability may request an interpreter when his or her services
are necessary to assist the juror to carry out his or her duties.
The request shall be filed with the superior court. If the court, or
the judge thereof, finds that an interpreter is necessary, the court
shall make an order to that effect and may require by subpoena the
attendance of any person before the grand jury as interpreter. If
the services of an interpreter are necessary, the court shall
instruct the grand jury and the interpreter that the interpreter is
not to participate in the jury's deliberations in any manner except
to facilitate communication between the disabled juror and the other
jurors. The court shall place the interpreter under oath not to
disclose any grand jury matters, including the testimony of any
witness, statements of any grand juror, or the vote of any grand
juror, except in the due course of judicial proceedings.



939.2. A subpoena requiring the attendance of a witness before the
grand jury may be signed and issued by the district attorney, his
investigator or, upon request of the grand jury, by any judge of the
superior court, for witnesses in the state, in support of the
prosecution, for those witnesses whose testimony, in his opinion is
material in an investigation before the grand jury, and for such
other witnesses as the grand jury, upon an investigation pending
before them, may direct.



939.21. (a) Any prosecution witness before the grand jury in a
proceeding involving a violation of Section 243.4, 261, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, subdivision (1) of Section 314,
Section 368, 647.6, or former Section 647a, who is a minor or a
dependent person, may, at the discretion of the prosecution, select a
person of his or her own choice to attend the testimony of the
prosecution witness for the purpose of providing support. The person
chosen shall not be a witness in the same proceeding, or a person
described in Section 1070 of the Evidence Code.
(b) The grand jury foreperson shall inform any person permitted to
attend the grand jury proceedings pursuant to this section that
grand jury proceedings are confidential and may not be discussed with
anyone not in attendance at the proceedings. The foreperson also
shall admonish that person not to prompt, sway, or influence the
witness in any way. Nothing in this section shall preclude the
presiding judge from exercising his or her discretion to remove a
person from the grand jury proceeding whom the judge believes is
prompting, swaying, or influencing the witness.



939.3. In any investigation or proceeding before a grand jury for
any felony offense when a person refuses to answer a question or
produce evidence of any other kind on the ground that he may be
incriminated thereby, proceedings may be had under Section 1324.




939.4. The foreman may administer an oath to any witness appearing
before the grand jury.



939.5. Before considering a charge against any person, the foreman
of the grand jury shall state to those present the matter to be
considered and the person to be charged with an offense in connection
therewith. He shall direct any member of the grand jury who has a
state of mind in reference to the case or to either party which will
prevent him from acting impartially and without prejudice to the
substantial rights of the party to retire. Any violation of this
section by the foreman or any member of the grand jury is punishable
by the court as a contempt.



939.6. (a) Subject to subdivision (b), in the investigation of a
charge, the grand jury shall receive no other evidence than what is:

(1) Given by witnesses produced and sworn before the grand jury;
(2) Furnished by writings, material objects, or other things
presented to the senses; or
(3) Contained in a deposition that is admissible under subdivision
3 of Section 686.
(b) Except as provided in subdivision (c), the grand jury shall
not receive any evidence except that which would be admissible over
objection at the trial of a criminal action, but the fact that
evidence that would have been excluded at trial was received by the
grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the
grand jury.
(c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence
of documents, exhibits, records, and other items of physical
evidence, the evidence to support the indictment may be based in
whole or in part upon the sworn testimony of a law enforcement
officer relating the statement of a declarant made out of court and
offered for the truth of the matter asserted. Any law enforcement
officer testifying as to a hearsay statement pursuant to this
subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the
Commission on Peace Officer Standards and Training that includes
training in the investigation and reporting of cases and testifying
at preliminary hearings.



939.7. The grand jury is not required to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it, and
when it has reason to believe that other evidence within its reach
will explain away the charge, it shall order the evidence to be
produced, and for that purpose may require the district attorney to
issue process for the witnesses.



939.71. (a) If the prosecutor is aware of exculpatory evidence, the
prosecutor shall inform the grand jury of its nature and existence.
Once the prosecutor has informed the grand jury of exculpatory
evidence pursuant to this section, the prosecutor shall inform the
grand jury of its duties under Section 939.7. If a failure to comply
with the provisions of this section results in substantial
prejudice, it shall be grounds for dismissal of the portion of the
indictment related to that evidence.
(b) It is the intent of the Legislature by enacting this section
to codify the holding in Johnson v. Superior Court, 15 Cal. 3d 248,
and to affirm the duties of the grand jury pursuant to Section 939.7.



939.8. The grand jury shall find an indictment when all the
evidence before it, taken together, if unexplained or uncontradicted,
would, in its judgment, warrant a conviction by a trial jury.



939.9. A grand jury shall make no report, declaration, or
recommendation on any matter except on the basis of its own
investigation of the matter made by such grand jury. A grand jury
shall not adopt as its own the recommendation of another grand jury
unless the grand jury adopting such recommendation does so after its
own investigation of the matter as to which the recommendation is
made, as required by this section.



939.91. (a) A grand jury which investigates a charge against a
person, and as a result thereof cannot find an indictment against
such person, shall, at the request of such person and upon the
approval of the court which impaneled the grand jury, report or
declare that a charge against such person was investigated and that
the grand jury could not as a result of the evidence presented find
an indictment. The report or declaration shall be issued upon
completion of the investigation of the suspected criminal conduct, or
series of related suspected criminal conduct, and in no event beyond
the end of the grand jury's term.
(b) A grand jury shall, at the request of the person called and
upon the approval of the court which impaneled the grand jury, report
or declare that any person called before the grand jury for a
purpose, other than to investigate a charge against such person, was
called only as a witness to an investigation which did not involve a
charge against such person. The report or declaration shall be
issued upon completion of the investigation of the suspected criminal
conduct, or series of related suspected criminal conduct, and in no
event beyond the end of the grand jury's term.

[هيثم الفقى]

FINDING AND PRESENTMENT OF THE INDICTMENT


940. An indictment cannot be found without concurrence of at least
14 grand jurors in a county in which the required number of members
of the grand jury prescribed by Section 888.2 is 23, at least eight
grand jurors in a county in which the required number of members is
11, and at least 12 grand jurors in all other counties. When so
found it shall be endorsed, "A true bill," and the endorsement shall
be signed by the foreman of the grand jury.



943. When an indictment is found, the names of the witnesses
examined before the Grand Jury, or whose depositions may have been
read before them, must be inserted at the foot of the indictment, or
indorsed thereon, before it is presented to the Court.




944. An indictment, when found by the grand jury, must be presented
by their foreman, in their presence, to the court, and must be filed
with the clerk. No recommendation as to the dollar amount of bail
to be fixed shall be made to any court by any grand jury.



945. When an indictment is found against a defendant not in
custody, the same proceedings must be had as are prescribed in
Sections 979 to 984, inclusive, against a defendant who fails to
appear for arraignment.

[هيثم الفقى]

948. All the forms of pleading in criminal actions, and the rules
by which the sufficiency of pleadings is to be determined, are those
prescribed by this Code.



949. The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case certified to the superior court under Section
859a. The first pleading on the part of the people in a misdemeanor
or infraction case is the complaint except as otherwise provided by
law. The first pleading on the part of the people in a proceeding
pursuant to Section 3060 of the Government Code is an accusation.



950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.




951. An indictment or information may be in substantially the
following form: The people of the State of California against A. B.
In the superior court of the State of California, in and for the
county of ____. The grand jury (or the district attorney) of the
county of ____ hereby accuses A. B. of a felony (or misdemeanor), to
wit: (giving the name of the crime, as murder, burglary, etc.), in
that on or about the ____ day of ____, 19__, in the county of ____,
State of California, he (here insert statement of act or omission, as
for example, "murdered C. D.").



952. In charging an offense, each count shall contain, and shall be
sufficient if it contains in substance, a statement that the accused
has committed some public offense therein specified. Such statement
may be made in ordinary and concise language without any technical
averments or any allegations of matter not essential to be proved.
It may be in the words of the enactment describing the offense or
declaring the matter to be a public offense, or in any words
sufficient to give the accused notice of the offense of which he is
accused. In charging theft it shall be sufficient to allege that the
defendant unlawfully took the labor or property of another.



953. When a defendant is charged by a fictitious or erroneous name,
and in any stage of the proceedings his true name is discovered, it
must be inserted in the subsequent proceedings, referring to the fact
of his being charged by the name mentioned in the accusatory
pleading.



954. An accusatory pleading may charge two or more different
offenses connected together in their commission, or different
statements of the same offense or two or more different offenses of
the same class of crimes or offenses, under separate counts, and if
two or more accusatory pleadings are filed in such cases in the same
court, the court may order them to be consolidated. The prosecution
is not required to elect between the different offenses or counts set
forth in the accusatory pleading, but the defendant may be convicted
of any number of the offenses charged, and each offense of which the
defendant is convicted must be stated in the verdict or the finding
of the court; provided, that the court in which a case is triable, in
the interests of justice and for good cause shown, may in its
discretion order that the different offenses or counts set forth in
the accusatory pleading be tried separately or divided into two or
more groups and each of said groups tried separately. An acquittal
of one or more counts shall not be deemed an acquittal of any other
count.


954.1. In cases in which two or more different offenses of the same
class of crimes or offenses have been charged together in the same
accusatory pleading, or where two or more accusatory pleadings
charging offenses of the same class of crimes or offenses have been
consolidated, evidence concerning one offense or offenses need not be
admissible as to the other offense or offenses before the jointly
charged offenses may be tried together before the same trier of fact.



955. The precise time at which the offense was committed need not
be stated in the accusatory pleading, but it may be alleged to have
been committed at any time before the finding or filing thereof,
except where the time is a material ingredient in the offense.




956. When an offense involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty
in other respects to identify the act, an erroneous allegation as to
the person injured, or intended to be injured, or of the place where
the offense was committed, or of the property involved in its
commission, is not material.



957. The words used in an accusatory pleading are construed in
their usual acceptance in common language, except such words and
phrases as are defined by law, which are construed according to their
legal meaning.


958. Words used in a statute to define a public offense need not be
strictly pursued in the accusatory pleading, but other words
conveying the same meaning may be used.



959. The accusatory pleading is sufficient if it can be understood
therefrom:
1. That it is filed in a court having authority to receive it,
though the name of the court be not stated.
2. If an indictment, that it was found by a grand jury of the
county in which the court was held, or if an information, that it was
subscribed and presented to the court by the district attorney of
the county in which the court was held.
3. If a complaint, that it is made and subscribed by some natural
person and sworn to before some officer entitled to administer oaths.

4. That the defendant is named, or if his name is unknown, that he
is described by a fictitious name, with a statement that his true
name is to the grand jury, district attorney, or complainant, as the
case may be, unknown.
5. That the offense charged therein is triable in the court in
which it is filed, except in case of a complaint filed with a
magistrate for the purposes of a preliminary examination.
6. That the offense was committed at some time prior to the filing
of the accusatory pleading.



959.1. (a) Notwithstanding Sections 740, 806, 949, and 959 or any
other law to the contrary, a criminal prosecution may be commenced by
filing an accusatory pleading in electronic form with the magistrate
or in a court having authority to receive it.
(b) As used in this section, accusatory pleadings include, but are
not limited to, the complaint, the information, and the indictment.

(c) A magistrate or court is authorized to receive and file an
accusatory pleading in electronic form if all of the following
conditions are met:
(1) The accusatory pleading is issued in the name of, and
transmitted by, a public prosecutor or law enforcement agency filing
pursuant to Chapter 5c (commencing with Section 853.5) or Chapter 5d
(commencing with Section 853.9), or by a clerk of the court with
respect to complaints issued for the offenses of failure to appear,
pay a fine, or comply with an order of the court.
(2) The magistrate or court has the facility to electronically
store the accusatory pleading for the statutory period of record
retention.
(3) The magistrate or court has the ability to reproduce the
accusatory pleading in physical form upon demand and payment of any
costs involved.
An accusatory pleading shall be deemed to have been filed when it
has been received by the magistrate or court.
When transmitted in electronic form, the accusatory pleading shall
be exempt from any requirement that it be subscribed by a natural
person. It is sufficient to satisfy any requirement that an
accusatory pleading, or any part of it, be sworn to before an officer
entitled to administer oaths, if the pleading, or any part of it,
was in fact sworn to and the electronic form indicates which parts of
the pleading were sworn to and the name of the officer who
administered the oath.
(d) Notwithstanding any other law, a notice to appear issued on a
form approved by the Judicial Council may be received and filed by a
court in electronic form, if the following conditions are met:
(1) The notice to appear is issued and transmitted by a law
enforcement agency prosecuting pursuant to Chapter 5c (commencing
with Section 853.5) or Chapter 5d (commencing with Section 853.9) of
Title 3 of Part 2 of this code, or Chapter 2 (commencing with Section
40300) of Division 17 of the Vehicle Code.
(2) The court has all of the following:
(A) The ability to receive the notice to appear in electronic
format.
(B) The facility to electronically store an electronic copy and
the data elements of the notice to appear for the statutory period of
record retention.
(C) The ability to reproduce the electronic copy of the notice to
appear and those data elements in printed form upon demand and
payment of any costs involved.
(3) The issuing agency has the ability to reproduce the notice to
appear in physical form upon demand and payment of any costs
involved.
(e) A notice to appear that is received under subdivision (d) is
deemed to have been filed when it has been accepted by the court and
is in the form approved by the Judicial Council.
(f) If transmitted in electronic form, the notice to appear is
deemed to have been signed by the defendant if it includes a
digitized facsimile of the defendant's signature on the notice to
appear. A notice to appear filed electronically under subdivision (d)
need not be subscribed by the citing officer. An electronically
submitted notice to appear need not be verified by the citing officer
with a declaration under penalty of perjury if the electronic form
indicates which parts of the notice are verified by that declaration
and the name of the officer making the declaration.



960. No accusatory pleading is insufficient, nor can the trial,
judgment, or other proceeding thereon be affected by reason of any
defect or imperfection in matter of form which does not prejudice a
substantial right of the defendant upon the merits.




961. Neither presumptions of law, nor matters of which judicial
notice is authorized or required to be taken, need be stated in an
accusatory pleading.


962. In pleading a judgment or other determination of, or
proceeding before, a Court or officer of special jurisdiction, it is
not necessary to state the facts constituting jurisdiction; but the
judgment or determination may be stated as given or made, or the
proceedings had. The facts constituting jurisdiction, however, must
be established on the trial.



963. In pleading a private statute, or an ordinance of a county or
a municipal corporation, or a right derived therefrom, it is
sufficient to refer to the statute or ordinance by its title and the
day of its passage, and the court must thereupon take judicial notice
thereof in the same manner that it takes judicial notice of matters
listed in Section 452 of the Evidence Code.



964. (a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide information or other assistance, shall establish a
mutually agreeable procedure to protect confidential personal
information regarding any witness or victim contained in a police
report, arrest report, or investigative report if one of these
reports is submitted to a court by a prosecutor in support of a
criminal complaint, indictment, or information, or by a prosecutor or
law enforcement officer in support of a search warrant or an arrest
warrant.
(b) For purposes of this section, "confidential personal
information" includes, but is not limited to, an address, telephone
number, driver's license or California Identification Card number,
social security number, date of birth, place of employment, employee
identification number, mother's maiden name, demand deposit account
number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the
provisions of Chapter 10 (commencing with Section 1054) of Title 6 of
Part 2.
(2) This section may not be construed to impair or affect
procedures regarding informant disclosure provided by Sections 1040
to 1042, inclusive, of the Evidence Code, or as altering procedures
regarding sealed search warrant affidavits as provided by People v.
Hobbs (1994) 7 Cal.4th 948.
(3) This section shall not be construed to impair or affect a
criminal defense counsel's access to unredacted reports otherwise
authorized by law, or the submission of documents in support of a
civil complaint.
(4) This section applies as an exception to California Rule of
Court 243.1, as provided by paragraph (2) of subdivision (a) of that
rule.


965. When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by the act or
the procurement of the defendant, and the fact of such destruction or
withholding is alleged in the indictment, or information, and
established on the trial, the misdescription of the instrument is
immaterial.



966. In an accusatory pleading for perjury, or subornation of
perjury, it is sufficient to set forth the substance of the
controversy or matter in respect to which the offense was committed,
and in what court and before whom the oath alleged to be false was
taken, and that the court, or the person before whom it was taken,
had authority to administer it, with proper allegations of the
falsity of the matter on which the perjury is assigned; but the
accusatory pleading need not set forth the pleadings, records, or
proceedings with which the oath is connected, nor the commission or
authority of the court or person before whom the perjury was
committed.



967. In an accusatory pleading charging the theft of money, bank
notes, certificates of stock or valuable securities, or a conspiracy
to cheat or defraud a person of any such property, it is sufficient
to allege the theft, or the conspiracy to cheat or defraud, to be of
money, bank notes, certificates of stock or valuable securities
without specifying the coin, number, denomination, or kind thereof.




968. An accusatory pleading charging exhibiting, publishing,
passing, selling, or offering to sell, or having in possession, with
such intent, any lewd or obscene book, pamphlet, picture, print,
card, paper, or writing, need not set forth any portion of the
language used or figures shown upon such book, pamphlet, picture,
print, card, paper, or writing; but it is sufficient to state
generally the fact of the lewdness or obscenity thereof.



969. In charging the fact of a previous conviction of felony, or of
an attempt to commit an offense which, if perpetrated, would have
been a felony, or of theft, it is sufficient to state, "That the
defendant, before the commission of the offense charged herein, was
in (giving the title of the court in which the conviction was had)
convicted of a felony (or attempt, etc., or of theft)." If more than
one previous conviction is charged, the date of the judgment upon
each conviction may be stated, and all known previous convictions,
whether in this State or elsewhere, must be charged.



969a. Whenever it shall be discovered that a pending indictment or
information does not charge all prior felonies of which the defendant
has been convicted either in this State or elsewhere, said
indictment or information may be forthwith amended to charge such
prior conviction or convictions, and if such amendment is made it
shall be made upon order of the court, and no action of the grand
jury (in the case of an indictment) shall be necessary. Defendant
shall promptly be rearraigned on such information or indictment as
amended and be required to plead thereto.



969b. For the purpose of establishing prima facie evidence of the
fact that a person being tried for a crime or public offense under
the laws of this State has been convicted of an act punishable by
imprisonment in a state prison, county jail or city jail of this
State, and has served a term therefor in any penal institution, or
has been convicted of an act in any other state, which would be
punishable as a crime in this State, and has served a term therefor
in any state penitentiary, reformatory, county jail or city jail, or
has been convicted of an act declared to be a crime by any act or law
of the United States, and has served a term therefor in any penal
institution, the records or copies of records of any state
penitentiary, reformatory, county jail, city jail, or federal
penitentiary in which such person has been imprisoned, when such
records or copies thereof have been certified by the official
custodian of such records, may be introduced as such evidence.




969e. In charging the fact of a previous conviction for a violation
of Section 5652 of the Fish and Game Code, or of Section 13001 or
13002 of the Health and Safety Code or of Section 374b or 374d of the
Penal Code or of Section 23111, 23112, or 23113 of the Vehicle Code,
it is sufficient to state, "That the defendant, before the
commission of the offense charged herein, was in (giving the title of
the court in which the conviction was had) convicted of a violation
of (specifying the section violated)."



969f. (a) Whenever a defendant has committed a serious felony as
defined in subdivision (c) of Section 1192.7, the facts that make the
crime constitute a serious felony may be charged in the accusatory
pleading. However, the crime shall not be referred to as a serious
felony nor shall the jury be informed that the crime is defined as a
serious felony. This charge, if made, shall be added to and be a
part of the count or each of the counts of the accusatory pleading
which charged the offense. If the defendant pleads not guilty to the
offense charged in any count which alleges that the defendant
committed a serious felony, the question whether or not the defendant
committed a serious felony as alleged shall be tried by the court or
jury which tries the issue upon the plea of not guilty. If the
defendant pleads guilty of the offense charged, the question whether
or not the defendant committed a serious felony as alleged shall be
separately admitted or denied by the defendant.
(b) In charging an act or acts that bring the defendant within the
operation of paragraph (8) or (23) of subdivision (c) of Section
1192.7, it is sufficient for purposes of subdivision (a) if the
pleading states the following:
"It is further alleged that in the commission and attempted
commission of the foregoing offense, the defendant ____, personally
(inflicted great bodily injury on another person, other than an
accomplice) (used a firearm, to wit: ____,) (used a dangerous and
deadly weapon, to wit: ____,) within the meaning of Sections 667 and
1192.7 of the Penal Code."


969.5. (a) Whenever it shall be discovered that a pending complaint
to which a plea of guilty has been made under Section 859a does not
charge all prior felonies of which the defendant has been convicted
either in this state or elsewhere, the complaint may be forthwith
amended to charge the prior conviction or convictions and the
amendments may and shall be made upon order of the court. The
defendant shall thereupon be arraigned before the court to which the
complaint has been certified and shall be asked whether he or she has
suffered the prior conviction. If the defendant enters a denial,
his or her answer shall be entered in the minutes of the court. The
refusal of the defendant to answer is equivalent to a denial that he
or she has suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether
or not the defendant has suffered the prior conviction shall be
tried by a jury impaneled for that purpose unless a jury is waived,
in which case it may be tried by the court.
(c) Notwithstanding the provisions of subdivision (b), the
question of whether the defendant is the person who has suffered the
prior conviction shall be tried by the court without a jury.



970. When several defendants are named in one accusatory pleading,
any one or more may be convicted or acquitted.



971. The distinction between an accessory before the fact and a
principal, and between principals in the first and second degree is
abrogated; and all persons concerned in the commission of a crime,
who by the operation of other provisions of this code are principals
therein, shall hereafter be prosecuted, tried and punished as
principals and no other facts need be alleged in any accusatory
pleading against any such person than are required in an accusatory
pleading against a principal.



972. An accessory to the commission of a felony may be prosecuted,
tried, and punished, though the principal may be neither prosecuted
nor tried, and though the principal may have been acquitted.



973. If the accusatory pleading in any criminal action has
heretofore been lost or destroyed or shall hereafter be lost or
destroyed, the court must, upon the application of the prosecuting
attorney or of the defendant, order a copy of such pleading to be
filed and substituted for the original, and when filed and
substituted, as provided in this section, the copy shall have the
same force and effect as if it were the original pleading.

[هيثم الفقى]

OF THE ARRAIGNMENT OF THE DEFENDANT

976. (a) When the accusatory pleading is filed, the defendant shall
be arraigned thereon before the court in which it is filed, unless
the action is transferred to some other court for trial. However,
within any county, if the defendant is in custody, upon the approval
of both the presiding judge of the court in which the accusatory
pleading is filed and the presiding judge of the court nearest to the
place in which he or she is held in custody the arraignment may be
before the court nearest to that place of custody.
(b) A defendant arrested in another county shall have the right to
be taken before a magistrate in the arresting county for the purpose
of being admitted to bail, as provided in Section 821 or 822. The
defendant shall be informed of this right.
(c) Prior to being taken from the place where he or she is in
custody to the place where he or she is to be arraigned, the
defendent shall be allowed to make three completed telephone calls,
at no expense to the defendant, in addition to any other telephone
calls which the defendant is entitled to make pursuant to law.



977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs (2) and (3). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused shall be
present for arraignment and sentencing, and at any time during the
proceedings when ordered by the court for the purpose of being
informed of the conditions of a protective order issued pursuant to
Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving
driving under the influence, in an appropriate case, the court may
order a defendant to be present for arraignment, at the time of plea,
or at sentencing. For purposes of this paragraph, a misdemeanor
offense involving driving under the influence shall include a
misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle
Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"Waiver of Defendant's Personal Presence"

"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."

(c) The court may permit the initial court appearance and
arraignment of defendants held in any state, county, or local
facility within the county on felony or misdemeanor charges, except
for those defendants who were indicted by a grand jury, to be
conducted by two-way electronic audiovideo communication between the
defendant and the courtroom in lieu of the physical presence of the
defendant in the courtroom. If the defendant is represented by
counsel, the attorney shall be present with the defendant at the
initial court appearance and arraignment, and may enter a plea during
the arraignment. However, if the defendant is represented by counsel
at an arraignment on an information in a felony case, and if the
defendant does not plead guilty or nolo contendere to any charge, the
attorney shall be present with the defendant or if the attorney is
not present with the defendant, the attorney shall be present in
court during the hearing. The defendant shall have the right to make
his or her plea while physically present in the courtroom if he or
she so requests. If the defendant decides not to exercise the right
to be physically present in the courtroom, he or she shall execute a
written waiver of that right. A judge may order a defendant's
personal appearance in court for the initial court appearance and
arraignment. In a misdemeanor case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom. In a felony case, a judge
may, pursuant to this subdivision, accept a plea of guilty or no
contest from a defendant who is not physically in the courtroom if
the parties stipulate thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.



977.1. The resolution of questions of fact or issues of law by
trial or hearing which can be made without the assistance or
participation of the defendant is not prohibited by the existence of
any pending proceeding to determine whether the defendant is or
remains mentally incompetent or gravely disabled pursuant to the
provisions of either this code or the Welfare and Institutions Code.



977.2. (a) Notwithstanding Section 977 or any other law, in any
case in which the defendant is charged with a misdemeanor or a felony
and is currently incarcerated in the state prison, the Department of
Corrections may arrange for all court appearances in superior court,
except for the preliminary hearing, trial, judgment and sentencing,
and motions to suppress, to be conducted by two-way electronic
audiovideo communication between the defendant and the courtroom in
lieu of the physical presence of the defendant in the courtroom.
Nothing in this section shall be interpreted to eliminate the
authority of the court to issue an order requiring the defendant to
be physically present in the courtroom in those cases where the court
finds circumstances that require the physical presence of the
defendant in the courtroom. For those court appearances that the
department determines to conduct by two-way electronic audiovideo
communication, the department shall arrange for two-way electronic
audiovideo communication between the superior court and any state
prison facility located in the county. The department shall provide
properly maintained equipment and adequately trained staff at the
prison as well as appropriate training for court staff to ensure that
consistently effective two-way communication is provided between the
prison facility and the courtroom for all appearances that the
department determines to conduct by two-way electronic audiovideo
communication.
(b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However, if
the defendant is represented by counsel at an arraignment on an
information or indictment in a felony case, and if the defendant does
not plead guilty or nolo contendere to any charge, the attorney
shall be present with the defendant or if the attorney is not present
with the defendant, the attorney shall be present in court during
the hearing.
(c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
shall establish a confidential telephone and facsimile transmission
line between the court and the institution for communication between
the defendant's counsel in court and the defendant at the
institution. In this case, counsel for the defendant shall not be
required to be physically present at the institution during any court
appearance that is conducted via electronic audiovideo
communication. Nothing in this section shall be construed to prohibit
the physical presence of the defense counsel with the defendant at
the state prison.


978. When his personal appearance is necessary, if he is in
custody, the Court may direct and the officer in whose custody he is
must bring him before it to be arraigned.



978.5. (a) A bench warrant of arrest may be issued whenever a
defendant fails to appear in court as required by law including, but
not limited to, the following situations:
(1) If the defendant is ordered by a judge or magistrate to
personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is
ordered by a judge or magistrate, or other person authorized to
accept bail, to personally appear in court at a specific time and
place.
(3) If the defendant is released from custody on his own
recognizance and promises to personally appear in court at a specific
time and place.
(4) If the defendant is released from custody or arrest upon
citation by a peace officer or other person authorized to issue
citations and the defendant has signed a promise to personally appear
in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the
court or magistrate orders that the defendant personally appear in
court at a specific time and place.
(6) If an information or indictment has been filed in the superior
court and the court has fixed the date and place for the defendant
personally to appear for arraignment.
(b) The bench warrant may be served in any county in the same
manner as a warrant of arrest.



979. If the defendant has been discharged on bail or has deposited
money or other property instead thereof, and does not appear to be
arraigned when his personal presence is necessary, the court, in
addition to the forfeiture of the undertaking of bail or of the money
or other property deposited, may order the issuance of a bench
warrant for his arrest.



980. (a) At any time after the order for a bench warrant is made,
whether the court is sitting or not, the clerk may issue a bench
warrant to one or more counties.
(b) The clerk shall require the appropriate agency to enter each
bench warrant issued on a private surety-bonded felony case into the
national warrant system (National Crime Information Center (NCIC)).
If the appropriate agency fails to enter the bench warrant into the
national warrant system (NCIC), and the court finds that this failure
prevented the surety or bond agent from surrendering the fugitive
into custody, prevented the fugitive from being arrested or taken
into custody, or resulted in the fugitive's subsequent release from
custody, the court having jurisdiction over the bail shall, upon
petition, set aside the forfeiture of the bond and declare all
liability on the bail bond to be exonerated.




981. The bench warrant must be substantially in the following form:

County of ____. The People of the State of California to any
Sheriff, Marshal, or Policeman in this State: An accusatory pleading
having been filed on the ____ day of ____, A.D. ____, in the
Superior Court of the County of ____, charging C.D. with the crime
of ____ (designating it generally); you are, therefore, commanded
forthwith to arrest the above named C.D., and bring him or her before
that Court (or if the accusatory pleading has been sent to another
Court, then before that Court, naming it), to answer said accusatory
pleading, or if the Court is not in session, that you deliver him or
her into the custody of the Sheriff of the County of ____.
Given under my hand, with the seal of said Court affixed, this
____ day of ____, A.D.____.
By order of said Court.


(SEAL.) E. F., Clerk.



982. The defendant, when arrested under a warrant for an offense
not bailable, must be held in custody by the Sheriff of the county in
which the indictment is found or information filed, unless admitted
to bail after an examination upon a writ of habeas corpus; but if the
offense is bailable, there must be added to the body of the bench
warrant a direction to the following effect: "Or, if he requires it,
that you take him before any magistrate in that county, or in the
county in which you arrest him, that he may give bail to answer to
the indictment (or information);" and the Court, upon directing it to
issue, must fix the amount of bail, and an indorsement must be made
thereon and signed by the Clerk, to the following effect: "The
defendant is to be admitted to bail in the sum of ____ dollars."




983. The bench warrant may be served in any county in the same
manner as a warrant of arrest.



984. If the defendant is brought before a magistrate of another
county for the purpose of giving bail, the magistrate must proceed in
respect thereto in the same manner as if the defendant had been
brought before him upon a warrant of arrest, and the same proceedings
must be had thereon.



985. When the information or indictment is for a felony, and the
defendant, before the filing thereof, has given bail for his
appearance to answer the charge, the Court to which the indictment or
information is presented, or in which it is pending, may order the
defendant to be committed to actual custody, unless he gives bail in
an increased amount, to be specified in the order.



986. If the defendant is present when the order is made, he must be
forthwith committed. If he is not present, a bench warrant must be
issued and proceeded upon in the manner provided in this chapter.



987. (a) In a noncapital case, if the defendant appears for
arraignment without counsel, he or she shall be informed by the court
that it is his or her right to have counsel before being arraigned,
and shall be asked if he or she desires the assistance of counsel.
If he or she desires and is unable to employ counsel the court shall
assign counsel to defend him or her.
(b) In a capital case, if the defendant appears for arraignment
without counsel, the court shall inform him or her that he or she
shall be represented by counsel at all stages of the preliminary and
trial proceedings and that the representation is at his or her
expense if he or she is able to employ counsel or at public expense
if he or she is unable to employ counsel, inquire of him or her
whether he or she is able to employ counsel and, if so, whether he or
she desires to employ counsel of his or her choice or to have
counsel assigned, and allow him or her a reasonable time to send for
his or her chosen or assigned counsel. If the defendant is unable to
employ counsel, the court shall assign counsel to defend him or her.
If the defendant is able to employ counsel and either refuses to
employ counsel or appears without counsel after having had a
reasonable time to employ counsel, the court shall assign counsel.
The court shall at the first opportunity inform the defendant's
trial counsel, whether retained by the defendant or court-appointed,
of the additional duties imposed upon trial counsel in any capital
case as set forth in paragraph (1) of subdivision (b) of Section
1240.1.
(c) In order to assist the court in determining whether a
defendant is able to employ counsel in any case, the court may
require a defendant to file a financial statement or other financial
information under penalty of perjury with the court or, in its
discretion, order a defendant to appear before a county officer
designated by the court to make an inquiry into the ability of the
defendant to employ his or her own counsel. If a county officer is
designated, the county officer shall provide to the court a written
recommendation and the reason or reasons in support of the
recommendation. The determination by the court shall be made on the
record. Except as provided in Section 1214, the financial statement
or other financial information obtained from the defendant shall be
confidential and privileged and shall not be admissible in evidence
in any criminal proceeding except the prosecution of an alleged
offense of perjury based upon false material contained in the
financial statement. The financial statement shall be made available
to the prosecution only for purposes of investigation of an alleged
offense of perjury based upon false material contained in the
financial statement at the conclusion of the proceedings for which
the financial statement was required to be submitted. The financial
statement and other financial information obtained from the defendant
shall not be confidential and privileged in a proceeding under
Section 987.8.
(d) In a capital case, the court may appoint an additional
attorney as a cocounsel upon a written request of the first attorney
appointed. The request shall be supported by an affidavit of the
first attorney setting forth in detail the reasons why a second
attorney should be appointed. Any affidavit filed with the court
shall be confidential and privileged. The court shall appoint a
second attorney when it is convinced by the reasons stated in the
affidavit that the appointment is necessary to provide the defendant
with effective representation. If the request is denied, the court
shall state on the record its reasons for denial of the request.
(e) This section shall become operative on January 1, 2000.




987.05. In assigning defense counsel in felony cases, whether it is
the public defender or private counsel, the court shall only assign
counsel who represents, on the record, that he or she will be ready
to proceed with the preliminary hearing or trial, as the case may be,
within the time provisions prescribed in this code for preliminary
hearings and trials, except in those unusual cases where the court
finds that, due to the nature of the case, counsel cannot reasonably
be expected to be ready within the presecribed period if he or she
were to begin preparing the case forthwith and continue to make
diligent and constant efforts to be ready. In the case where the
time of preparation for preliminary hearing or trial is deemed
greater than the statutory time, the court shall set a reasonable
time period for preparation. In making this determination, the court
shall not consider counsel's convenience, counsel's calendar
conflicts, or counsel's other business. The court may allow counsel
a reasonable time to become familiar with the case in order to
determine whether he or she can be ready. In cases where counsel,
after making representations that he or she will be ready for
preliminary examination or trial, and without good cause is not ready
on the date set, the court may relieve counsel from the case and may
impose sanctions upon counsel, including, but not limited to,
finding the assigned counsel in contempt of court, imposing a fine,
or denying any public funds as compensation for counsel's services.
Both the prosecuting attorney and defense counsel shall have a right
to present evidence and argument as to a reasonable length of time
for preparation and on any reasons why counsel could not be prepared
in the set time.


987.1. Counsel at the preliminary examination shall continue to
represent a defendant who has been ordered to stand trial for a
felony until the date set for arraignment on the information unless
relieved by the court upon the substitution of other counsel or for
cause.



987.2. (a) In any case in which a person, including a person who is
a minor, desires but is unable to employ counsel, and in which
counsel is assigned in the superior court to represent the person in
a criminal trial, proceeding, or appeal, the following assigned
counsel shall receive a reasonable sum for compensation and for
necessary expenses, the amount of which shall be determined by the
court, to be paid out of the general fund of the county:
(1) In a county or city and county in which there is no public
defender.
(2) In a county of the first, second, or third class where there
is no contract for criminal defense services between the county and
one or more responsible attorneys.
(3) In a case in which the court finds that, because of a conflict
of interest or other reasons, the public defender has properly
refused.
(4) In a county of the first, second, or third class where
attorneys contracted by the county are unable to represent the person
accused.
(b) The sum provided for in subdivision (a) may be determined by
contract between the court and one or more responsible attorneys
after consultation with the board of supervisors as to the total
amount of compensation and expenses to be paid, which shall be within
the amount of funds allocated by the board of supervisors for the
cost of assigned counsel in those cases.
(c) In counties that utilize an assigned private counsel system as
either the primary method of public defense or as the method of
appointing counsel in cases where the public defender is unavailable,
the county, the courts, or the local county bar association working
with the courts are encouraged to do all of the following:
(1) Establish panels that shall be open to members of the State
Bar of California.
(2) Categorize attorneys for panel placement on the basis of
experience.
(3) Refer cases to panel members on a rotational basis within the
level of experience of each panel, except that a judge may exclude an
individual attorney from appointment to an individual case for good
cause.
(4) Seek to educate those panel members through an approved
training program.
(5) Establish a cost-efficient plan to ensure maximum recovery of
costs pursuant to Section 987.8.
(d) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county and the courts
have contracted with one or more responsible attorneys or with a
panel of attorneys to provide criminal defense services for indigent
defendants, the court shall utilize the services of the
county-contracted attorneys prior to assigning any other private
counsel. Nothing in this subdivision shall be construed to require
the appointment of counsel in any case in which the counsel has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(e) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county has created a
second public defender and contracted with one or more responsible
attorneys or with a panel of attorneys to provide criminal defense
services for indigent defendants, and if the quality of
representation provided by the second public defender is comparable
to the quality of representation provided by the public defender, the
court shall next utilize the services of the second public defender
and then the services of the county-contracted attorneys prior to
assigning any other private counsel. Nothing in this subdivision
shall be construed to require the appointment of counsel in any case
in which the counsel has a conflict of interest. In the interest of
justice, a court may depart from that portion of the procedure
requiring appointment of the second public defender or a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(f) In any case in which counsel is assigned as provided in
subdivision (a), that counsel appointed by the court and any
court-appointed licensed private investigator shall have the same
rights and privileges to information as the public defender and the
public defender investigator. It is the intent of the Legislature in
enacting this subdivision to equalize any disparity that exists
between the ability of private, court-appointed counsel and
investigators, and public defenders and public defender
investigators, to represent their clients. This subdivision is not
intended to grant to private investigators access to any confidential
Department of Motor Vehicles' information not otherwise available to
them. This subdivision is not intended to extend to private
investigators the right to issue subpoenas.
(g) Notwithstanding any other provision of this section, where an
indigent defendant is first charged in one county and establishes an
attorney-client relationship with the public defender, defense
services contract attorney, or private attorney, and where the
defendant is then charged with an offense in a second or subsequent
county, the court in the second or subsequent county may appoint the
same counsel as was appointed in the first county to represent the
defendant when all of the following conditions are met:
(1) The offense charged in the second or subsequent county would
be joinable for trial with the offense charged in the first if it
took place in the same county, or involves evidence which would be
cross-admissible.
(2) The court finds that the interests of justice and economy will
be best served by unitary representation.
(3) Counsel appointed in the first county consents to the
appointment.
(h) The county may recover costs of public defender services under
Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 for
any case subject to Section 4750.
(i) Counsel shall be appointed to represent, in a misdemeanor
case, a person who desires but is unable to employ counsel, when it
appears that the appointment is necessary to provide an adequate and
effective defense for the defendant. Appointment of counsel in an
infraction case is governed by Section 19.6.
(j) As used in this section, "county of the first, second, or
third class" means the county of the first class, county of the
second class, and county of the third class as provided by Sections
28020, 28022, 28023, and 28024 of the Government Code.



987.3. Whenever in this code a court-appointed attorney is entitled
to reasonable compensation and necessary expenses, the judge of the
court shall consider the following factors, no one of which alone
shall be controlling:
(a) Customary fee in the community for similar services rendered
by privately retained counsel to a nonindigent client.
(b) The time and labor required to be spent by the attorney.
(c) The difficulty of the defense.
(d) The novelty or uncertainty of the law upon which the decision
depended.
(e) The degree of professional ability, skill, and experience
called for and exercised in the performance of the services.
(f) The professional character, qualification, and standing of the
attorney.



987.4. When the public defender or an assigned counsel represents a
person who is a minor in a criminal proceeding, at the expense of a
county, the court may order the parent or guardian of such minor to
reimburse the county for all or any part of such expense, if it
determines that the parent or guardian has the ability to pay such
expense.



987.5. (a) Every defendant shall be assessed a registration fee not
to exceed twenty-five dollars ($25) when represented by appointed
counsel. Notwithstanding this subdivision, no fee shall be required
of any defendant financially unable to pay the fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the defendant shall be asked if he or she is
financially able to pay the registration fee or any portion thereof.
If the defendant indicates that he or she is able to pay the fee or
a portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any defendant who asserts that he or she is unable
to pay the fee or any portion thereof. No other inquiry concerning
the defendant's ability to pay shall be made until proceedings are
held pursuant to Section 987.8.
(c) No defendant shall be denied the assistance of appointed
counsel due solely to a failure to pay the registration fee. An
order to pay the registration fee may be enforced in the manner
provided for enforcement of civil judgments generally, but may not be
enforced by contempt.
(d) The fact that a defendant has or has not been assessed a fee
pursuant to this section shall have no effect in any later
proceedings held pursuant to Section 987.8, except that the defendant
shall be given credit for any amounts paid as a registration fee
toward any lien or assessment imposed pursuant to Section 987.8.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.



987.6. (a) From any state moneys made available to it for such
purpose, the Department of Finance shall, pursuant to this section,
pay to the counties an amount not to exceed 10 percent of the amounts
actually expended by the counties in providing counsel in accordance
with the law whether by public defender, assigned counsel, or both,
for persons charged with violations of state criminal law or
involuntarily detained under the Lanterman-Petris-Short Act, Division
5 (commencing with Section 5000) of the Welfare and Institutions
Code, who desire, but are unable to afford, counsel.
(b) Application for payment shall be made in such manner and at
such times as prescribed by the Department of Finance and the
department may adopt rules necessary or appropriate to carry out the
purposes of this section.



987.8. (a) Upon a finding by the court that a defendant is entitled
to counsel but is unable to employ counsel, the court may hold a
hearing or, in its discretion, order the defendant to appear before a
county officer designated by the court, to determine whether the
defendant owns or has an interest in any real property or other
assets subject to attachment and not otherwise exempt by law. The
court may impose a lien on any real property owned by the defendant,
or in which the defendant has an interest to the extent permitted by
law. The lien shall contain a legal description of the property,
shall be recorded with the county recorder in the county or counties
in which the property is located, and shall have priority over
subsequently recorded liens or encumbrances. The county shall have
the right to enforce its lien for the payment of providing legal
assistance to an indigent defendant in the same manner as other
lienholders by way of attachment, except that a county shall not
enforce its lien on a defendant's principal place of residence
pursuant to a writ of execution. No lien shall be effective as
against a bona fide purchaser without notice of the lien.
(b) In any case in which a defendant is provided legal assistance,
either through the public defender or private counsel appointed by
the court, upon conclusion of the criminal proceedings in the trial
court, or upon the withdrawal of the public defender or appointed
private counsel, the court may, after notice and a hearing, make a
determination of the present ability of the defendant to pay all or a
portion of the cost thereof. The court may, in its discretion, hold
one such additional hearing within six months of the conclusion of
the criminal proceedings. The court may, in its discretion, order
the defendant to appear before a county officer designated by the
court to make an inquiry into the ability of the defendant to pay all
or a portion of the legal assistance provided.
(c) In any case in which the defendant hires counsel replacing a
publicly provided attorney; in which the public defender or appointed
counsel was required by the court to proceed with the case after a
determination by the public defender that the defendant is not
indigent; or, in which the defendant, at the conclusion of the case,
appears to have sufficient assets to repay, without undue hardship,
all or a portion of the cost of the legal assistance provided to him
or her, by monthly installments or otherwise; the court shall make a
determination of the defendant's ability to pay as provided in
subdivision (b), and may, in its discretion, make other orders as
provided in that subdivision.
This subdivision shall be operative in a county only upon the
adoption of a resolution by the board of supervisors to that effect.

(d) If the defendant, after having been ordered to appear before a
county officer, has been given proper notice and fails to appear
before a county officer within 20 working days, the county officer
shall recommend to the court that the full cost of the legal
assistance shall be ordered to be paid by the defendant. The notice
to the defendant shall contain all of the following:
(1) A statement of the cost of the legal assistance provided to
the defendant as determined by the court.
(2) The defendant's procedural rights under this section.
(3) The time limit within which the defendant's response is
required.
(4) A warning that if the defendant fails to appear before the
designated officer, the officer will recommend that the court order
the defendant to pay the full cost of the legal assistance provided
to him or her.
(e) At a hearing, the defendant shall be entitled to, but shall
not be limited to, all of the following rights:
(1) The right to be heard in person.
(2) The right to present witnesses and other documentary evidence.

(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have the evidence against him or her disclosed to
him or her.
(5) The right to a written statement of the findings of the court.

If the court determines that the defendant has the present ability
to pay all or a part of the cost, the court shall set the amount to
be reimbursed and order the defendant to pay the sum to the county in
the manner in which the court believes reasonable and compatible
with the defendant's financial ability. Failure of a defendant who
is not in custody to appear after due notice is a sufficient basis
for an order directing the defendant to pay the full cost of the
legal assistance determined by the court. The order to pay all or a
part of the costs may be enforced in the manner provided for
enforcement of money judgments generally but may not be enforced by
contempt.
Any order entered under this subdivision is subject to relief
under Section 473 of the Code of Civil Procedure.
(f) Prior to the furnishing of counsel or legal assistance by the
court, the court shall give notice to the defendant that the court
may, after a hearing, make a determination of the present ability of
the defendant to pay all or a portion of the cost of counsel. The
court shall also give notice that, if the court determines that the
defendant has the present ability, the court shall order him or her
to pay all or a part of the cost. The notice shall inform the
defendant that the order shall have the same force and effect as a
judgment in a civil action and shall be subject to enforcement
against the property of the defendant in the same manner as any other
money judgment.
(g) As used in this section:
(1) "Legal assistance" means legal counsel and supportive services
including, but not limited to, medical and psychiatric examinations,
investigative services, expert testimony, or any other form of
services provided to assist the defendant in the preparation and
presentation of the defendant's case.
(2) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of the legal
assistance provided to him or her, and shall include, but not be
limited to, all of the following:
(A) The defendant's present financial position.
(B) The defendant's reasonably discernible future financial
position. In no event shall the court consider a period of more than
six months from the date of the hearing for purposes of determining
the defendant's reasonably discernible future financial position.
Unless the court finds unusual circumstances, a defendant sentenced
to state prison shall be determined not to have a reasonably
discernible future financial ability to reimburse the costs of his or
her defense.
(C) The likelihood that the defendant shall be able to obtain
employment within a six-month period from the date of the hearing.
(D) Any other factor or factors which may bear upon the defendant'
s financial capability to reimburse the county for the costs of the
legal assistance provided to the defendant.
(h) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change in
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time it renders the judgment.
(i) This section shall apply to all proceedings, including
contempt proceedings, in which the party is represented by a public
defender or appointed counsel.



987.81. (a) In any case in which a defendant is provided legal
assistance, either through the public defender or private counsel
appointed by the court, upon conclusion of the criminal proceedings
in the trial court, or upon the withdrawal of the public defender or
appointed private counsel, the court shall consider the available
information concerning the defendant's ability to pay the costs of
legal assistance and may, after notice, as provided in subdivision
(b), hold a hearing to make a determination of the present ability of
the defendant to pay all or a portion of the cost thereof.
Notwithstanding the above, in any case where the court has ordered
the probation officer to investigate and report to the court pursuant
to subdivision (b) of Section 1203, the court may hold such a
hearing. The court may, in its discretion, hold one such additional
hearing within six months of the conclusion of the criminal
proceedings.
(b) Concurrent with the furnishing of counsel or legal assistance
by the court, the court shall order the defendant to appear before a
county officer designated by the court to make an inquiry into the
ability of the defendant to pay all or a portion of the legal
assistance provided. Prior to the furnishing of counsel or legal
assistance by the court, the court shall give notice to the defendant
that the court shall, after a hearing, make a determination of the
present ability of the defendant to pay all or a portion of the cost
of counsel. The court shall also give notice that, if the court
determines that the defendant has the present ability, the court
shall order him or her to pay all or a part of the cost. The notice
shall inform the defendant that the order shall have the same force
and effect as a judgment in a civil action and shall be subject to
enforcement against the property of the defendant in the same manner
as any other money judgment.
(c) The provisions of this section shall apply only in a county in
which the board of supervisors adopts a resolution which elects to
proceed under this section.


987.9. (a) In the trial of a capital case or a case under
subdivision (a) of Section 190.05, the indigent defendant, through
the defendant's counsel, may request the court for funds for the
specific payment of investigators, experts, and others for the
preparation or presentation of the defense. The application for funds
shall be by affidavit and shall specify that the funds are
reasonably necessary for the preparation or presentation of the
defense. The fact that an application has been made shall be
confidential and the contents of the application shall be
confidential. Upon receipt of an application, a judge of the court,
other than the trial judge presiding over the case in question, shall
rule on the reasonableness of the request and shall disburse an
appropriate amount of money to the defendant's attorney. The ruling
on the reasonableness of the request shall be made at an in camera
hearing. In making the ruling, the court shall be guided by the need
to provide a complete and full defense for the defendant.
(b) (1) The Controller shall not reimburse any county for costs
that exceed California Victim Compensation and Government Claims
Board standards for travel and per diem expenses. The Controller may
reimburse extraordinary costs in unusual cases if the county provides
sufficient documentation of the need for those expenditures.
(2) At the termination of the proceedings, the attorney shall
furnish to the court a complete accounting of all moneys received and
disbursed pursuant to this section.
(c) The Controller shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, controlling reimbursements under this
section. The regulations shall consider compensation for
investigators, expert witnesses, and other expenses that may or may
not be reimbursable pursuant to this section. Notwithstanding the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, the Controller shall
follow any regulations adopted until final approval by the Office of
Administrative Law.
(d) The confidentiality provided in this section shall not
preclude any court from providing the Attorney General with access to
documents protected by this section when the defendant raises an
issue on appeal or collateral review where the recorded portion of
the record, created pursuant to this section, relates to the issue
raised. When the defendant raises that issue, the funding records, or
relevant portions thereof, shall be provided to the Attorney General
at the Attorney General's request. In this case, the documents shall
remain under seal and their use shall be limited solely to the
pending proceeding.


988. The arraignment must be made by the court, or by the clerk or
prosecuting attorney under its direction, and consists in reading the
accusatory pleading to the defendant and delivering to the defendant
a true copy thereof, and of the endorsements thereon, if any,
including the list of witnesses, and asking the defendant whether
the defendant pleads guilty or not guilty to the accusatory pleading;
provided, that where the accusatory pleading is a complaint charging
a misdemeanor, a copy of the same need not be delivered to any
defendant unless requested by the defendant.



989. When the defendant is arraigned, he must be informed that if
the name by which he is prosecuted is not his true name, he must then
declare his true name, or be proceeded against by the name in the
accusatory pleading. If he gives no other name, the court may
proceed accordingly; but if he alleges that another name is his true
name, the court must direct an entry thereof in the minutes of the
arraignment, and the subsequent proceedings on the accusatory
pleading may be had against him by that name, referring also to the
name by which he was first charged therein.



990. If on the arraignment, the defendant requires it, the
defendant must be allowed a reasonable time to answer, which shall be
not less than one day in a felony case and not more than seven days
in a misdemeanor or infraction case.


991. (a) If the defendant is in custody at the time he appears
before the magistrate for arraignment and, if the public offense is a
misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
(b) The determination of probable cause shall be made immediately
unless the court grants a continuance for good cause not to exceed
three court days.
(c) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for such information, or any other documents
of similar reliability.
(d) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall set the
matter for trial.
If the court determines that no such probable cause exists, it
shall dismiss the complaint and discharge the defendant.
(e) Within 15 days of the dismissal of a complaint pursuant to
this section the prosecution may refile the complaint.
A second dismissal pursuant to this section is a bar to any other
prosecution for the same offense.



992. (a) In any case in which the defendant is charged with a
felony, the court, immediately following the arraignment in the
superior court, shall require the defendant to provide a right
thumbprint on a form developed for this purpose. This fingerprint
form shall include the name and superior court case number of the
defendant, the date, and the printed name, position, and badge or
serial number of the court bailiff who imprints the defendant's
thumbprint. In the event the defendant is physically unable to
provide a right thumbprint, the defendant shall provide a left
thumbprint. In the event the defendant is physically unable to
provide a left thumbprint, the court shall make a determination as to
how the defendant might otherwise provide a suitable identifying
characteristic to be imprinted on the judgment of conviction. The
clerk shall note on the fingerprint form which digit, if any, of the
defendant's was imprinted thereon. In the event that the defendant is
convicted, this fingerprint form shall be attached to the minute
order reflecting the defendant's sentence. The fingerprint form
shall be permanently maintained in the superior court file.
This thumbprint or fingerprint shall not be used to create a
database. The Judicial Council shall develop a form to implement
this section.
(b) In the event that a county implements a countywide policy in
which every felony defendant's photograph and fingerprints are
permanently maintained in the superior court file, the presiding
judge of that county may elect, after consultation with the district
attorney, to continue compliance with this section.

[هيثم الفقى]

995. (a) Subject to subdivision (b) of Section 995a, the indictment
or information shall be set aside by the court in which the
defendant is arraigned, upon his or her motion, in either of the
following cases:
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed
in this code.
(B) That the defendant has been indicted without reasonable or
probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been
legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or
probable cause.
(b) In cases in which the procedure set out in subdivision (b) of
Section 995a is utilized, the court shall reserve a final ruling on
the motion until those procedures have been completed.



995a. (a) If the names of the witnesses examined before the grand
jury are not inserted at the foot of the indictment or indorsed
thereon, the court shall order them to be so inserted or indorsed;
and if the information be not subscribed by the district attorney,
the court may order it to be so subscribed.
(b) (1) Without setting aside the information, the court may, upon
motion of the prosecuting attorney, order further proceedings to
correct errors alleged by the defendant if the court finds that such
errors are minor errors of omission, ambiguity, or technical defect
which can be expeditiously cured or corrected without a rehearing of
a substantial portion of the evidence. The court may remand the
cause to the committing magistrate for further proceedings, or if the
parties and the court agree, the court may itself sit as a
magistrate and conduct further proceedings. When remanding the cause
to the committing magistrate, the court shall state in its remand
order which minor errors it finds could be expeditiously cured or
corrected.
(2) Any further proceedings conducted pursuant to this subdivision
may include the taking of testimony and shall be deemed to be a part
of the preliminary examination.
(3) The procedure specified in this subdivision may be utilized
only once for each information filed. Any further proceedings
conducted pursuant to this subdivision shall not be deemed to extend
the time within which a defendant must be brought to trial under
Section 1382.


996. If the motion to set aside the indictment or information is
not made, the defendant is precluded from afterwards taking the
objections mentioned in Section 995.



997. The motion must be heard at the time it is made, unless for
cause the court postpones the hearing to another time. The court may
entertain such motion prior to trial whether or not a plea has been
entered and such plea need not be set aside in order to consider the
motion. If the motion is denied, and the accused has not previously
answered the indictment or information, either by demurring or
pleading thereto, he shall immediately do so. If the motion is
granted, the court must order that the defendant, if in custody, be
discharged therefrom; or, if admitted to bail, that his bail be
exonerated; or, if he has deposited money, or if money has been
deposited by another or others instead of bail for his appearance,
that the same be refunded to him or to the person or persons found by
the court to have deposited said money on behalf of said defendant,
unless it directs that the case be resubmitted to the same or another
grand jury, or that an information be filed by the district
attorney; provided, that after such order of resubmission the
defendant may be examined before a magistrate, and discharged or
committed by him, as in other cases, if before indictment or
information filed he has not been examined and committed by a
magistrate.


998. If the court directs the case to be resubmitted, or an
information to be filed, the defendant, if already in custody, shall
remain, unless he or she is admitted to bail; or, if already admitted
to bail, or money has been deposited instead thereof, the bail or
money is answerable for the appearance of the defendant to answer a
new indictment or information; and, unless a new indictment is found
or information filed before the next grand jury of the county is
discharged, the court shall, on the discharge of such grand jury,
make the order prescribed by Section 997.



999. An order to set aside an indictment or information, as
provided in this chapter, is no bar to a future prosecution for the
same offense.


999a. A petition for a writ of prohibition, predicated upon the
ground that the indictment was found without reasonable or probable
cause or that the defendant had been committed on an information
without reasonable or probable cause, or that the court abused its
discretion in utilizing the procedure set out in subdivision (b) of
Section 995a, must be filed in the appellate court within 15 days
after a motion made under Section 995 to set aside the indictment on
the ground that the defendant has been indicted without reasonable or
probable cause or that the defendant had been committed on an
information without reasonable or probable cause, has been denied by
the trial court. A copy of such petition shall be served upon the
district attorney of the county in which the indictment is returned
or the information is filed. The alternative writ shall not issue
until five days after the service of notice upon the district
attorney and until he has had an opportunity to appear before the
appellate court and to indicate to the court the particulars in which
the evidence is sufficient to sustain the indictment or commitment.

[هيثم الفقى]

999b. The Legislature hereby finds a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively small number of multiple and
repeat felony offenders, commonly known as career criminals. In
enacting this chapter, the Legislature intends to support increased
efforts by district attorneys' offices to prosecute career criminals
through organizational and operational techniques that have been
proven effective in selected counties in this and other states.



999c. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the California Career Criminal Prosecution
Program. All funds appropriated to the agency or agencies designated
by the Director of Finance pursuant to Section 13820 for the
purposes of this chapter shall be administered and disbursed by the
executive director of that agency or agencies in consultation with
the California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
(b) The executive director of that agency or agencies is
authorized to allocate and award funds to counties in which career
criminal prosecution units are established in substantial compliance
with the policies and criteria set forth below in Sections 999d,
999e, 999f, and 999g.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.



999d. Career criminal prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999e. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a career
criminal case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase;
(b) Assignment of highly qualified investigators and prosecutors
to career criminal cases; and
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to career criminal cases.



999e. (a) An individual who is under arrest for the commission or
attempted commission of one or more of the felonies listed in
paragraph (1) and who is either being prosecuted for three or more
separate offenses not arising out of the same transaction involving
one or more of those felonies, or has been convicted during the
preceding 10 years for any felony listed in paragraph (2) of this
subdivision, or at least two convictions during the preceding 10
years for any felony listed in paragraph (3) of this subdivision
shall be the subject of career criminal prosecution efforts.
(1) Murder, manslaughter, rape, ***ual assault, child molestation,
robbery, carjacking, burglary, arson, receiving stolen property,
grand theft, grand theft auto, lewd and lascivious conduct upon a
child, assault with a firearm, discharging a firearm into an
inhabited structure or vehicle, owning, possessing, or having custody
or control of a firearm, as specified in subdivision (a) or (b) of
Section 12021, or any unlawful act relating to controlled substances
in violation of Sections 11351, 11351.5, 11352, or 11378 of the
Health and Safety Code.
(2) Robbery of the first degree, carjacking, burglary of the first
degree, arson as defined in Section 451, unlawfully causing a fire
as defined in Section 452, forcible rape, sodomy or oral copulation
committed with force, lewd or lascivious conduct committed upon a
child, kidnapping as defined in Section 209 or 209.5, murder, or
manslaughter.
(3) Grand theft, grand theft auto, receiving stolen property,
robbery of the second degree, burglary of the second degree,
kidnapping as defined in Section 207, assault with a deadly weapon or
instrument, or any unlawful act relating to controlled substances in
violation of Section 11351 or 11352 of the Health and Safety Code.
For purposes of this chapter, the 10-year periods specified in
this section shall be exclusive of any time which the arrested person
has served in state prison.
(b) In applying the career criminal selection criteria set forth
above, a district attorney may elect to limit career criminal
prosecution efforts to persons arrested for any one or more of the
felonies listed in subdivision (a) of this section if crime
statistics demonstrate that the incidence of one or more of these
felonies presents a particularly serious problem in the county.
(c) In exercising the prosecutorial discretion granted by Section
999g, the district attorney shall consider the character, background,
and prior criminal background of the defendant, and the number and
the seriousness of the offenses currently charged against the
defendant.



999f. (a) Each district attorney's office establishing a career
criminal prosecution unit and receiving state support under this
chapter shall adopt and pursue the following policies for career
criminal cases:
(1) A plea of guilty or a trial conviction will be sought on all
the offenses charged in the accusatory pleading against an individual
meeting career criminal selection criteria.
(2) All reasonable prosecutorial efforts will be made to resist
the pretrial release of a charged defendant meeting career criminal
selection criteria.
(3) All reasonable prosecutorial efforts will be made to persuade
the court to impose the most severe authorized sentence upon a person
convicted after prosecution as a career criminal.
(4) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting career criminal selection criteria.
(b) The prosecution shall not negotiate a plea agreement with a
defendant in a career criminal prosecution; and Sections 1192.1 to
1192.5, inclusive, shall not apply, nor shall any plea of guilty or
nolo contendere authorized by any such section, or any plea of guilty
or nolo contendere as a result of any plea agreement be approved by
the court in a career criminal prosecution.
(c) For purposes of this section a "plea agreement" means an
agreement by the defendant to plead guilty or nolo contendere in
exchange for any or all of the following: a dismissal of charges, a
reduction in the degree of a charge, a change of a charge to a lesser
or different crime, a specific manner or extent of punishment.
(d) This section does not prohibit the reduction of the offense
charged or dismissal of counts in the interest of justice when a
written declaration by the prosecuting attorney stating the specific
factual and legal basis for such reduction or dismissal is presented
to the court and the court, in writing, acknowledges acceptance of
such declaration. A copy of such declaration and acceptance shall be
retained in the case file. The only basis upon which charges may be
reduced or counts dismissed by the court shall be in cases where the
prosecuting attorney decides that there is insufficient evidence to
prove the people's case, the testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
In any case in which the court or magistrate grants the
prosecuting attorney's motion for a reduction of charges or dismissal
of counts because there would be no substantial change in sentence,
the court or magistrate shall require the prosecuting attorney to put
on the record in open court the following:
(1) The charges filed in the complaint or information and the
maximum statutory penalty that could be given if the defendant were
convicted of all such charges.
(2) The charges which would be filed against the defendant if the
court or magistrate grants the prosecuting attorney's motion and the
maximum statutory penalty which can be given for these charges.
(e) This section does not prohibit a plea agreement when there are
codefendants, and the prosecuting attorney determines that the
information or testimony of the defendant making the agreement is
necessary for the conviction of one or more of the other
codefendants. The court shall condition its acceptance of the plea
agreement on the defendant giving the information or testimony.
Before the court can accept the plea agreement, the prosecuting
attorney shall present a written declaration to the court, specifying
the legal and factual reasons for the agreement, and the court shall
acknowledge in writing its acceptance of that declaration. A copy
of the declaration and acceptance shall be retained in the case file.




999g. The selection criteria set forth in Section 999e shall be
adhered to for each career criminal case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require the departure from such policies in order to promote the
general purposes and intent of this chapter.



999h. The characterization of a defendant as a "career criminal" as
defined by this chapter may not be communicated to the trier of
fact.

[هيثم الفقى]

999i. The Legislature hereby finds that repeat ***ual offenders
present a clear and present danger to the mental and physical
well-being of the citizens of the State of California, especially of
its children. The Legislature further finds that the concept of
vertical prosecution, in which one deputy district attorney is
assigned to a case from its filing to its completion, is a proven way
of demonstrably increasing the likelihood of convicting repeat ***
offenders and ensuring appropriate sentences for such offenders. In
enacting this chapter, the Legislature intends to support increased
efforts by district attorneys' offices to prosecute repeat ***ual
offenders through organizational and operational techniques that have
already proven their effectiveness in selected counties in this and
other states, as demonstrated by the California Career Criminal
Prosecution Program and the California Gang Violence Suppression
Program, as well as ***ual assault prosecution units in several
counties.


999j. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the Repeat ***ual Offender Prosecution Program.
All funds appropriated to the agency or agencies designated by the
Director of Finance pursuant to Section 3820 for the purposes of this
chapter shall be administered and disbursed by the executive
director of that agency or agencies, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive
funding, as developed in consultation with an advisory group to be
known as the Repeat ***ual Offender Prosecution Program Steering
Committee. The membership of the Steering Committee shall be
designated by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820.
A draft of the guidelines shall be developed and submitted to the
Chairpersons of the Assembly Criminal Law and Public Safety Committee
and the Senate Judiciary Committee within 60 days of the effective
date of this chapter and issued within 90 days of the same effective
date. These guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants pursuant to
statutory authority. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
(b) The executive director is authorized to allocate and award
funds to counties in which repeat ***ual offender prosecution units
are established or are proposed to be established in substantial
compliance with the policies and criteria set forth below in Sections
999k, 999l, and 999m.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Repeat ***ual Offender Prosecution Program, be made
available to support the prosecution of repeat ***ual offender felony
cases. Local grant awards made under this program shall not be
subject to review as specified in Section 14780 of the Government
Code.



999k. Repeat ***ual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 999l. Enhanced prosecution efforts and resources
shall include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who makes the initial filing or appearance in a repeat ***ual
offender case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to repeat ***ual offender cases. "Highly qualified" for
the purposes of this chapter shall be defined as: (1) individuals
with one year of experience in the investigation and prosecution of
felonies or specifically the felonies listed in subdivision (a) of
Section 999l; or (2) individuals whom the district attorney has
selected to receive training as set forth in Section 13836; or (3)
individuals who have attended a program providing equivalent training
as approved by the agency or agencies designated by the Director of
Finance pursuant to Section 13820.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to repeat ***ual offender cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
Coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers and victim witness assistance programs.




999l. (a) An individual shall be the subject of a repeat ***ual
offender prosecution effort who is under arrest for the commission or
attempted commission of one or more of the following offenses:
assault with intent to commit rape, sodomy, oral copulation or any
violation of Section 264.1, Section 288, or Section 289; rape, in
violation of Section 261; ***ual battery, in violation of Section
243.4; sodomy, in violation of Section 286; lewd acts on a child
under 14, in violation of Section 288; oral copulation, in violation
of Section 288a; ***ual penetration, in violation of Section 289; and
(1) who is being prosecuted for offenses involving two or more
separate victims, or (2) who is being prosecuted for the commission
or attempted commission of three or more separate offenses not
arising out of the same transaction involving one or more of the
above-listed offenses, or (3) who has suffered at least one
conviction during the preceding 10 years for any of the above-listed
offenses. For purposes of this chapter, the 10-year periods
specified in this section shall be exclusive of any time which the
arrested person has served in state prison or in a state hospital
pursuant to a commitment as a mentally disordered *** offender.
(b) In applying the repeat ***ual offender selection criteria set
forth above: (1) a district attorney may elect to limit repeat
***ual offender prosecution efforts to persons arrested for any one
or more of the offenses listed in subdivision (a) if crime statistics
demonstrate that the incidence of such one or more offenses presents
a particularly serious problem in the county; (2) a district
attorney shall not reject cases for filing exclusively on the basis
that there is a family or personal relationship between the victim
and the alleged offender.
(c) In exercising the prosecutorial discretion granted by Section
999n, the district attorney shall consider the following: (1) the
character, the background, and prior criminal background of the
defendant, and (2) the number and seriousness of the offenses
currently charged against the defendant.



999m. Each district attorney's office establishing a repeat ***ual
offender prosecution unit and receiving state support under this
chapter shall adopt and pursue the following policies for repeat
***ual offender cases:
(a) All reasonable prosecutorial efforts will be made to resist
the pretrial release of a charged defendant meeting repeat ***ual
offender selection criteria.
(b) All reasonable prosecutorial efforts will be made to persuade
the court to impose the most severe authorized sentence upon a person
convicted after prosecution as a repeat ***ual offender. In the
prosecution of an intrafamily ***ual abuse case, discretion may be
exercised as to the type and nature of sentence recommended to the
court.
(c) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting repeat ***ual offender criteria.



999n. (a) The selection criteria set forth in Section 999l shall be
adhered to for each repeat ***ual offender case unless, in the
reasonable exercise of prosecutor's discretion, extraordinary
circumstances require departure from those policies in order to
promote the general purposes and intent of this chapter.
(b) Each district attorney's office establishing a repeat ***ual
offender prosecution unit and receiving state support under this
chapter shall submit the following information, on a quarterly basis,
to the agency or agencies designated by the Director of Finance
pursuant to Section 13820:
(1) The number of ***ual assault cases referred to the district
attorney's office for possible filing.
(2) The number of ***ual assault cases filed for felony
prosecution.
(3) The number of ***ual assault cases taken to trial.
(4) The percentage of ***ual assault cases tried which resulted in
conviction.


999o. The characterization of a defendant as a "repeat ***ual
offender" as defined by this chapter shall not be communicated to the
trier of fact.


999p. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become available in order to implement the provisions of
this chapter.

[هيثم الفقى]

999q. The Legislature hereby finds that child abusers present a
clear and present danger to the mental health and physical well-being
of the citizens of the State of California, especially of its
children. The Legislature further finds that the concept of vertical
prosecution, in which a specially trained deputy district attorney
or prosecution unit is assigned to a case from its filing to its
completion, is a proven way of demonstrably increasing the likelihood
of convicting child abusers and ensuring appropriate sentences for
such offenders. In enacting this chapter, the Legislature intends to
support increased efforts by district attorneys' offices to
prosecute child abusers through organizational and operational
techniques that have already proven their effectiveness in selected
counties in this and other states, as demonstrated by the California
Career Criminal Prosecution Program, the California Gang Violence
Suppression Program, and the Repeat ***ual Offender Prosecution
Program.


999r. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the Child Abuser Prosecution Program. All funds
appropriated to the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for the purposes of this chapter
shall be administered and disbursed by the executive director of that
agency or agencies, and shall to the greatest extent feasible, be
coordinated or consolidated with any federal or local funds that may
be made available for these purposes.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive funding
and the terms and conditions upon which the agency or agencies
designated by the Director of Finance pursuant to Section 13820 is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application. The guidelines shall be submitted
to the appropriate policy committees of the Legislature prior to
their adoption.
(b) The executive director is authorized to allocate and award
funds to counties in which child abuser offender prosecution units
are established or are proposed to be established in substantial
compliance with the policies and criteria set forth below in Sections
999s, 999t, and 999u.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Child Abuser Prosecution Program, be made available to
support the prosecution of child abuser felony cases. Local grant
awards made under this program shall not be subject to review as
specified in Section 14780 of the Government Code.



999s. Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999t. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who, or prosecution unit which, makes the initial filing or
appearance in a case performs all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to child abuser cases. "Highly qualified" for the
purposes of this chapter means: (1) individuals with one year of
experience in the investigation and prosecution of felonies or
specifically the felonies listed in subdivision (a) of Section 999l
or 999t; or (2) individuals whom the district attorney has selected
to receive training as set forth in Section 13836; or (3) individuals
who have attended a program providing equivalent training as
approved by the agency or agencies designated by the Director of
Finance pursuant to Section 13820.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to child abuser cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
That coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of child abuse and
child ***ual abuse programs, local rape victim counseling centers and
victim witness assistance programs.



999t. (a) An individual may be the subject of a child abuser
prosecution effort who is under arrest for the ***ual assault of a
child, as defined in Section 11165, or a violation of subdivision (a)
or (b) of Section 273a, or a violation of Section 273ab, or 273d, or
a violation of Section 288.2 when committed in conjunction with any
other violation listed in this subdivision.
(b) In applying the child abuser selection criteria set forth
above: (1) a district attorney may elect to limit child abuser
prosecution efforts to persons arrested for any one or more of the
offenses described in subdivision (a) if crime statistics demonstrate
that the incidence of such one or more offenses presents a
particularly serious problem in the county; (2) a district attorney
shall not reject cases for filing exclusively on the basis that there
is a family or personal relationship between the victim and the
alleged offender.
(c) In exercising the prosecutorial discretion granted by Section
999v, the district attorney shall consider the character, the
background, and the prior criminal background of the defendant.




999u. Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
adopt and pursue the following policies for child abuser cases:
(a) Except as provided in subdivision (b), all reasonable
prosecutorial efforts will be made to resist the pretrial release of
a charged defendant meeting child abuser selection criteria.
(b) Nothing in this chapter shall be construed to limit the
application of diversion programs authorized by law. All reasonable
efforts shall be made to utilize diversion alternatives in
appropriate cases.
(c) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting child abuser criteria.



999v. (a) The selection criteria set forth in Section 999t shall be
adhered to for each child abuser case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require departure from those policies in order to promote the general
purposes and intent of this chapter.
(b) Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
submit the following information, on a quarterly basis, to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820:
(1) The number of child abuser cases referred to the district
attorney's office for possible filing.
(2) The number of child abuser cases filed for felony prosecution.

(3) The number of ***ual assault cases taken to trial.
(4) The number of child abuser cases tried which resulted in
conviction.



999w. The characterization of a defendant as a "child abuser" as
defined by this chapter shall not be communicated to the trier of
fact.


999x. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become available in order to implement the provisions of
this chapter.


999y. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall report annually to the Legislature
concerning the program established by this chapter. The agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall prepare and submit to the Legislature on or before
December 15, 2002, and within six months of the completion of
subsequent funding cycles for this program, an evaluation of the
Child Abuser Prosecution Program. This evaluation shall identify
outcome measures to determine the effectiveness of the programs
established under this chapter, which shall include, but not be
limited to, both of the following, to the extent that data is
available:
(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting child
abuse crimes in nonfunded counties.

[هيثم الفقى]

SPECIAL PROCEEDINGS IN NARCOTICS AND DRUG
ABUSE CASES

1000. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
or subdivision (b) of Section 23222 of the Vehicle Code, or Section
11358 of the Health and Safety Code if the marijuana planted,
cultivated, harvested, dried, or processed is for personal use, or
Section 11368 of the Health and Safety Code if the narcotic drug was
secured by a fictitious prescription and is for the personal use of
the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4060 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
offense.
(2) The offense charged did not involve a crime of violence or
threatened violence.
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the superior court, or a
judge designated by the presiding judge, this procedure shall be
completed as soon as possible after the initial filing of the
charges. If the defendant is found eligible, the prosecuting
attorney shall file with the court a declaration in writing or state
for the record the grounds upon which the determination is based, and
shall make this information available to the defendant and his or
her attorney. This procedure is intended to allow the court to set
the hearing for deferred entry of judgment at the arraignment. If
the defendant is found ineligible for deferred entry of judgment, the
prosecuting attorney shall file with the court a declaration in
writing or state for the record the grounds upon which the
determination is based, and shall make this information available to
the defendant and his or her attorney. The sole remedy of a
defendant who is found ineligible for deferred entry of judgment is a
postconviction appeal.
(c) All referrals for deferred entry of judgment granted by the
court pursuant to this chapter shall be made only to programs that
have been certified by the county drug program administrator pursuant
to Chapter 1.5 (commencing with Section 1211) of Title 8, or to
programs that provide services at no cost to the participant and have
been deemed by the court and the county drug program administrator
to be credible and effective. The defendant may request to be
referred to a program in any county, as long as that program meets
the criteria set forth in this subdivision.
(d) Deferred entry of judgment for a violation of Section 11368 of
the Health and Safety Code shall not prohibit any administrative
agency from taking disciplinary action against a licensee or from
denying a license. Nothing in this subdivision shall be construed to
expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in
this section may be required to undergo analysis of his or her urine
for the purpose of testing for the presence of any drug as part of
the program. However, urine analysis results shall not be admissible
as a basis for any new criminal prosecution or proceeding.




1000.1. (a) If the prosecuting attorney determines that this
chapter may be applicable to the defendant, he or she shall advise
the defendant and his or her attorney in writing of that
determination. This notification shall include the following:
(1) A full description of the procedures for deferred entry of
judgment.
(2) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in the process.
(3) A clear statement that in lieu of trial, the court may grant
deferred entry of judgment with respect to any crime specified in
subdivision (a) of Section 1000 that is charged, provided that the
defendant pleads guilty to each such charge and waives time for the
pronouncement of judgment, and that upon the defendant's successful
completion of a program, as specified in subdivision (c) of Section
1000, the positive recommendation of the program authority and the
motion of the prosecuting attorney, the court, or the probation
department, but no sooner than 18 months and no later than three
years from the date of the defendant's referral to the program, the
court shall dismiss the charge or charges against the defendant.
(4) A clear statement that upon any failure of treatment or
condition under the program, or any circumstance specified in Section
1000.3, the prosecuting attorney or the probation department or the
court on its own may make a motion to the court for entry of judgment
and the court shall render a finding of guilt to the charge or
charges pled, enter judgment, and schedule a sentencing hearing as
otherwise provided in this code.
(5) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(b) If the defendant consents and waives his or her right to a
speedy trial or a speedy preliminary hearing, the court may refer the
case to the probation department or the court may summarily grant
deferred entry of judgment if the defendant pleads guilty to the
charge or charges and waives time for the pronouncement of judgment.
When directed by the court, the probation department shall make an
investigation and take into consideration the defendant's age,
employment and service records, educational background, community and
family ties, prior controlled substance use, treatment history, if
any, demonstrable motivation, and other mitigating factors in
determining whether the defendant is a person who would be benefited
by education, treatment, or rehabilitation. The probation department
shall also determine which programs the defendant would benefit from
and which programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court. The court shall make the final determination regarding
education, treatment, or rehabilitation for the defendant. If the
court determines that it is appropriate, the court shall grant
deferred entry of judgment if the defendant pleads guilty to the
charge or charges and waives time for the pronouncement of judgment.

(c) No statement, or any information procured therefrom, made by
the defendant to any probation officer or drug treatment worker, that
is made during the course of any investigation conducted by the
probation department or treatment program pursuant to subdivision
(b), and prior to the reporting of the probation department's
findings and recommendations to the court, shall be admissible in any
action or proceeding brought subsequent to the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged, that is
made to any probation officer or drug program worker subsequent to
the granting of deferred entry of judgment, shall be admissible in
any action or proceeding, including a sentencing hearing.
(d) A defendant's plea of guilty pursuant to this chapter shall
not constitute a conviction for any purpose unless a judgment of
guilty is entered pursuant to Section 1000.3.



1000.2. The court shall hold a hearing and, after consideration of
any information relevant to its decision, shall determine if the
defendant consents to further proceedings under this chapter and if
the defendant should be granted deferred entry of judgment. If the
court does not deem the defendant a person who would be benefited by
deferred entry of judgment, or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At the time that deferred entry of judgment is granted, any bail
bond or undertaking, or deposit in lieu thereof, on file by or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.
The period during which deferred entry of judgment is granted
shall be for no less than 18 months nor longer than three years.
Progress reports shall be filed by the probation department with the
court as directed by the court.



1000.3. If it appears to the prosecuting attorney, the court, or
the probation department that the defendant is performing
unsatisfactorily in the assigned program, or that the defendant is
not benefiting from education, treatment, or rehabilitation, or that
the defendant is convicted of a misdemeanor that reflects the
defendant's propensity for violence, or the defendant is convicted of
a felony, or the defendant has engaged in criminal conduct rendering
him or her unsuitable for deferred entry of judgment, the
prosecuting attorney, the court on its own, or the probation
department may make a motion for entry of judgment.
After notice to the defendant, the court shall hold a hearing to
determine whether judgment should be entered.
If the court finds that the defendant is not performing
satisfactorily in the assigned program, or that the defendant is not
benefiting from education, treatment, or rehabilitation, or the court
finds that the defendant has been convicted of a crime as indicated
above, or that the defendant has engaged in criminal conduct
rendering him or her unsuitable for deferred entry of judgment, the
court shall render a finding of guilt to the charge or charges pled,
enter judgment, and schedule a sentencing hearing as otherwise
provided in this code.
If the defendant has performed satisfactorily during the period in
which deferred entry of judgment was granted, at the end of that
period, the criminal charge or charges shall be dismissed.
Prior to dismissing the charge or charges or rendering a finding
of guilt and entering judgment, the court shall consider the
defendant's ability to pay and whether the defendant has paid a
diversion restitution fee pursuant to Section 1001.90, if ordered,
and has met his or her financial obligation to the program, if any.
As provided in Section 1203.1b, the defendant shall reimburse the
probation department for the reasonable cost of any program
investigation or progress report filed with the court as directed
pursuant to Sections 1000.1 and 1000.2.



1000.4. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases deferred pursuant to this
chapter. Upon successful completion of a deferred entry of judgment
program, the arrest upon which the judgment was deferred shall be
deemed to have never occurred. The defendant may indicate in
response to any question concerning his or her prior criminal record
that he or she was not arrested or granted deferred entry of judgment
for the offense, except as specified in subdivision (b). A record
pertaining to an arrest resulting in successful completion of a
deferred entry of judgment program shall not, without the defendant'
s consent, be used in any way that could result in the denial of any
employment, benefit, license, or certificate.
(b) The defendant shall be advised that, regardless of his or her
successful completion of the deferred entry of judgment program, the
arrest upon which the judgment was deferred may be disclosed by the
Department of Justice in response to any peace officer application
request and that, notwithstanding subdivision (a), this section does
not relieve him or her of the obligation to disclose the arrest in
response to any direct question contained in any questionnaire or
application for a position as a peace officer, as defined in Section
830.


1000.5. (a) The presiding judge of the superior court, or a judge
designated by the presiding judge, together with the district
attorney and the public defender, may agree in writing to establish
and conduct a preguilty plea drug court program pursuant to the
provisions of this chapter, wherein criminal proceedings are
suspended without a plea of guilty for designated defendants. The
drug court program shall include a regimen of graduated sanctions and
rewards, individual and group therapy, urine analysis testing
commensurate with treatment needs, close court monitoring and
supervision of progress, educational or vocational counseling as
appropriate, and other requirements as agreed to by the presiding
judge or his or her designee, the district attorney, and the public
defender. If there is no agreement in writing for a preguilty plea
program by the presiding judge or his or her designee, the district
attorney, and the public defender, the program shall be operated as a
deferred entry of judgment program as provided in this chapter.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding
satisfactory and unsatisfactory performance in a program shall apply
to preguilty plea programs. If the court finds that (1) the
defendant is not performing satisfactorily in the assigned program,
(2) the defendant is not benefiting from education, treatment, or
rehabilitation, (3) the defendant has been convicted of a crime
specified in Section 1000.3, or (4) the defendant has engaged in
criminal conduct rendering him or her unsuitable for the preguilty
plea program, the court shall reinstate the criminal charge or
charges. If the defendant has performed satisfactorily during the
period of the preguilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and the provisions of
Section 1000.4 shall apply.



1000.8. (a) Where a person is participating in a deferred entry of
judgment program or a preguilty plea program pursuant to this
chapter, the person may also participate in a licensed methadone or
levoalphacetylmethadol (LAAM) program if the following conditions are
met:
(1) The sheriff allows a methadone program to operate in the
county jail.
(2) The participant allows release of his or her medical records
to the court presiding over the participant's preguilty or deferred
entry program for the limited purpose of determining whether or not
the participant is duly enrolled in the licensed methadone or LAAM
program and is in compliance with deferred entry or preguilty plea
program rules.
(b) If the conditions specified in paragraphs (1) and (2) of
subdivision (a) are met, participation in a methadone or LAAM
treatment program shall not be the sole reason for exclusion from a
deferred entry or preguilty plea program. A methadone or LAAM
patient who participates in a preguilty or deferred entry program
shall comply with all court program rules.
(c) A person who is participating in a deferred entry of judgment
program or preguilty plea program pursuant to this chapter who
participates in a licensed methadone or LAAM program shall present to
the court a declaration from the director of the methadone or LAAM
program, or the director's authorized representative, that the person
is currently enrolled and in good standing in the program.
(d) Urinalysis results that only establish that a person described
in this section has ingested or taken the methadone administered or
prescribed by a licensed methadone or LAAM program shall not be
considered a violation of the terms of the deferred entry of judgment
or preguilty plea program under this chapter.
(e) Except as provided in subdivisions (a) to (d), inclusive, this
section shall not be interpreted to amend any provisions governing
deferred entry and diversion programs.

[هيثم الفقى]

1000.12. (a) It is the intent of the Legislature that nothing in
this chapter deprive a prosecuting attorney of the ability to
prosecute any person who is suspected of committing any crime in
which a minor is a victim of an act of physical abuse or neglect to
the fullest extent of the law, if the prosecuting attorney so
chooses.
(b) In lieu of prosecuting a person suspected of committing any
crime, involving a minor victim, of an act of physical abuse or
neglect, the prosecuting attorney may refer that person to the county
department in charge of public social services or the probation
department for counseling or psychological treatment and such other
services as the department deems necessary. The prosecuting attorney
shall seek the advice of the county department in charge of public
social services or the probation department in determining whether or
not to make the referral.
(c) This section shall not apply to any person who is charged with
***ual abuse or molestation of a minor victim, or any ***ual offense
involving force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the minor victim or another person.



1000.17. If the person is referred pursuant to this chapter he or
she shall be responsible for paying the administrative cost of the
referral and the expense of such counseling as determined by the
county department responsible for public social services or the
probation department. The administrative cost of the referral shall
not exceed one hundred dollars ($100) for any person referred
pursuant to this chapter for an offense punishable as a felony and
shall not exceed fifty dollars ($50) for any person referred pursuant
to the chapter for an offense punishable as a misdemeanor. The
department shall take into consideration the ability of the referred
party to pay and no such person shall be denied counseling services
because of his or her inability to pay.

[هيثم الفقى]

1001. It is the intent of the Legislature that neither this
chapter, Chapter 2.5 (commencing with Section 1000) of this title,
nor any other provision of law be construed to preempt other current
or future pretrial or precomplaint diversion programs. It is also
the intent of the Legislature that current or future posttrial
diversion programs not be preempted, except as provided in Section
13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.11,
inclusive, of this chapter shall apply only to pretrial diversion
programs as defined in Section 1001.1.



1001.1. As used in Sections 1001.2 to 1001.11, inclusive, of this
chapter, pretrial diversion refers to the procedure of postponing
prosecution of an offense filed as a misdemeanor either temporarily
or permanently at any point in the judicial process from the point at
which the accused is charged until adjudication.




1001.2. (a) This chapter shall not apply to any pretrial diversion
or posttrial programs for the treatment of problem drinking or
alcoholism utilized for persons convicted of one or more offenses
under Section 23152 or 23153 or former Section 23102 of the Vehicle
Code or to pretrial diversion programs established pursuant to
Chapter 2.5 (commencing with Section 1000) of this title nor shall
this chapter be deemed to authorize any pretrial diversion or
posttrial programs for persons alleged to have committed violation of
Section 23152 or 23153 of the Vehicle Code.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.



1001.3. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
diversion program.


1001.4. A divertee is entitled to a hearing, as set forth by law,
before his or her pretrial diversion can be terminated for cause.



1001.5. No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion, and no statement, or information procured
therefrom, made by the defendant, subsequent to the granting of
diversion or while participating in such program, and no information
contained in any report made with respect thereto, and no statement
or other information concerning the defendant's participation in such
program shall be admissible in any action or proceeding. However,
if a divertee is recommended for termination for cause, information
regarding his or her participation in such program may be used for
purposes of the termination proceedings.


1001.6. At such time that a defendant's case is diverted, any bail
bond or undertaking, or deposit in lieu thereof, on file by or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.


1001.7. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the period of diversion.



1001.8. Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
chapter.


1001.9. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

AIDS PREVENTION PROGRAM IN DRUG ABUSE AND
PROSTITUTION CASES


1001.10. (a) The judge shall require any person described in
subdivision (b), as a condition of either placing the person on
probation or of permitting the person to participate in a drug
diversion program to agree to participate in an AIDS education
program. Testing for AIDS antibodies shall be offered but no person
described in subdivision (b) shall be required to be tested.
(b) This section shall apply to any person who has either been
placed on probation or granted diversion for, any of the following:
(1) A violation of subdivision (a) of Section 11350 of the Health
and Safety Code, subdivision (a) of Section 11377 of the Health and
Safety Code, Section 11550 of the Health and Safety Code, Section
4143 or 4149 of the Business and Professions Code, or of subdivision
(f) of Section 647 if the offense involves intravenous use of a
controlled substance.
(2) A violation of subdivision (a) or (b) of Section 647.



1001.11. (a) The health department in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education to those persons sentenced to probation or a drug
diversion program in accordance with Section 1001.10. The health
department shall endeavor to select an agency, or agencies, that
currently provide AIDS prevention education programs to substance
abusers or prostitutes. If no agency is currently providing this
education, the county agency responsible for substance abuse shall
develop an AIDS prevention education program either within the agency
or under contract with a community-based, nonprofit organization in
the county. The health department shall forward to the courts a list
of agencies selected for purposes of referral in accordance with
Section 1001.10. Reimbursement for the costs of implementing this
section shall be made out of moneys deposited with the county
treasurer in accordance with Section 1463.23.
(b) An AIDS prevention education program providing services
pursuant to subdivision (a) shall, at a minimum, include details
about the transmission of human immunodeficiency virus (HIV), the
etiologic agent for AIDS, symptoms of AIDS or AIDS-related
conditions, prevention through avoidance or cleaning of needles,
***ual practices which constitute high risk, low risk, and no risk
(including abstinence), and resources for assistance if the person
decides to take a test for the etiologic agent for AIDS and receives
a positive test result. The program shall also include other
relevant medical and prevention information as it becomes available.

(c) A person sentenced to a drug diversion program pursuant to
Section 1001.10 shall not be required to participate in an AIDS
prevention education program, provided that the drug diversion
program includes an AIDS prevention education component that meets
the requirements of subdivision (b).

[هيثم الفقى]

1001.15. (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a felony to cover the actual cost
of any criminalistics laboratory analysis, the actual cost of
processing a request or application for diversion, and the actual
cost of supervising the divertee pursuant to Chapter 2.5 (commencing
with Section 1000), not to exceed five hundred dollars ($500). The
fee shall be payable at the time of enrollment in the diversion
program. The court shall take into consideration the defendant's
ability to pay, and no defendant shall be denied diversion because of
his or her inability to pay.
(b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances, and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
(c) In addition to the fees authorized or required by other
provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of an act charged as, or reduced to,
a misdemeanor to cover the actual cost of processing a request or
application for diversion pursuant to Chapter 2.6 (commencing with
Section 1000.6), the actual costs of reporting to the court on a
defendant's eligibility and suitability for diversion, the actual
cost of supervising the divertee, and for the actual costs of
performing any duties required pursuant to Section 1000.9, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The fee shall be
determined on a sliding scale according to the defendant's ability to
pay, and no defendant shall be denied diversion because of his or
her inability to pay.
(d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
(e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).



1001.16. (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a misdemeanor to cover the actual
cost of any criminalistics laboratory analysis in a case involving a
violation of the California Uniform Controlled Substances Act under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, the actual cost of processing a request or application for
diversion, and the actual cost of supervising the divertee, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The court shall take
into consideration the defendant's ability to pay, and no defendant
shall be denied diversion because of his or her inability to pay.
(b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with, a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
(c) This section shall apply to all deferred entry of judgment and
misdemeanor pretrial diversion programs established pursuant to this
title.
(d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
(e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).

[هيثم الفقى]

DEVELOPMENTAL DISABILITIES


1001.20. As used in this chapter:
(a) "Cognitive Developmental Disability" means any of the
following:
(1) "Mental retardation," meaning a condition of significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the
developmental period.
(2) "Autism," meaning a diagnosed condition of markedly abnormal
or impaired development in social interaction, in communication, or
in both, with a markedly restricted repertoire of activity and
interests.
(3) Disabling conditions found to be closely related to mental
retardation or autism, or that require treatment similar to that
required for individuals with mental retardation or autism, and that
would qualify an individual for services provided under the Lanterman
Developmental Disabilities Services Act.
(b) "Diversion-related treatment and habilitation" means, but is
not limited to, specialized services or special adaptations of
generic services, directed towards the alleviation of cognitive
developmental disability or towards social, personal, physical, or
economic habilitation or rehabilitation of an individual with a
cognitive developmental disability, and includes, but is not limited
to, diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, sheltered
employment, mental health services, recreation, counseling of the
individual with this disability and of his or her family, protective
and other social and socio-legal services, information and referral
services, follow-along services, and transportation services
necessary to assure delivery of services to persons with cognitive
developmental disabilities.
(c) "Regional center" means a regional center for the
developmentally disabled established under the Lanterman
Developmental Disabilities Services Act that is organized as a
private nonprofit community agency to plan, purchase, and coordinate
the delivery of services which cannot be provided by state agencies
to developmentally disabled persons residing in a particular
geographic catchment area, and which is licensed and funded by the
State Department of Developmental Services.
(d) "Director of a regional center" means the executive director
of a regional center for the developmentally disabled or his or her
designee.
(e) "Agency" means the prosecutor, the probation department, and
the regional center involved in a particular defendant's case.
(f) "Dual agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered jointly by the regional center and by the probation
department, which is individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
(g) "Single agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered solely by the regional center without involvement by the
probation department, which is individually tailored to the needs of
the defendant as derived from the defendant's individual program
plan pursuant to Section 4646 of the Welfare and Institutions Code,
and which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.



1001.21. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading at any stage of the criminal
proceedings, for any person who has been evaluated by a regional
center for the developmentally disabled and who is determined to be a
person with a cognitive developmental disability by the regional
center, and who therefore is eligible for its services.
(b) This chapter applies to any offense which is charged as or
reduced to a misdemeanor, except that diversion shall not be ordered
when the defendant previously has been diverted under this chapter
within two years prior to the present criminal proceedings.
(c) This chapter shall apply to persons who have a condition
described in paragraph (2) or (3) of subdivision (a) of Section
1001.20 only if that person was a client of a regional center at the
time of the offense for which he or she is charged.



1001.22. The court shall consult with the prosecutor, the defense
counsel, the probation department, and the appropriate regional
center in order to determine whether a defendant may be diverted
pursuant to this chapter. If the defendant is not represented by
counsel, the court shall appoint counsel to represent the defendant.
When the court suspects that a defendant may have a cognitive
developmental disability, as defined in subdivision (a) of Section
1001.20, and the defendant consents to the diversion process and to
his or her case being evaluated for eligibility for regional center
services, and waives his or her right to a speedy trial, the court
shall order the prosecutor, the probation department, and the
regional center to prepare reports on specified aspects of the
defendant's case. Each report shall be prepared concurrently.
(a) The regional center shall submit a report to the probation
department within 25 judicial days of the court's order. The
regional center's report shall include a determination as to whether
the defendant has a cognitive developmental disability and is
eligible for regional center diversion-related treatment and
habilitation services, and the regional center shall also submit to
the court a proposed diversion program, individually tailored to the
needs of the defendant as derived from the defendant's individual
program plan pursuant to Section 4646 of the Welfare and Institutions
Code, which shall include, but not be limited to, treatment
addressed to the criminal offense charged for a period of time as
prescribed in Section 1001.28. The regional center's report shall
also contain a statement whether such a proposed program is available
for the defendant through the treatment and habilitation services of
the regional centers pursuant to Section 4648 of the Welfare and
Institutions Code.
(b) The prosecutor shall submit a report on specified aspects of
the defendant's case, within 30 judicial days of the court's order,
to the court, to each of the other agencies involved in the case, and
to the defendant. The prosecutor's report shall include all of the
following:
(1) A statement of whether the defendant's record indicates the
defendant's diversion pursuant to this chapter within two years prior
to the alleged commission of the charged divertible offense.
(2) If the prosecutor recommends that this chapter may be
applicable to the defendant, he or she shall recommend either a dual
or single agency diversion program and shall advise the court, the
probation department, the regional center, and the defendant, in
writing, of that determination within 20 judicial days of the court's
order to prepare the report.
(3) If the prosecutor recommends against diversion, the prosecutor'
s report shall include a declaration in writing to state for the
record the grounds upon which the recommendation was made, and the
court shall determine, pursuant to Section 1001.23, whether the
defendant shall be diverted.
(4) If dual agency diversion is recommended by the prosecutor, a
copy of the prosecutor's report shall also be provided by the
prosecutor to the probation department, the regional center, and the
defendant within the above prescribed time period. This notification
shall include all of the following:
(A) A full description of the proceedings for diversion and the
prosecutor's investigation procedures.
(B) A general explanation of the role and authority of the
probation department, the prosecutor, the regional center, and the
court in the diversion program process.
(C) A clear statement that the court may decide in a hearing not
to divert the defendant and that he or she may have to stand trial
for the alleged offense.
(D) A clear statement that should the defendant fail in meeting
the terms of his or her diversion, or if, during the period of
diversion the defendant is subsequently charged with a felony, the
defendant may be required, after a hearing, to stand trial for the
original diverted offense.
(c) The probation department shall submit a report on specified
aspects of the defendant's case within 30 judicial days of the court'
s order, to the court, to each of the other agencies involved in the
case, and to the defendant. The probation department's report to the
court shall be based upon an investigation by the probation
department and consideration of the defendant's age, cognitive
developmental disability, employment record, educational background,
ties to community agencies and family, treatment history, criminal
record if any, and demonstrable motivation and other mitigating
factors in determining whether the defendant is a person who would
benefit from a diversion-related treatment and habilitation program.
The regional center's report in full shall be appended to the
probation department's report to the court.



1001.23. (a) Upon the court's receipt of the reports from the
prosecutor, the probation department, and the regional center, and a
determination by the regional center that the defendant does not have
a cognitive developmental disability, the criminal proceedings for
the offense charged shall proceed. If the defendant is found to have
a cognitive developmental disability and to be eligible for regional
center services, and the court determines from the various reports
submitted to it that the proposed diversion program is acceptable to
the court, the prosecutor, the probation department, and the regional
center, and if the defendant consents to diversion and waives his or
her right to a speedy trial, the court may order, without a hearing,
that the diversion program be implemented for a period of time as
prescribed in Section 1001.28.
(b) After consideration of the probation department's report, the
report of the regional center, and the report of the prosecutor
relating to his or her recommendation for or against diversion, and
any other relevant information, the court shall determine if the
defendant shall be diverted under either dual or single agency
supervision, and referred for habilitation or rehabilitation
diversion pursuant to this chapter. If the court does not deem the
defendant a person who would benefit by diversion at the time of the
hearing, the suspended criminal proceedings may be reinstituted, or
any other disposition as authorized by law may be made, and diversion
may be ordered at a later date.
(c) Where a dual agency diversion program is ordered by the court,
the regional center shall submit a report to the probation
department on the defendant's progress in the diversion program not
less than every six months. Within five judicial days after
receiving the regional center's report, the probation department
shall submit its report on the defendant's progress in the diversion
program, with the full report of the regional center appended, to the
court and to the prosecutor. Where single agency diversion is
ordered by the court, the regional center alone shall report the
defendant's progress to the court and to the prosecutor not less than
every six months.


1001.24. No statement, or information procured therefrom, made by
the defendant to any probation officer, the prosecutor, or any
regional center designee during the course of the investigation
conducted by either the regional center or the probation department
pursuant to this chapter, and prior to the reporting to the probation
department of the regional center's findings of eligibility and
recommendations to the court, shall be admissible in any action or
proceeding brought subsequent to this investigation.



1001.25. No statement, or information procured therefrom, with
respect to the specific offense with which the defendant is charged,
which is made to a probation officer, a prosecutor, or a regional
center designee subsequent to the granting of diversion shall be
admissible in any action or proceeding brought subsequent to the
investigation.



1001.26. In the event that diversion is either denied or is
subsequently revoked once it has been granted, neither the probation
investigation nor the statements or other information divulged by the
defendant during the investigation by the probation department or
the regional center shall be used in any sentencing procedures.




1001.27. At such time as the defendant's case is diverted, any
bail, bond, or undertaking, or deposit in lieu thereof, on file or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.


1001.28. The period during which criminal proceedings against the
defendant may be diverted shall be no longer than two years. The
responsible agency or agencies shall file reports on the defendant's
progress in the diversion program with the court and with the
prosecutor not less than every six months.
(a) Where dual agency diversion has been ordered, the probation
department shall be responsible for the progress reports. The
probation department shall append to its own report a copy of the
regional center's assessment of the defendant's progress.
(b) Where single agency diversion has been ordered, the regional
center alone shall be responsible for the progress reports.



1001.29. If it appears that the divertee is not meeting the terms
and conditions of his or her diversion program, the court may hold a
hearing and amend such program to provide for greater supervision by
the responsible regional center alone, by the probation department
alone, or by both the regional center and the probation department.
However, notwithstanding any such modification of a diversion order,
the court may hold a hearing to determine whether the diverted
criminal proceedings should be reinstituted if it appears that the
divertee's performance in the diversion program is unsatisfactory, or
if the divertee is subsequently charged with a felony during the
period of diversion.
(a) In cases of dual agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated by either the
court, the prosecutor, the regional center, or the probation
department.
(b) In cases of single agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated only by the court,
the prosecutor, or the regional center.
(c) No hearing for either of these purposes shall be held unless
the moving agency or the court has given the divertee prior notice of
the hearing.
(d) Where the cause of the hearing is a subsequent charge of a
felony against the divertee subsequent to the diversion order, any
hearing to reinstitute the diverted criminal proceedings shall be
delayed until such time as probable cause has been established in
court to bind the defendant over for trial on the subsequently
charged felony.


1001.30. At any time during which the defendant is participating in
a diversion program, he or she may withdraw consent to further
participate in the diversion program, and at such time as such
consent is withdrawn, the suspended criminal proceedings may resume
or such other disposition may be made as is authorized by law.




1001.31. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the diversion period.



1001.32. Any record filed with the State Department of Justice
shall indicate the disposition of those cases diverted pursuant to
this chapter.


1001.33. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.



1001.34. Notwithstanding any other provision of law, the
diversion-related individual program plan shall be fully implemented
by the regional centers upon court order and approval of the
diversion-related treatment and habilitation plan.

[هيثم الفقى]

1001.40. Notwithstanding any other provision of law, a county
acting on behalf of one or more individual courts may by ordinance
establish a program that provides for pretrial diversion by the court
of any person issued a notice to appear for a traffic violation to
attend any traffic violator school licensed pursuant to Chapter 1.5
(commencing with Section 11200) of Division 5 of the Vehicle Code.

[هيثم الفقى]

1001.50. (a) Notwithstanding any other provision of law, this
chapter shall become operative in a county only if the board of
supervisors adopts the provisions of this chapter by ordinance.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.
(c) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.



1001.51. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading concerning the commission of a
misdemeanor, except a misdemeanor specified in subdivision (b), and
it appears to the court that all of the following apply to the
defendant:
(1) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(2) The defendant's record does not indicate that he has been
diverted pursuant to this chapter within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(3) The defendant has never been convicted of a felony, and has
not been convicted of a misdemeanor within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(b) This chapter shall not apply to any pretrial diversion or
posttrial program otherwise established by this code, nor shall this
chapter be deemed to authorize any pretrial diversion or posttrial
program for any person alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code.
(c) This chapter shall not apply whenever the accusatory pleading
charges the commission of a misdemeanor:
(1) For which incarceration would be mandatory upon conviction of
the defendant.
(2) For which registration would be required pursuant to Section
290 upon conviction of the defendant.
(3) Which the magistrate determines shall be prosecuted as a
misdemeanor pursuant to paragraph (5) of subdivision (b) of Section
17.
(4) Which involves the use of force or violence against a person,
unless the charge is of a violation of Section 241 or 243.
(5) For which the granting of probation is prohibited.
(6) Which is a driving offense punishable as a misdemeanor
pursuant to the Vehicle Code.



1001.52. (a) If the defendant consents and waives his right to a
speedy trial, the case shall be referred to the probation department.
The probation department shall conduct such investigation as is
necessary to determine whether the defendant qualifies for diversion
under subdivision (a) of Section 1001.51, and whether he or she is a
person who would be benefited by education, treatment or
rehabilitation. The probation department shall also determine which
educational, treatment or rehabilitative plan would benefit the
defendant. The probation department shall report its findings and
recommendation to the court. If the recommendation includes referral
to a community program, the report shall contain a statement
regarding the program's willingness to accept the defendant and the
manner in which the services they offer can assist the defendant in
completing the diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (b), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged, which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied, or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.




1001.53. The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if the defendant consents to further
proceedings under this chapter and waives his or her right to a
speedy trial. If the court orders a defendant to be diverted, the
court may make inquiry into the financial condition of the defendant,
and upon a finding that the defendant is able in whole or in part,
to pay the reasonable cost of diversion, the court may order him or
her to pay all or part of such expense. The reasonable cost of
diversion shall not exceed the amount determined to be the actual
average cost of diversion services.
If the court does not deem the defendant to be a person who would
be benefited by diversion, or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At such time that a defendant's case is diverted, any bail bond or
undertaking, or deposit in lieu thereof, on file by or on behalf of
the defendant shall be exonerated, and the court shall enter an order
so directing.
The period during which the further criminal proceedings against
the defendant may be diverted shall be for the length of time
required to complete and verify the diversion program but in no case
shall it exceed two years.


1001.54. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence is used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee is not
benefiting from diversion, or the court finds that the divertee has
been convicted of a crime as indicated above, the criminal case shall
be referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, at the end of the period of diversion, the
criminal charges shall be dismissed.



1001.55. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

1001.60. Upon the adoption of a resolution by the board of
supervisors declaring that there are sufficient funds available to
fund the program, the district attorney may create within his office
a diversion program pursuant to this chapter for persons who write
bad checks. For purposes of this chapter, "writing a bad check"
means making, drawing, uttering, or delivering any check or draft
upon any bank or depository for the payment of money where there is
probable cause to believe there has been a violation of Section 476a.
The program may be conducted by the district attorney or by a
private entity under contract with the district attorney.




1001.61. The district attorney may refer a bad check case to the
diversion program. Except as provided in Section 1001.64, this
chapter does not limit the power of the district attorney to
prosecute bad check complaints.


1001.62. On receipt of a bad check case, the district attorney
shall determine if the case is one which is appropriate to be
referred to the bad check diversion program. In determining whether
to refer a case to the bad check diversion program, the district
attorney shall consider, but is not limited to, all of the following:

(a) The amount of the bad check.
(b) If the person has a prior criminal record or has previously
been diverted.
(c) The number of bad check grievances against the person
previously received by the district attorney.
(d) Whether there are other bad check grievances currently pending
against the person.
(e) The strength of the evidence, if any, of intent to defraud the
victim.



1001.63. On referral of a bad check case to the diversion program,
a notice shall be forwarded by mail to the person alleged to have
written the bad check which contains all of the following:
(a) The date and amount of the bad check.
(b) The name of the payee.
(c) The date before which the person must contact the person
designated by the district attorney concerning the bad check.
(d) A statement of the penalty for issuance of a bad check.



1001.64. The district attorney may enter into a written agreement
with the person to forego prosecution on the bad check for a period
to be determined by the district attorney, not to exceed six months,
pending all of the following:
(a) Completion of a class or classes conducted by the district
attorney or private entity under contract with the district attorney.

(b) Full restitution being made to the victim of the bad check.
(c) Full payment of the collection fee, if any, specified in
Section 1001.65.



1001.65. (a) A district attorney may collect a fee if his or her
office collects and processes a bad check. The amount of the fee
shall not exceed thirty-five dollars ($35) for each bad check in
addition to the actual amount of any bank charges incurred by the
victim as a result of the offense.
(b) Notwithstanding subdivision (a), when a criminal complaint is
filed in a bad check case after the maker of the check fails to
comply with the terms of the bad check diversion program, the court,
after conviction, may impose a bad check collection fee for the
collection and processing efforts by the district attorney of not
more than thirty-five dollars ($35) for each bad check in addition to
the actual amount of any bank charges incurred by the victim as a
result of the offense, not to exceed one thousand dollars ($1,000) in
the aggregate. The court also may, as a condition of probation,
require a defendant to participate in and successfully complete a
check writing education class. If so required, the court shall make
inquiry into the financial condition of the defendant and, upon a
finding that the defendant is able in whole or part to pay the
expense of the education class, the court may order him or her to pay
for all or part of that expense.
(c) If the district attorney elects to collect any fee for bank
charges incurred by the victim pursuant to this section, that fee
shall be paid to the victim for any bank fees that the victim may
have been assessed. In no event shall reimbursement of a bank charge
to the victim pursuant to subdivision (a) or (b) exceed ten dollars
($10) per check.



1001.66. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a precomplaint
diversion program.


1001.67. No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion, and no statement, or information procured
therefrom, made by the defendant, subsequent to the granting of
diversion or while participating in the program, and no information
contained in any report made with respect thereto, and no statement
or other information concerning the defendant's participation in the
program shall be admissible in any action or proceeding.

[هيثم الفقى]

1001.70. (a) Every local prosecutor with jurisdiction to prosecute
violations of Section 272 shall review annually any diversion program
established pursuant to this chapter, and no program shall commence
or continue without the approval of the local prosecutor. No person
shall be diverted under a program unless it has been approved by the
local prosecutor. Nothing in this subdivision shall authorize the
prosecutor to determine whether a particular defendant shall be
diverted.
(b) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.



1001.71. This chapter shall apply whenever a case is before any
court upon an accusatory pleading alleging a parent or legal guardian
to have violated Section 272 with respect to his or her minor child,
and all of the following apply to the defendant:
(a) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(b) The defendant's record does not indicate that he or she has
previously been diverted pursuant to this chapter.



1001.72. (a) If the defendant consents and waives his or her right
to a speedy trial, the case shall be referred to the probation
department. The probation department shall conduct an investigation
as is necessary to determine whether the defendant qualifies for
diversion under this chapter, and whether he or she is a person who
would be benefited by education, treatment, or rehabilitation. The
probation department shall also determine which education, treatment,
or rehabilitative plan would benefit the defendant. The probation
department shall report its findings and recommendations to the
court. If the recommendation includes referral to a community
program, the report shall contain a statement regarding the program's
willingness to accept the defendant and the manner in which the
services they offer can assist the defendant in completing the
diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (a), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.



1001.73. The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if the defendant consents to further
proceedings under this chapter and waives his or her right to a
speedy trial. If the court orders a defendant to be diverted, the
court may make inquiry into the financial condition of the defendant,
and upon a finding that the defendant is able, in whole or in part,
to pay the reasonable cost of diversion, the court may order him or
her to pay all or part of the expense. The reasonable cost of
diversion shall not exceed the amount determined to be the actual
average cost of diversion services.
If the court does not deem the defendant to be a person who would
be benefited by diversion or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At the time that a defendant's case is diverted, any bail bond or
undertaking, or deposit in lieu thereof, on file by or on behalf of
the defendant shall be exonerated, and the court shall enter an order
so directing.
The period during which the further criminal proceedings against
the defendant may be diverted shall be for the length of time
required to complete and verify the diversion program but in no case
shall it exceed two years.


1001.74. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment, or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence was used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee has
been convicted of a crime as indicated above, the criminal case shall
be referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed.



1001.75. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for that offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that would result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

1001.90. (a) For all persons charged with a felony or misdemeanor
whose case is diverted by the court pursuant to this title, the court
shall impose on the defendant a diversion restitution fee in
addition to any other administrative fee provided or imposed under
the law. This fee shall not be imposed upon persons whose case is
diverted by the court pursuant to Chapter 2.8 (commencing with
Section 1001.20).
(b) The diversion restitution fee imposed pursuant to this section
shall be set at the discretion of the court and shall be
commensurate with the seriousness of the offense, but shall not be
less than one hundred dollars ($100), and not more than one thousand
dollars ($1,000).
(c) The diversion restitution fee shall be ordered regardless of
the defendant's present ability to pay. However, if the court finds
that there are compelling and extraordinary reasons, the court may
waive imposition of the fee. When the waiver is granted, the court
shall state on the record all reasons supporting the waiver. Except
as provided in this subdivision, the court shall impose the separate
and additional diversion restitution fee required by this section.
(d) In setting the amount of the diversion restitution fee in
excess of the one hundred dollar ($100) minimum, the court shall
consider any relevant factors, including, but not limited to, the
defendant's ability to pay, the seriousness and gravity of the
offense and the circumstances of its commission, any economic gain
derived by the defendant as a result of the crime, and the extent to
which any other person suffered any losses as a result of the crime.
Those losses may include pecuniary losses to the victim or his or
her dependents as well as intangible losses, such as psychological
harm caused by the crime. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating the lack of his or her ability
to pay. Express findings by the court as to the factors bearing on
the amount of the fee shall not be required. A separate hearing for
the diversion restitution fee shall not be required.
(e) The court shall not limit the ability of the state to enforce
the fee imposed by this section in the manner of a judgment in a
civil action. The court shall not modify the amount of this fee
except to correct an error in the setting of the amount of the fee
imposed.
(f) The fee imposed pursuant to this section shall be immediately
deposited in the Restitution Fund for use pursuant to Section 13967
of the Government Code.
(g) The board of supervisors of any county may impose a fee at its
discretion to cover the actual administrative costs of collection of
the restitution fee, not to exceed 10 percent of the amount ordered
to be paid. Any fee imposed pursuant to this subdivision shall be
deposited in the general fund of the county.
(h) The state shall pay the county agency responsible for
collecting the diversion restitution fee owed to the Restitution Fund
under this section, 10 percent of the funds so owed and collected by
the county agency and deposited in the Restitution Fund. This
payment shall be made only when the funds are deposited in the
Restitution Fund within 45 days of the end of the month in which the
funds are collected. Receiving 10 percent of the moneys collected as
being owed to the Restitution Fund shall be considered an incentive
for collection efforts and shall be used for furthering these
collection efforts. The 10 percent rebates shall be used to augment
the budgets for the county agencies responsible for collection of
funds owed to the Restitution Fund as provided in this section. The
10 percent rebates shall not be used to supplant county funding.
(i) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).

[هيثم الفقى]

1002. The only pleading on the part of the defendant is either a
demurrer or a plea.



1003. Both the demurrer and plea must be put in, in open Court,
either at the time of the arraignment or at such other time as may be
allowed to the defendant for that purpose.



1004. The defendant may demur to the accusatory pleading at any
time prior to the entry of a plea, when it appears upon the face
thereof either:
1. If an indictment, that the grand jury by which it was found had
no legal authority to inquire into the offense charged, or, if any
information or complaint that the court has no jurisdiction of the
offense charged therein;
2. That it does not substantially conform to the provisions of
Sections 950 and 952, and also Section 951 in case of an indictment
or information;
3. That more than one offense is charged, except as provided in
Section 954;
4. That the facts stated do not constitute a public offense;
5. That it contains matter which, if true, would constitute a
legal justification or excuse of the offense charged, or other legal
bar to the prosecution.



1005. The demurrer must be in writing, signed either by the
defendant or his counsel, and filed. It must distinctly specify the
grounds of objection to the accusatory pleading or it must be
disregarded.


1006. Upon the demurrer being filed, the argument upon the
objections presented thereby must be heard immediately, unless for
exceptional cause shown, the court shall grant a continuance. Such
continuance shall be for no longer time than the ends of justice
require, and the court shall enter in its minutes the facts requiring
it.



1007. Upon considering the demurrer, the court must make an order
either overruling or sustaining it. If the demurrer to an indictment
or information is overruled, the court must permit the defendant, at
the defendant's election, to plead, which the defendant must do
forthwith, unless the court extends the time. If the demurrer is
sustained, the court must, if the defect can be remedied by
amendment, permit the indictment or information to be amended, either
forthwith or within such time, not exceeding 10 days, as it may fix,
or, if the defect or insufficiency therein cannot be remedied by
amendment, the court may direct the filing of a new information or
the submission of the case to the same or another grand jury. If the
demurrer to a complaint is sustained, the court must, if the defect
can be remedied, permit the filing of an amended complaint within
such time not exceeding 10 days as it may fix. The orders made under
this section shall be entered in the docket or minutes of the court.



1008. If the demurrer is sustained, and no amendment of the
accusatory pleading is permitted, or, in case an amendment is
permitted, no amendment is made or amended pleading is filed within
the time fixed therefor, the action shall be dismissed, and, except
as provided in Section 1010, the court must order, if the defendant
is in custody, that he be discharged or if he has been admitted to
bail, that his bail be exonerated, or, if money or other property has
been deposited instead of bail for his appearance, that such money
or other property be refunded to him or to the person or persons
found by the court to have deposited such money or other property on
his behalf.



1009. An indictment, accusation or information may be amended by
the district attorney, and an amended complaint may be filed by the
prosecuting attorney, without leave of court at any time before the
defendant pleads or a demurrer to the original pleading is sustained.
The court in which an action is pending may order or permit an
amendment of an indictment, accusation or information, or the filing
of an amended complaint, for any defect or insufficiency, at any
stage of the proceedings, or if the defect in an indictment or
information be one that cannot be remedied by amendment, may order
the case submitted to the same or another grand jury, or a new
information to be filed. The defendant shall be required to plead to
such amendment or amended pleading forthwith, or, at the time fixed
for pleading, if the defendant has not yet pleaded and the trial or
other proceeding shall continue as if the pleading had been
originally filed as amended, unless the substantial rights of the
defendant would be prejudiced thereby, in which event a reasonable
postponement, not longer than the ends of justice require, may be
granted. An indictment or accusation cannot be amended so as to
change the offense charged, nor an information so as to charge an
offense not shown by the evidence taken at the preliminary
examination. A complaint cannot be amended to charge an offense not
attempted to be charged by the original complaint, except that
separate counts may be added which might properly have been joined in
the original complaint. The amended complaint must be verified but
may be verified by some person other than the one who made oath to
the original complaint.


1010. When an indictment or information is dismissed after the
sustaining of a demurrer, or at any other stage of the proceedings
because of any defect or insufficiency of the indictment or
information, if the court directs that the case be resubmitted to the
same or another grand jury or that a new information be filed, the
defendant shall not be discharged from custody, nor the defendant's
bail exonerated nor money or other property deposited instead of bail
on the defendant's behalf refunded, but the same proceedings must be
had on such direction as are prescribed in Sections 997 and 998.



1012. When any of the objections mentioned in Section 1004 appears
on the face of the accusatory pleading, it can be taken only by
demurrer, and failure so to take it shall be deemed a waiver thereof,
except that the objection to the jurisdiction of the court and the
objection that the facts stated do not constitute a public offense
may be taken by motion in arrest of judgment.

[هيثم الفقى]

1000.12. (a) It is the intent of the Legislature that nothing in
this chapter deprive a prosecuting attorney of the ability to
prosecute any person who is suspected of committing any crime in
which a minor is a victim of an act of physical abuse or neglect to
the fullest extent of the law, if the prosecuting attorney so
chooses.
(b) In lieu of prosecuting a person suspected of committing any
crime, involving a minor victim, of an act of physical abuse or
neglect, the prosecuting attorney may refer that person to the county
department in charge of public social services or the probation
department for counseling or psychological treatment and such other
services as the department deems necessary. The prosecuting attorney
shall seek the advice of the county department in charge of public
social services or the probation department in determining whether or
not to make the referral.
(c) This section shall not apply to any person who is charged with
***ual abuse or molestation of a minor victim, or any ***ual offense
involving force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the minor victim or another person.



1000.17. If the person is referred pursuant to this chapter he or
she shall be responsible for paying the administrative cost of the
referral and the expense of such counseling as determined by the
county department responsible for public social services or the
probation department. The administrative cost of the referral shall
not exceed one hundred dollars ($100) for any person referred
pursuant to this chapter for an offense punishable as a felony and
shall not exceed fifty dollars ($50) for any person referred pursuant
to the chapter for an offense punishable as a misdemeanor. The
department shall take into consideration the ability of the referred
party to pay and no such person shall be denied counseling services
because of his or her inability to pay.

[هيثم الفقى]

1001. It is the intent of the Legislature that neither this
chapter, Chapter 2.5 (commencing with Section 1000) of this title,
nor any other provision of law be construed to preempt other current
or future pretrial or precomplaint diversion programs. It is also
the intent of the Legislature that current or future posttrial
diversion programs not be preempted, except as provided in Section
13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.11,
inclusive, of this chapter shall apply only to pretrial diversion
programs as defined in Section 1001.1.



1001.1. As used in Sections 1001.2 to 1001.11, inclusive, of this
chapter, pretrial diversion refers to the procedure of postponing
prosecution of an offense filed as a misdemeanor either temporarily
or permanently at any point in the judicial process from the point at
which the accused is charged until adjudication.




1001.2. (a) This chapter shall not apply to any pretrial diversion
or posttrial programs for the treatment of problem drinking or
alcoholism utilized for persons convicted of one or more offenses
under Section 23152 or 23153 or former Section 23102 of the Vehicle
Code or to pretrial diversion programs established pursuant to
Chapter 2.5 (commencing with Section 1000) of this title nor shall
this chapter be deemed to authorize any pretrial diversion or
posttrial programs for persons alleged to have committed violation of
Section 23152 or 23153 of the Vehicle Code.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.



1001.3. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
diversion program.


1001.4. A divertee is entitled to a hearing, as set forth by law,
before his or her pretrial diversion can be terminated for cause.



1001.5. No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion, and no statement, or information procured
therefrom, made by the defendant, subsequent to the granting of
diversion or while participating in such program, and no information
contained in any report made with respect thereto, and no statement
or other information concerning the defendant's participation in such
program shall be admissible in any action or proceeding. However,
if a divertee is recommended for termination for cause, information
regarding his or her participation in such program may be used for
purposes of the termination proceedings.


1001.6. At such time that a defendant's case is diverted, any bail
bond or undertaking, or deposit in lieu thereof, on file by or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.


1001.7. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the period of diversion.



1001.8. Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
chapter.


1001.9. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

AIDS PREVENTION PROGRAM IN DRUG ABUSE AND
PROSTITUTION CASES

1001.10. (a) The judge shall require any person described in
subdivision (b), as a condition of either placing the person on
probation or of permitting the person to participate in a drug
diversion program to agree to participate in an AIDS education
program. Testing for AIDS antibodies shall be offered but no person
described in subdivision (b) shall be required to be tested.
(b) This section shall apply to any person who has either been
placed on probation or granted diversion for, any of the following:
(1) A violation of subdivision (a) of Section 11350 of the Health
and Safety Code, subdivision (a) of Section 11377 of the Health and
Safety Code, Section 11550 of the Health and Safety Code, Section
4143 or 4149 of the Business and Professions Code, or of subdivision
(f) of Section 647 if the offense involves intravenous use of a
controlled substance.
(2) A violation of subdivision (a) or (b) of Section 647.



1001.11. (a) The health department in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education to those persons sentenced to probation or a drug
diversion program in accordance with Section 1001.10. The health
department shall endeavor to select an agency, or agencies, that
currently provide AIDS prevention education programs to substance
abusers or prostitutes. If no agency is currently providing this
education, the county agency responsible for substance abuse shall
develop an AIDS prevention education program either within the agency
or under contract with a community-based, nonprofit organization in
the county. The health department shall forward to the courts a list
of agencies selected for purposes of referral in accordance with
Section 1001.10. Reimbursement for the costs of implementing this
section shall be made out of moneys deposited with the county
treasurer in accordance with Section 1463.23.
(b) An AIDS prevention education program providing services
pursuant to subdivision (a) shall, at a minimum, include details
about the transmission of human immunodeficiency virus (HIV), the
etiologic agent for AIDS, symptoms of AIDS or AIDS-related
conditions, prevention through avoidance or cleaning of needles,
***ual practices which constitute high risk, low risk, and no risk
(including abstinence), and resources for assistance if the person
decides to take a test for the etiologic agent for AIDS and receives
a positive test result. The program shall also include other
relevant medical and prevention information as it becomes available.

(c) A person sentenced to a drug diversion program pursuant to
Section 1001.10 shall not be required to participate in an AIDS
prevention education program, provided that the drug diversion
program includes an AIDS prevention education component that meets
the requirements of subdivision (b).

[هيثم الفقى]

1001.15. (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a felony to cover the actual cost
of any criminalistics laboratory analysis, the actual cost of
processing a request or application for diversion, and the actual
cost of supervising the divertee pursuant to Chapter 2.5 (commencing
with Section 1000), not to exceed five hundred dollars ($500). The
fee shall be payable at the time of enrollment in the diversion
program. The court shall take into consideration the defendant's
ability to pay, and no defendant shall be denied diversion because of
his or her inability to pay.
(b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances, and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
(c) In addition to the fees authorized or required by other
provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of an act charged as, or reduced to,
a misdemeanor to cover the actual cost of processing a request or
application for diversion pursuant to Chapter 2.6 (commencing with
Section 1000.6), the actual costs of reporting to the court on a
defendant's eligibility and suitability for diversion, the actual
cost of supervising the divertee, and for the actual costs of
performing any duties required pursuant to Section 1000.9, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The fee shall be
determined on a sliding scale according to the defendant's ability to
pay, and no defendant shall be denied diversion because of his or
her inability to pay.
(d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
(e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).



1001.16. (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a misdemeanor to cover the actual
cost of any criminalistics laboratory analysis in a case involving a
violation of the California Uniform Controlled Substances Act under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, the actual cost of processing a request or application for
diversion, and the actual cost of supervising the divertee, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The court shall take
into consideration the defendant's ability to pay, and no defendant
shall be denied diversion because of his or her inability to pay.
(b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with, a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
(c) This section shall apply to all deferred entry of judgment and
misdemeanor pretrial diversion programs established pursuant to this
title.
(d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
(e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).

[هيثم الفقى]

DIVERSION OF DEFENDANTS WITH COGNITIVE
DEVELOPMENTAL DISABILITIES

1001.20. As used in this chapter:
(a) "Cognitive Developmental Disability" means any of the
following:
(1) "Mental retardation," meaning a condition of significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the
developmental period.
(2) "Autism," meaning a diagnosed condition of markedly abnormal
or impaired development in social interaction, in communication, or
in both, with a markedly restricted repertoire of activity and
interests.
(3) Disabling conditions found to be closely related to mental
retardation or autism, or that require treatment similar to that
required for individuals with mental retardation or autism, and that
would qualify an individual for services provided under the Lanterman
Developmental Disabilities Services Act.
(b) "Diversion-related treatment and habilitation" means, but is
not limited to, specialized services or special adaptations of
generic services, directed towards the alleviation of cognitive
developmental disability or towards social, personal, physical, or
economic habilitation or rehabilitation of an individual with a
cognitive developmental disability, and includes, but is not limited
to, diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, sheltered
employment, mental health services, recreation, counseling of the
individual with this disability and of his or her family, protective
and other social and socio-legal services, information and referral
services, follow-along services, and transportation services
necessary to assure delivery of services to persons with cognitive
developmental disabilities.
(c) "Regional center" means a regional center for the
developmentally disabled established under the Lanterman
Developmental Disabilities Services Act that is organized as a
private nonprofit community agency to plan, purchase, and coordinate
the delivery of services which cannot be provided by state agencies
to developmentally disabled persons residing in a particular
geographic catchment area, and which is licensed and funded by the
State Department of Developmental Services.
(d) "Director of a regional center" means the executive director
of a regional center for the developmentally disabled or his or her
designee.
(e) "Agency" means the prosecutor, the probation department, and
the regional center involved in a particular defendant's case.
(f) "Dual agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered jointly by the regional center and by the probation
department, which is individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
(g) "Single agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered solely by the regional center without involvement by the
probation department, which is individually tailored to the needs of
the defendant as derived from the defendant's individual program
plan pursuant to Section 4646 of the Welfare and Institutions Code,
and which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.



1001.21. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading at any stage of the criminal
proceedings, for any person who has been evaluated by a regional
center for the developmentally disabled and who is determined to be a
person with a cognitive developmental disability by the regional
center, and who therefore is eligible for its services.
(b) This chapter applies to any offense which is charged as or
reduced to a misdemeanor, except that diversion shall not be ordered
when the defendant previously has been diverted under this chapter
within two years prior to the present criminal proceedings.
(c) This chapter shall apply to persons who have a condition
described in paragraph (2) or (3) of subdivision (a) of Section
1001.20 only if that person was a client of a regional center at the
time of the offense for which he or she is charged.



1001.22. The court shall consult with the prosecutor, the defense
counsel, the probation department, and the appropriate regional
center in order to determine whether a defendant may be diverted
pursuant to this chapter. If the defendant is not represented by
counsel, the court shall appoint counsel to represent the defendant.
When the court suspects that a defendant may have a cognitive
developmental disability, as defined in subdivision (a) of Section
1001.20, and the defendant consents to the diversion process and to
his or her case being evaluated for eligibility for regional center
services, and waives his or her right to a speedy trial, the court
shall order the prosecutor, the probation department, and the
regional center to prepare reports on specified aspects of the
defendant's case. Each report shall be prepared concurrently.
(a) The regional center shall submit a report to the probation
department within 25 judicial days of the court's order. The
regional center's report shall include a determination as to whether
the defendant has a cognitive developmental disability and is
eligible for regional center diversion-related treatment and
habilitation services, and the regional center shall also submit to
the court a proposed diversion program, individually tailored to the
needs of the defendant as derived from the defendant's individual
program plan pursuant to Section 4646 of the Welfare and Institutions
Code, which shall include, but not be limited to, treatment
addressed to the criminal offense charged for a period of time as
prescribed in Section 1001.28. The regional center's report shall
also contain a statement whether such a proposed program is available
for the defendant through the treatment and habilitation services of
the regional centers pursuant to Section 4648 of the Welfare and
Institutions Code.
(b) The prosecutor shall submit a report on specified aspects of
the defendant's case, within 30 judicial days of the court's order,
to the court, to each of the other agencies involved in the case, and
to the defendant. The prosecutor's report shall include all of the
following:
(1) A statement of whether the defendant's record indicates the
defendant's diversion pursuant to this chapter within two years prior
to the alleged commission of the charged divertible offense.
(2) If the prosecutor recommends that this chapter may be
applicable to the defendant, he or she shall recommend either a dual
or single agency diversion program and shall advise the court, the
probation department, the regional center, and the defendant, in
writing, of that determination within 20 judicial days of the court's
order to prepare the report.
(3) If the prosecutor recommends against diversion, the prosecutor'
s report shall include a declaration in writing to state for the
record the grounds upon which the recommendation was made, and the
court shall determine, pursuant to Section 1001.23, whether the
defendant shall be diverted.
(4) If dual agency diversion is recommended by the prosecutor, a
copy of the prosecutor's report shall also be provided by the
prosecutor to the probation department, the regional center, and the
defendant within the above prescribed time period. This notification
shall include all of the following:
(A) A full description of the proceedings for diversion and the
prosecutor's investigation procedures.
(B) A general explanation of the role and authority of the
probation department, the prosecutor, the regional center, and the
court in the diversion program process.
(C) A clear statement that the court may decide in a hearing not
to divert the defendant and that he or she may have to stand trial
for the alleged offense.
(D) A clear statement that should the defendant fail in meeting
the terms of his or her diversion, or if, during the period of
diversion the defendant is subsequently charged with a felony, the
defendant may be required, after a hearing, to stand trial for the
original diverted offense.
(c) The probation department shall submit a report on specified
aspects of the defendant's case within 30 judicial days of the court'
s order, to the court, to each of the other agencies involved in the
case, and to the defendant. The probation department's report to the
court shall be based upon an investigation by the probation
department and consideration of the defendant's age, cognitive
developmental disability, employment record, educational background,
ties to community agencies and family, treatment history, criminal
record if any, and demonstrable motivation and other mitigating
factors in determining whether the defendant is a person who would
benefit from a diversion-related treatment and habilitation program.
The regional center's report in full shall be appended to the
probation department's report to the court.



1001.23. (a) Upon the court's receipt of the reports from the
prosecutor, the probation department, and the regional center, and a
determination by the regional center that the defendant does not have
a cognitive developmental disability, the criminal proceedings for
the offense charged shall proceed. If the defendant is found to have
a cognitive developmental disability and to be eligible for regional
center services, and the court determines from the various reports
submitted to it that the proposed diversion program is acceptable to
the court, the prosecutor, the probation department, and the regional
center, and if the defendant consents to diversion and waives his or
her right to a speedy trial, the court may order, without a hearing,
that the diversion program be implemented for a period of time as
prescribed in Section 1001.28.
(b) After consideration of the probation department's report, the
report of the regional center, and the report of the prosecutor
relating to his or her recommendation for or against diversion, and
any other relevant information, the court shall determine if the
defendant shall be diverted under either dual or single agency
supervision, and referred for habilitation or rehabilitation
diversion pursuant to this chapter. If the court does not deem the
defendant a person who would benefit by diversion at the time of the
hearing, the suspended criminal proceedings may be reinstituted, or
any other disposition as authorized by law may be made, and diversion
may be ordered at a later date.
(c) Where a dual agency diversion program is ordered by the court,
the regional center shall submit a report to the probation
department on the defendant's progress in the diversion program not
less than every six months. Within five judicial days after
receiving the regional center's report, the probation department
shall submit its report on the defendant's progress in the diversion
program, with the full report of the regional center appended, to the
court and to the prosecutor. Where single agency diversion is
ordered by the court, the regional center alone shall report the
defendant's progress to the court and to the prosecutor not less than
every six months.


1001.24. No statement, or information procured therefrom, made by
the defendant to any probation officer, the prosecutor, or any
regional center designee during the course of the investigation
conducted by either the regional center or the probation department
pursuant to this chapter, and prior to the reporting to the probation
department of the regional center's findings of eligibility and
recommendations to the court, shall be admissible in any action or
proceeding brought subsequent to this investigation.



1001.25. No statement, or information procured therefrom, with
respect to the specific offense with which the defendant is charged,
which is made to a probation officer, a prosecutor, or a regional
center designee subsequent to the granting of diversion shall be
admissible in any action or proceeding brought subsequent to the
investigation.



1001.26. In the event that diversion is either denied or is
subsequently revoked once it has been granted, neither the probation
investigation nor the statements or other information divulged by the
defendant during the investigation by the probation department or
the regional center shall be used in any sentencing procedures.




1001.27. At such time as the defendant's case is diverted, any
bail, bond, or undertaking, or deposit in lieu thereof, on file or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.


1001.28. The period during which criminal proceedings against the
defendant may be diverted shall be no longer than two years. The
responsible agency or agencies shall file reports on the defendant's
progress in the diversion program with the court and with the
prosecutor not less than every six months.
(a) Where dual agency diversion has been ordered, the probation
department shall be responsible for the progress reports. The
probation department shall append to its own report a copy of the
regional center's assessment of the defendant's progress.
(b) Where single agency diversion has been ordered, the regional
center alone shall be responsible for the progress reports.



1001.29. If it appears that the divertee is not meeting the terms
and conditions of his or her diversion program, the court may hold a
hearing and amend such program to provide for greater supervision by
the responsible regional center alone, by the probation department
alone, or by both the regional center and the probation department.
However, notwithstanding any such modification of a diversion order,
the court may hold a hearing to determine whether the diverted
criminal proceedings should be reinstituted if it appears that the
divertee's performance in the diversion program is unsatisfactory, or
if the divertee is subsequently charged with a felony during the
period of diversion.
(a) In cases of dual agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated by either the
court, the prosecutor, the regional center, or the probation
department.
(b) In cases of single agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated only by the court,
the prosecutor, or the regional center.
(c) No hearing for either of these purposes shall be held unless
the moving agency or the court has given the divertee prior notice of
the hearing.
(d) Where the cause of the hearing is a subsequent charge of a
felony against the divertee subsequent to the diversion order, any
hearing to reinstitute the diverted criminal proceedings shall be
delayed until such time as probable cause has been established in
court to bind the defendant over for trial on the subsequently
charged felony.


1001.30. At any time during which the defendant is participating in
a diversion program, he or she may withdraw consent to further
participate in the diversion program, and at such time as such
consent is withdrawn, the suspended criminal proceedings may resume
or such other disposition may be made as is authorized by law.




1001.31. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the diversion period.



1001.32. Any record filed with the State Department of Justice
shall indicate the disposition of those cases diverted pursuant to
this chapter.


1001.33. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.



1001.34. Notwithstanding any other provision of law, the
diversion-related individual program plan shall be fully implemented
by the regional centers upon court order and approval of the
diversion-related treatment and habilitation plan.

[هيثم الفقى]

PRETRIAL DIVERSION OF TRAFFIC VIOLATORS
1001.40. Notwithstanding any other provision of law, a county
acting on behalf of one or more individual courts may by ordinance
establish a program that provides for pretrial diversion by the court
of any person issued a notice to appear for a traffic violation to
attend any traffic violator school licensed pursuant to Chapter 1.5
(commencing with Section 11200) of Division 5 of the Vehicle Code.

[هيثم الفقى]

DIVERSION OF MISDEMEANOR OFFENDERS


1001.50. (a) Notwithstanding any other provision of law, this
chapter shall become operative in a county only if the board of
supervisors adopts the provisions of this chapter by ordinance.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.
(c) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.



1001.51. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading concerning the commission of a
misdemeanor, except a misdemeanor specified in subdivision (b), and
it appears to the court that all of the following apply to the
defendant:
(1) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(2) The defendant's record does not indicate that he has been
diverted pursuant to this chapter within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(3) The defendant has never been convicted of a felony, and has
not been convicted of a misdemeanor within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(b) This chapter shall not apply to any pretrial diversion or
posttrial program otherwise established by this code, nor shall this
chapter be deemed to authorize any pretrial diversion or posttrial
program for any person alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code.
(c) This chapter shall not apply whenever the accusatory pleading
charges the commission of a misdemeanor:
(1) For which incarceration would be mandatory upon conviction of
the defendant.
(2) For which registration would be required pursuant to Section
290 upon conviction of the defendant.
(3) Which the magistrate determines shall be prosecuted as a
misdemeanor pursuant to paragraph (5) of subdivision (b) of Section
17.
(4) Which involves the use of force or violence against a person,
unless the charge is of a violation of Section 241 or 243.
(5) For which the granting of probation is prohibited.
(6) Which is a driving offense punishable as a misdemeanor
pursuant to the Vehicle Code.



1001.52. (a) If the defendant consents and waives his right to a
speedy trial, the case shall be referred to the probation department.
The probation department shall conduct such investigation as is
necessary to determine whether the defendant qualifies for diversion
under subdivision (a) of Section 1001.51, and whether he or she is a
person who would be benefited by education, treatment or
rehabilitation. The probation department shall also determine which
educational, treatment or rehabilitative plan would benefit the
defendant. The probation department shall report its findings and
recommendation to the court. If the recommendation includes referral
to a community program, the report shall contain a statement
regarding the program's willingness to accept the defendant and the
manner in which the services they offer can assist the defendant in
completing the diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (b), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged, which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied, or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.




1001.53. The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if the defendant consents to further
proceedings under this chapter and waives his or her right to a
speedy trial. If the court orders a defendant to be diverted, the
court may make inquiry into the financial condition of the defendant,
and upon a finding that the defendant is able in whole or in part,
to pay the reasonable cost of diversion, the court may order him or
her to pay all or part of such expense. The reasonable cost of
diversion shall not exceed the amount determined to be the actual
average cost of diversion services.
If the court does not deem the defendant to be a person who would
be benefited by diversion, or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At such time that a defendant's case is diverted, any bail bond or
undertaking, or deposit in lieu thereof, on file by or on behalf of
the defendant shall be exonerated, and the court shall enter an order
so directing.
The period during which the further criminal proceedings against
the defendant may be diverted shall be for the length of time
required to complete and verify the diversion program but in no case
shall it exceed two years.


1001.54. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence is used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee is not
benefiting from diversion, or the court finds that the divertee has
been convicted of a crime as indicated above, the criminal case shall
be referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, at the end of the period of diversion, the
criminal charges shall be dismissed.



1001.55. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

1001.60. Upon the adoption of a resolution by the board of
supervisors declaring that there are sufficient funds available to
fund the program, the district attorney may create within his office
a diversion program pursuant to this chapter for persons who write
bad checks. For purposes of this chapter, "writing a bad check"
means making, drawing, uttering, or delivering any check or draft
upon any bank or depository for the payment of money where there is
probable cause to believe there has been a violation of Section 476a.
The program may be conducted by the district attorney or by a
private entity under contract with the district attorney.




1001.61. The district attorney may refer a bad check case to the
diversion program. Except as provided in Section 1001.64, this
chapter does not limit the power of the district attorney to
prosecute bad check complaints.


1001.62. On receipt of a bad check case, the district attorney
shall determine if the case is one which is appropriate to be
referred to the bad check diversion program. In determining whether
to refer a case to the bad check diversion program, the district
attorney shall consider, but is not limited to, all of the following:

(a) The amount of the bad check.
(b) If the person has a prior criminal record or has previously
been diverted.
(c) The number of bad check grievances against the person
previously received by the district attorney.
(d) Whether there are other bad check grievances currently pending
against the person.
(e) The strength of the evidence, if any, of intent to defraud the
victim.



1001.63. On referral of a bad check case to the diversion program,
a notice shall be forwarded by mail to the person alleged to have
written the bad check which contains all of the following:
(a) The date and amount of the bad check.
(b) The name of the payee.
(c) The date before which the person must contact the person
designated by the district attorney concerning the bad check.
(d) A statement of the penalty for issuance of a bad check.



1001.64. The district attorney may enter into a written agreement
with the person to forego prosecution on the bad check for a period
to be determined by the district attorney, not to exceed six months,
pending all of the following:
(a) Completion of a class or classes conducted by the district
attorney or private entity under contract with the district attorney.

(b) Full restitution being made to the victim of the bad check.
(c) Full payment of the collection fee, if any, specified in
Section 1001.65.



1001.65. (a) A district attorney may collect a fee if his or her
office collects and processes a bad check. The amount of the fee
shall not exceed thirty-five dollars ($35) for each bad check in
addition to the actual amount of any bank charges incurred by the
victim as a result of the offense.
(b) Notwithstanding subdivision (a), when a criminal complaint is
filed in a bad check case after the maker of the check fails to
comply with the terms of the bad check diversion program, the court,
after conviction, may impose a bad check collection fee for the
collection and processing efforts by the district attorney of not
more than thirty-five dollars ($35) for each bad check in addition to
the actual amount of any bank charges incurred by the victim as a
result of the offense, not to exceed one thousand dollars ($1,000) in
the aggregate. The court also may, as a condition of probation,
require a defendant to participate in and successfully complete a
check writing education class. If so required, the court shall make
inquiry into the financial condition of the defendant and, upon a
finding that the defendant is able in whole or part to pay the
expense of the education class, the court may order him or her to pay
for all or part of that expense.
(c) If the district attorney elects to collect any fee for bank
charges incurred by the victim pursuant to this section, that fee
shall be paid to the victim for any bank fees that the victim may
have been assessed. In no event shall reimbursement of a bank charge
to the victim pursuant to subdivision (a) or (b) exceed ten dollars
($10) per check.



1001.66. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a precomplaint
diversion program.


1001.67. No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion, and no statement, or information procured
therefrom, made by the defendant, subsequent to the granting of
diversion or while participating in the program, and no information
contained in any report made with respect thereto, and no statement
or other information concerning the defendant's participation in the
program shall be admissible in any action or proceeding.

[هيثم الفقى]

1001.70. (a) Every local prosecutor with jurisdiction to prosecute
violations of Section 272 shall review annually any diversion program
established pursuant to this chapter, and no program shall commence
or continue without the approval of the local prosecutor. No person
shall be diverted under a program unless it has been approved by the
local prosecutor. Nothing in this subdivision shall authorize the
prosecutor to determine whether a particular defendant shall be
diverted.
(b) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.



1001.71. This chapter shall apply whenever a case is before any
court upon an accusatory pleading alleging a parent or legal guardian
to have violated Section 272 with respect to his or her minor child,
and all of the following apply to the defendant:
(a) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(b) The defendant's record does not indicate that he or she has
previously been diverted pursuant to this chapter.



1001.72. (a) If the defendant consents and waives his or her right
to a speedy trial, the case shall be referred to the probation
department. The probation department shall conduct an investigation
as is necessary to determine whether the defendant qualifies for
diversion under this chapter, and whether he or she is a person who
would be benefited by education, treatment, or rehabilitation. The
probation department shall also determine which education, treatment,
or rehabilitative plan would benefit the defendant. The probation
department shall report its findings and recommendations to the
court. If the recommendation includes referral to a community
program, the report shall contain a statement regarding the program's
willingness to accept the defendant and the manner in which the
services they offer can assist the defendant in completing the
diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (a), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.



1001.73. The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if the defendant consents to further
proceedings under this chapter and waives his or her right to a
speedy trial. If the court orders a defendant to be diverted, the
court may make inquiry into the financial condition of the defendant,
and upon a finding that the defendant is able, in whole or in part,
to pay the reasonable cost of diversion, the court may order him or
her to pay all or part of the expense. The reasonable cost of
diversion shall not exceed the amount determined to be the actual
average cost of diversion services.
If the court does not deem the defendant to be a person who would
be benefited by diversion or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At the time that a defendant's case is diverted, any bail bond or
undertaking, or deposit in lieu thereof, on file by or on behalf of
the defendant shall be exonerated, and the court shall enter an order
so directing.
The period during which the further criminal proceedings against
the defendant may be diverted shall be for the length of time
required to complete and verify the diversion program but in no case
shall it exceed two years.


1001.74. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment, or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence was used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee has
been convicted of a crime as indicated above, the criminal case shall
be referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed.



1001.75. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for that offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that would result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.

[هيثم الفقى]

1001.90. (a) For all persons charged with a felony or misdemeanor
whose case is diverted by the court pursuant to this title, the court
shall impose on the defendant a diversion restitution fee in
addition to any other administrative fee provided or imposed under
the law. This fee shall not be imposed upon persons whose case is
diverted by the court pursuant to Chapter 2.8 (commencing with
Section 1001.20).
(b) The diversion restitution fee imposed pursuant to this section
shall be set at the discretion of the court and shall be
commensurate with the seriousness of the offense, but shall not be
less than one hundred dollars ($100), and not more than one thousand
dollars ($1,000).
(c) The diversion restitution fee shall be ordered regardless of
the defendant's present ability to pay. However, if the court finds
that there are compelling and extraordinary reasons, the court may
waive imposition of the fee. When the waiver is granted, the court
shall state on the record all reasons supporting the waiver. Except
as provided in this subdivision, the court shall impose the separate
and additional diversion restitution fee required by this section.
(d) In setting the amount of the diversion restitution fee in
excess of the one hundred dollar ($100) minimum, the court shall
consider any relevant factors, including, but not limited to, the
defendant's ability to pay, the seriousness and gravity of the
offense and the circumstances of its commission, any economic gain
derived by the defendant as a result of the crime, and the extent to
which any other person suffered any losses as a result of the crime.
Those losses may include pecuniary losses to the victim or his or
her dependents as well as intangible losses, such as psychological
harm caused by the crime. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating the lack of his or her ability
to pay. Express findings by the court as to the factors bearing on
the amount of the fee shall not be required. A separate hearing for
the diversion restitution fee shall not be required.
(e) The court shall not limit the ability of the state to enforce
the fee imposed by this section in the manner of a judgment in a
civil action. The court shall not modify the amount of this fee
except to correct an error in the setting of the amount of the fee
imposed.
(f) The fee imposed pursuant to this section shall be immediately
deposited in the Restitution Fund for use pursuant to Section 13967
of the Government Code.
(g) The board of supervisors of any county may impose a fee at its
discretion to cover the actual administrative costs of collection of
the restitution fee, not to exceed 10 percent of the amount ordered
to be paid. Any fee imposed pursuant to this subdivision shall be
deposited in the general fund of the county.
(h) The state shall pay the county agency responsible for
collecting the diversion restitution fee owed to the Restitution Fund
under this section, 10 percent of the funds so owed and collected by
the county agency and deposited in the Restitution Fund. This
payment shall be made only when the funds are deposited in the
Restitution Fund within 45 days of the end of the month in which the
funds are collected. Receiving 10 percent of the moneys collected as
being owed to the Restitution Fund shall be considered an incentive
for collection efforts and shall be used for furthering these
collection efforts. The 10 percent rebates shall be used to augment
the budgets for the county agencies responsible for collection of
funds owed to the Restitution Fund as provided in this section. The
10 percent rebates shall not be used to supplant county funding.
(i) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).

[هيثم الفقى]

1002. The only pleading on the part of the defendant is either a
demurrer or a plea.



1003. Both the demurrer and plea must be put in, in open Court,
either at the time of the arraignment or at such other time as may be
allowed to the defendant for that purpose.



1004. The defendant may demur to the accusatory pleading at any
time prior to the entry of a plea, when it appears upon the face
thereof either:
1. If an indictment, that the grand jury by which it was found had
no legal authority to inquire into the offense charged, or, if any
information or complaint that the court has no jurisdiction of the
offense charged therein;
2. That it does not substantially conform to the provisions of
Sections 950 and 952, and also Section 951 in case of an indictment
or information;
3. That more than one offense is charged, except as provided in
Section 954;
4. That the facts stated do not constitute a public offense;
5. That it contains matter which, if true, would constitute a
legal justification or excuse of the offense charged, or other legal
bar to the prosecution.



1005. The demurrer must be in writing, signed either by the
defendant or his counsel, and filed. It must distinctly specify the
grounds of objection to the accusatory pleading or it must be
disregarded.


1006. Upon the demurrer being filed, the argument upon the
objections presented thereby must be heard immediately, unless for
exceptional cause shown, the court shall grant a continuance. Such
continuance shall be for no longer time than the ends of justice
require, and the court shall enter in its minutes the facts requiring
it.



1007. Upon considering the demurrer, the court must make an order
either overruling or sustaining it. If the demurrer to an indictment
or information is overruled, the court must permit the defendant, at
the defendant's election, to plead, which the defendant must do
forthwith, unless the court extends the time. If the demurrer is
sustained, the court must, if the defect can be remedied by
amendment, permit the indictment or information to be amended, either
forthwith or within such time, not exceeding 10 days, as it may fix,
or, if the defect or insufficiency therein cannot be remedied by
amendment, the court may direct the filing of a new information or
the submission of the case to the same or another grand jury. If the
demurrer to a complaint is sustained, the court must, if the defect
can be remedied, permit the filing of an amended complaint within
such time not exceeding 10 days as it may fix. The orders made under
this section shall be entered in the docket or minutes of the court.



1008. If the demurrer is sustained, and no amendment of the
accusatory pleading is permitted, or, in case an amendment is
permitted, no amendment is made or amended pleading is filed within
the time fixed therefor, the action shall be dismissed, and, except
as provided in Section 1010, the court must order, if the defendant
is in custody, that he be discharged or if he has been admitted to
bail, that his bail be exonerated, or, if money or other property has
been deposited instead of bail for his appearance, that such money
or other property be refunded to him or to the person or persons
found by the court to have deposited such money or other property on
his behalf.



1009. An indictment, accusation or information may be amended by
the district attorney, and an amended complaint may be filed by the
prosecuting attorney, without leave of court at any time before the
defendant pleads or a demurrer to the original pleading is sustained.
The court in which an action is pending may order or permit an
amendment of an indictment, accusation or information, or the filing
of an amended complaint, for any defect or insufficiency, at any
stage of the proceedings, or if the defect in an indictment or
information be one that cannot be remedied by amendment, may order
the case submitted to the same or another grand jury, or a new
information to be filed. The defendant shall be required to plead to
such amendment or amended pleading forthwith, or, at the time fixed
for pleading, if the defendant has not yet pleaded and the trial or
other proceeding shall continue as if the pleading had been
originally filed as amended, unless the substantial rights of the
defendant would be prejudiced thereby, in which event a reasonable
postponement, not longer than the ends of justice require, may be
granted. An indictment or accusation cannot be amended so as to
change the offense charged, nor an information so as to charge an
offense not shown by the evidence taken at the preliminary
examination. A complaint cannot be amended to charge an offense not
attempted to be charged by the original complaint, except that
separate counts may be added which might properly have been joined in
the original complaint. The amended complaint must be verified but
may be verified by some person other than the one who made oath to
the original complaint.


1010. When an indictment or information is dismissed after the
sustaining of a demurrer, or at any other stage of the proceedings
because of any defect or insufficiency of the indictment or
information, if the court directs that the case be resubmitted to the
same or another grand jury or that a new information be filed, the
defendant shall not be discharged from custody, nor the defendant's
bail exonerated nor money or other property deposited instead of bail
on the defendant's behalf refunded, but the same proceedings must be
had on such direction as are prescribed in Sections 997 and 998.



1012. When any of the objections mentioned in Section 1004 appears
on the face of the accusatory pleading, it can be taken only by
demurrer, and failure so to take it shall be deemed a waiver thereof,
except that the objection to the jurisdiction of the court and the
objection that the facts stated do not constitute a public offense
may be taken by motion in arrest of judgment.

[هيثم الفقى]

1016. There are six kinds of pleas to an indictment or an
information, or to a complaint charging a misdemeanor or infraction:

1. Guilty.
2. Not guilty.
3. Nolo contendere, subject to the approval of the court. The
court shall ascertain whether the defendant completely understands
that a plea of nolo contendere shall be considered the same as a plea
of guilty and that, upon a plea of nolo contendere, the court shall
find the defendant guilty. The legal effect of such a plea, to a
crime punishable as a felony, shall be the same as that of a plea of
guilty for all purposes. In cases other than those punishable as
felonies, the plea and any admissions required by the court during
any inquiry it makes as to the voluntariness of, and factual basis
for, the plea may not be used against the defendant as an admission
in any civil suit based upon or growing out of the act upon which the
criminal prosecution is based.
4. A former judgment of conviction or acquittal of the offense
charged.
5. Once in jeopardy.
6. Not guilty by reason of insanity.
A defendant who does not plead guilty may enter one or more of the
other pleas. A defendant who does not plead not guilty by reason of
insanity shall be conclusively presumed to have been sane at the
time of the commission of the offense charged; provided, that the
court may for good cause shown allow a change of plea at any time
before the commencement of the trial. A defendant who pleads not
guilty by reason of insanity, without also pleading not guilty,
thereby admits the commission of the offense charged.




1016.5. (a) Prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a crime under state law,
except offenses designated as infractions under state law, the court
shall administer the following advisement on the record to the
defendant:
If you are not a citizen, you are hereby advised that conviction
of the offense for which you have been charged may have the
consequences of deportation, exclusion from admission to the United
States, or denial of naturalization pursuant to the laws of the
United States.
(b) Upon request, the court shall allow the defendant additional
time to consider the appropriateness of the plea in light of the
advisement as described in this section. If, after January 1, 1978,
the court fails to advise the defendant as required by this section
and the defendant shows that conviction of the offense to which
defendant pleaded guilty or nolo contendere may have the consequences
for the defendant of deportation, exclusion from admission to the
United States, or denial of naturalization pursuant to the laws of
the United States, the court, on defendant's motion, shall vacate the
judgment and permit the defendant to withdraw the plea of guilty or
nolo contendere, and enter a plea of not guilty. Absent a record
that the court provided the advisement required by this section, the
defendant shall be presumed not to have received the required
advisement.
(c) With respect to pleas accepted prior to January 1, 1978, it is
not the intent of the Legislature that a court's failure to provide
the advisement required by subdivision (a) of Section 1016.5 should
require the vacation of judgment and withdrawal of the plea or
constitute grounds for finding a prior conviction invalid. Nothing
in this section, however, shall be deemed to inhibit a court, in the
sound exercise of its discretion, from vacating a judgment and
permitting a defendant to withdraw a plea.
(d) The Legislature finds and declares that in many instances
involving an individual who is not a citizen of the United States
charged with an offense punishable as a crime under state law, a plea
of guilty or nolo contendere is entered without the defendant
knowing that a conviction of such offense is grounds for deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States. Therefore,
it is the intent of the Legislature in enacting this section to
promote fairness to such accused individuals by requiring in such
cases that acceptance of a guilty plea or plea of nolo contendere be
preceded by an appropriate warning of the special consequences for
such a defendant which may result from the plea. It is also the
intent of the Legislature that the court in such cases shall grant
the defendant a reasonable amount of time to negotiate with the
prosecuting agency in the event the defendant or the defendant's
counsel was unaware of the possibility of deportation, exclusion from
admission to the United States, or denial of naturalization as a
result of conviction. It is further the intent of the Legislature
that at the time of the plea no defendant shall be required to
disclose his or her legal status to the court.



1017. Every plea must be made in open court and, may be oral or in
writing, shall be entered upon the minutes of the court, and shall be
taken down in shorthand by the official reporter if one is present.
All pleas of guilty or nolo contendere to misdemeanors or felonies
shall be oral or in writing. The plea, whether oral or in writing,
shall be in substantially the following form:
1. If the defendant plead guilty: "The defendant pleads that he
or she is guilty of the offense charged."
2. If he or she plead not guilty: "The defendant pleads that he
or she is not guilty of the offense charged."
3. If he or she plead a former conviction or acquittal: "The
defendant pleads that he or she has already been convicted (or
acquitted) of the offense charged, by the judgment of the court of
____ (naming it), rendered at ____ (naming the place), on the ____
day of ____."
4. If he or she plead once in jeopardy: "The defendant pleads
that he or she has been once in jeopardy for the offense charged
(specifying the time, place, and court)."
5. If he or she plead not guilty by reason of insanity: "The
defendant pleads that he or she is not guilty of the offense charged
because he or she was insane at the time that he or she is alleged to
have committed the unlawful act."



1018. Unless otherwise provided by law, every plea shall be entered
or withdrawn by the defendant himself or herself in open court. No
plea of guilty of a felony for which the maximum punishment is death,
or life imprisonment without the possibility of parole, shall be
received from a defendant who does not appear with counsel, nor shall
that plea be received without the consent of the defendant's
counsel. No plea of guilty of a felony for which the maximum
punishment is not death or life imprisonment without the possibility
of parole shall be accepted from any defendant who does not appear
with counsel unless the court shall first fully inform him or her of
the right to counsel and unless the court shall find that the
defendant understands the right to counsel and freely waives it, and
then only if the defendant has expressly stated in open court, to the
court, that he or she does not wish to be represented by counsel.
On application of the defendant at any time before judgment or within
six months after an order granting probation is made if entry of
judgment is suspended, the court may, and in case of a defendant who
appeared without counsel at the time of the plea the court shall, for
a good cause shown, permit the plea of guilty to be withdrawn and a
plea of not guilty substituted. Upon indictment or information
against a corporation a plea of guilty may be put in by counsel.
This section shall be liberally construed to effect these objects and
to promote justice.


1019. The plea of not guilty puts in issue every material
allegation of the accusatory pleading, except those allegations
regarding previous convictions of the defendant to which an answer is
required by Section 1025.


1020. All matters of fact tending to establish a defense other than
one specified in the fourth, fifth, and sixth subdivisions of
Section 1016, may be given in evidence under the plea of not guilty.



1021. If the defendant was formerly acquitted on the ground of
variance between the accusatory pleading and the proof or the
accusatory pleading was dismissed upon an objection to its form or
substance, or in order to hold the defendant for a higher offense,
without a judgment of acquittal, it is not an acquittal of the same
offense.



1022. Whenever the defendant is acquitted on the merits, he is
acquitted of the same offense, notwithstanding any defect in form or
substance in the accusatory pleading on which the trial was had.



1023. When the defendant is convicted or acquitted or has been once
placed in jeopardy upon an accusatory pleading, the conviction,
acquittal, or jeopardy is a bar to another prosecution for the
offense charged in such accusatory pleading, or for an attempt to
commit the same, or for an offense necessarily included therein, of
which he might have been convicted under that accusatory pleading.



1024. If the defendant refuses to answer the accusatory pleading,
by demurrer or plea, a plea of not guilty must be entered.



1025. (a) When a defendant who is charged in the accusatory
pleading with having suffered a prior conviction pleads either
guilty or not guilty of the offense charged against him or her, he or
she shall be asked whether he or she has suffered the prior
conviction. If the defendant enters an admission, his or her answer
shall be entered in the minutes of the court, and shall, unless
withdrawn by consent of the court, be conclusive of the fact of his
or her having suffered the prior conviction in all subsequent
proceedings. If the defendant enters a denial, his or her answer
shall be entered in the minutes of the court. The refusal of the
defendant to answer is equivalent to a denial that he or she has
suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether
or not the defendant has suffered the prior conviction shall be
tried by the jury that tries the issue upon the plea of not guilty,
or in the case of a plea of guilty or nolo contendere, by a jury
impaneled for that purpose, or by the court if a jury is waived.
(c) Notwithstanding the provisions of subdivision (b), the
question of whether the defendant is the person who has suffered the
prior conviction shall be tried by the court without a jury.
(d) Subdivision (c) shall not apply to prior convictions alleged
pursuant to Section 190.2 or to prior convictions alleged as an
element of a charged offense.
(e) If the defendant pleads not guilty, and answers that he or she
has suffered the prior conviction, the charge of the prior
conviction shall neither be read to the jury nor alluded to during
trial, except as otherwise provided by law.
(f) Nothing in this section alters existing law regarding the use
of prior convictions at trial.



1026. (a) When a defendant pleads not guilty by reason of insanity,
and also joins with it another plea or pleas, the defendant shall
first be tried as if only such other plea or pleas had been entered,
and in that trial the defendant shall be conclusively presumed to
have been sane at the time the offense is alleged to have been
committed. If the jury shall find the defendant guilty, or if the
defendant pleads only not guilty by reason of insanity, then the
question whether the defendant was sane or insane at the time the
offense was committed shall be promptly tried, either before the same
jury or before a new jury in the discretion of the court. In that
trial, the jury shall return a verdict either that the defendant was
sane at the time the offense was committed or was insane at the time
the offense was committed. If the verdict or finding is that the
defendant was sane at the time the offense was committed, the court
shall sentence the defendant as provided by law. If the verdict or
finding be that the defendant was insane at the time the offense was
committed, the court, unless it shall appear to the court that the
sanity of the defendant has been recovered fully, shall direct that
the defendant be confined in a state hospital for the care and
treatment of the mentally disordered or any other appropriate public
or private treatment facility approved by the community program
director, or the court may order the defendant placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2.

(b) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall order the community program
director or a designee to evaluate the defendant and to submit to the
court within 15 judicial days of the order a written recommendation
as to whether the defendant should be placed on outpatient status or
confined in a state hospital or other treatment facility. No person
shall be admitted to a state hospital or other treatment facility or
placed on outpatient status under this section without having been
evaluated by the community program director or a designee. If,
however, it appears to the court that the sanity of the defendant has
been recovered fully, the defendant shall be remanded to the custody
of the sheriff until the issue of sanity shall have been finally
determined in the manner prescribed by law. A defendant committed to
a state hospital or other treatment facility or placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2
shall not be released from confinement, parole, or outpatient status
unless and until the court which committed the person shall, after
notice and hearing, find and determine that the person's sanity has
been restored. Nothing in this section shall prevent the transfer of
the patient from one state hospital to any other state hospital by
proper authority. Nothing in this section shall prevent the transfer
of the patient to a hospital in another state in the manner provided
in Section 4119 of the Welfare and Institutions Code.
(c) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, order the defendant transferred to a state
hospital or to another public or private treatment facility approved
by the community program director. Where either the defendant or the
prosecuting attorney chooses to contest either kind of order of
transfer, a petition may be filed in the court requesting a hearing
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant
may present evidence bearing on the order of transfer. The court
shall use the same procedures and standards of proof as used in
conducting probation revocation hearings pursuant to Section 1203.2.

(d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be confined in a state hospital or other
public or private treatment facility, the court shall provide copies
of the following documents which shall be taken with the defendant to
the state hospital or other treatment facility where the defendant
is to be confined:
(1) The commitment order, including a specification of the
charges.
(2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
(3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(4) State Summary Criminal History information.
(5) Any arrest reports prepared by the police department or other
law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
(g) When directing that the defendant be confined in a state
hospital pursuant to subdivision (a), the court shall select the
state hospital in accordance with the policies established by the
State Department of Mental Health.
(h) For purposes of this section and Sections 1026.1 to 1026.6,
inclusive, "community program director" means the person, agency, or
entity designated by the State Department of Mental Health pursuant
to Section 1605 of this code and Section 5709.8 of the Welfare and
Institutions Code.


1026.1. A person committed to a state hospital or other treatment
facility under the provisions of Section 1026 shall be released from
the state hospital or other treatment facility only under one or
more of the following circumstances:
(a) Pursuant to the provisions of Section 1026.2.
(b) Upon expiration of the maximum term of commitment as provided
in subdivision (a) of Section 1026.5, except as such term may be
extended under the provisions of subdivision (b) of Section 1026.5.
(c) As otherwise expressly provided in Title 15 (commencing with
Section 1600) of Part 2.



1026.2. (a) An application for the release of a person who has been
committed to a state hospital or other treatment facility, as
provided in Section 1026, upon the ground that sanity has been
restored, may be made to the superior court of the county from which
the commitment was made, either by the person, or by the medical
director of the state hospital or other treatment facility to which
the person is committed or by the community program director where
the person is on outpatient status under Title 15 (commencing with
Section 1600). The court shall give notice of the hearing date to
the prosecuting attorney, the community program director or a
designee, and the medical director or person in charge of the
facility providing treatment to the committed person at least 15
judicial days in advance of the hearing date.
(b) Pending the hearing, the medical director or person in charge
of the facility in which the person is confined shall prepare a
summary of the person's programs of treatment and shall forward the
summary to the community program director or a designee and to the
court. The community program director or a designee shall review the
summary and shall designate a facility within a reasonable distance
from the court in which the person may be detained pending the
hearing on the application for release. The facility so designated
shall continue the program of treatment, shall provide adequate
security, and shall, to the greatest extent possible, minimize
interference with the person's program of treatment.
(c) A designated facility need not be approved for 72-hour
treatment and evaluation pursuant to the Lanterman-Petris-Short Act
(Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code). However, a county jail may not be designated
unless the services specified in subdivision (b) are provided and
accommodations are provided which ensure both the safety of the
person and the safety of the general population of the jail. If
there is evidence that the treatment program is not being complied
with or accommodations have not been provided which ensure both the
safety of the committed person and the safety of the general
population of the jail, the court shall order the person transferred
to an appropriate facility or make any other appropriate order,
including continuance of the proceedings.
(d) No hearing upon the application shall be allowed until the
person committed has been confined or placed on outpatient status for
a period of not less than 180 days from the date of the order of
commitment.
(e) The court shall hold a hearing to determine whether the person
applying for restoration of sanity would be a danger to the health
and safety of others, due to mental defect, disease, or disorder, if
under supervision and treatment in the community. If the court at
the hearing determines the applicant will not be a danger to the
health and safety of others, due to mental defect, disease, or
disorder, while under supervision and treatment in the community, the
court shall order the applicant placed with an appropriate forensic
conditional release program for one year. All or a substantial
portion of the program shall include outpatient supervision and
treatment. The court shall retain jurisdiction. The court at the
end of the one year, shall have a trial to determine if sanity has
been restored, which means the applicant is no longer a danger to the
health and safety of others, due to mental defect, disease, or
disorder. The court shall not determine whether the applicant has
been restored to sanity until the applicant has completed the one
year in the appropriate forensic conditional release program, unless
the community program director sooner makes a recommendation for
restoration of sanity and unconditional release as described in
subdivision (h). The court shall notify the persons required to be
notified in subdivision (a) of the hearing date.
(f) If the applicant is on parole or outpatient status and has
been on it for one year or longer, then it is deemed that the
applicant has completed the required one year in an appropriate
forensic conditional release program and the court shall, if all
other applicable provisions of law have been met, hold the trial on
restoration of sanity as provided for in this section.
(g) Before placing an applicant in an appropriate forensic
conditional release program, the community program director shall
submit to the court a written recommendation as to what forensic
conditional release program is the most appropriate for supervising
and treating the applicant. If the court does not accept the
community program director's recommendation, the court shall specify
the reason or reasons for its order on the court record. Sections
1605 to 1610, inclusive, shall be applicable to the person placed in
the forensic conditional release program unless otherwise ordered by
the court.
(h) If the court determines that the person should be transferred
to an appropriate forensic conditional release program, the community
program director or a designee shall make the necessary placement
arrangements, and, within 21 days after receiving notice of the court
finding, the person shall be placed in the community in accordance
with the treatment and supervision plan, unless good cause for not
doing so is made known to the court.
During the one year of supervision and treatment, if the community
program director is of the opinion that the person is no longer a
danger to the health and safety of others due to a mental defect,
disease, or disorder, the community program director shall submit a
report of his or her opinion and recommendations to the committing
court, the prosecuting attorney, and the attorney for the person.
The court shall then set and hold a trial to determine whether
restoration of sanity and unconditional release should be granted.
The trial shall be conducted in the same manner as is required at the
end of one full year of supervision and treatment.
(i) If at the trial for restoration of sanity the court rules
adversely to the applicant, the court may place the applicant on
outpatient status, pursuant to Title 15 (commencing with Section
1600) of Part 2, unless the applicant does not meet all of the
requirements of Section 1603.
(j) If the court denies the application to place the person in an
appropriate forensic conditional release program or if restoration of
sanity is denied, no new application may be filed by the person
until one year has elapsed from the date of the denial.
(k) In any hearing authorized by this section, the applicant shall
have the burden of proof by a preponderance of the evidence.
(l) If the application for the release is not made by the medical
director of the state hospital or other treatment facility to which
the person is committed or by the community program director where
the person is on outpatient status under Title 15 (commencing with
Section 1600), no action on the application shall be taken by the
court without first obtaining the written recommendation of the
medical director of the state hospital or other treatment facility or
of the community program director where the person is on outpatient
status under Title 15 (commencing with Section 1600).
(m) This subdivision shall apply only to persons who, at the time
of the petition or recommendation for restoration of sanity, are
subject to a term of imprisonment with prison time remaining to serve
or are subject to the imposition of a previously stayed sentence to
a term of imprisonment. Any person to whom this subdivision applies
who petitions or is recommended for restoration of sanity may not be
placed in a forensic conditional release program for one year, and a
finding of restoration of sanity may be made without the person being
in a forensic conditional release program for one year. If a
finding of restoration of sanity is made, the person shall be
transferred to the custody of the California Department of
Corrections to serve the term of imprisonment remaining or shall be
transferred to the appropriate court for imposition of the sentence
that is pending, whichever is applicable.



1026.3. A person committed to a state hospital or other treatment
facility under Section 1026, and a person placed pursuant to
subdivision (e) of Section 1026.2 as amended by Section 3.5 of
Chapter 1488 of the Statutes of 1984, may be placed on outpatient
status from the commitment as provided in Title 15 (commencing with
Section 1600) of Part 2.



1026.4. (a) Every person committed to a state hospital or other
public or private mental health facility pursuant to the provisions
of Section 1026, who escapes from or who escapes while being conveyed
to or from the state hospital or facility, is punishable by
imprisonment in the county jail not to exceed one year or in a state
prison for a determinate term of one year and one day. The term of
imprisonment imposed pursuant to this section shall be served
consecutively to any other sentence or commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed pursuant to the provisions of Section 1026 shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall within 48 hours of
the escape of the person orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.



1026.5. (a) (1) In the case of any person committed to a state
hospital or other treatment facility pursuant to Section 1026 or
placed on outpatient status pursuant to Section 1604, who committed a
felony on or after July 1, 1977, the court shall state in the
commitment order the maximum term of commitment, and the person may
not be kept in actual custody longer than the maximum term of
commitment, except as provided in this section. For the purposes of
this section, "maximum term of commitment" shall mean the longest
term of imprisonment which could have been imposed for the offense or
offenses of which the person was convicted, including the upper term
of the base offense and any additional terms for enhancements and
consecutive sentences which could have been imposed less any
applicable credits as defined by Section 2900.5, and disregarding any
credits which could have been earned pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3.
(2) In the case of a person confined in a state hospital or other
treatment facility pursuant to Section 1026 or placed on outpatient
status pursuant to Section 1604, who committed a felony prior to July
1, 1977, and who could have been sentenced under Section 1168 or
1170 if the offense was committed after July 1, 1977, the Board of
Prison Terms shall determine the maximum term of commitment which
could have been imposed under paragraph (1), and the person may not
be kept in actual custody longer than the maximum term of commitment,
except as provided in subdivision (b). The time limits of this
section are not jurisdictional.
In fixing a term under this section, the board shall utilize the
upper term of imprisonment which could have been imposed for the
offense or offenses of which the person was convicted, increased by
any additional terms which could have been imposed based on matters
which were found to be true in the committing court. However, if at
least two of the members of the board after reviewing the person's
file determine that a longer term should be imposed for the reasons
specified in Section 1170.2, a longer term may be imposed following
the procedures and guidelines set forth in Section 1170.2, except
that any hearings deemed necessary by the board shall be held within
90 days of September 28, 1979. Within 90 days of the date the person
is received by the state hospital or other treatment facility, or of
September 28, 1979, whichever is later, the Board of Prison Terms
shall provide each person with the determination of the person's
maximum term of commitment or shall notify the person that a hearing
will be scheduled to determine the term.
Within 20 days following the determination of the maximum term of
commitment the board shall provide the person, the prosecuting
attorney, the committing court, and the state hospital or other
treatment facility with a written statement setting forth the maximum
term of commitment, the calculations, and any materials considered
in determining the maximum term.
(3) In the case of a person committed to a state hospital or other
treatment facility pursuant to Section 1026 or placed on outpatient
status pursuant to Section 1604 who committed a misdemeanor, the
maximum term of commitment shall be the longest term of county jail
confinement which could have been imposed for the offense or offenses
which the person was found to have committed, and the person may not
be kept in actual custody longer than this maximum term.
(4) Nothing in this subdivision limits the power of any state
hospital or other treatment facility or of the committing court to
release the person, conditionally or otherwise, for any period of
time allowed by any other provision of law.
(b) (1) A person may be committed beyond the term prescribed by
subdivision (a) only under the procedure set forth in this
subdivision and only if the person has been committed under Section
1026 for a felony and by reason of a mental disease, defect, or
disorder represents a substantial danger of physical harm to others.

(2) Not later than 180 days prior to the termination of the
maximum term of commitment prescribed in subdivision (a), the medical
director of a state hospital in which the person is being treated,
or the medical director of the person's treatment facility or the
local program director, if the person is being treated outside a
state hospital setting, shall submit to the prosecuting attorney his
or her opinion as to whether or not the patient is a person described
in paragraph (1). If requested by the prosecuting attorney, the
opinion shall be accompanied by supporting evaluations and relevant
hospital records. The prosecuting attorney may then file a petition
for extended commitment in the superior court which issued the
original commitment. The petition shall be filed no later than 90
days before the expiration of the original commitment unless good
cause is shown. The petition shall state the reasons for the
extended commitment, with accompanying affidavits specifying the
factual basis for believing that the person meets each of the
requirements set forth in paragraph (1).
(3) When the petition is filed, the court shall advise the person
named in the petition of the right to be represented by an attorney
and of the right to a jury trial. The rules of discovery in criminal
cases shall apply. If the person is being treated in a state
hospital when the petition is filed, the court shall notify the
community program director of the petition and the hearing date.
(4) The court shall conduct a hearing on the petition for extended
commitment. The trial shall be by jury unless waived by both the
person and the prosecuting attorney. The trial shall commence no
later than 30 calendar days prior to the time the person would
otherwise have been released, unless that time is waived by the
person or unless good cause is shown.
(5) Pending the hearing, the medical director or person in charge
of the facility in which the person is confined shall prepare a
summary of the person's programs of treatment and shall forward the
summary to the community program director or a designee, and to the
court. The community program director or a designee shall review the
summary and shall designate a facility within a reasonable distance
from the court in which the person may be detained pending the
hearing on the petition for extended commitment. The facility so
designated shall continue the program of treatment, shall provide
adequate security, and shall, to the greatest extent possible,
minimize interference with the person's program of treatment.
(6) A designated facility need not be approved for 72-hour
treatment and evaluation pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code). However, a county
jail may not be designated unless the services specified in paragraph
(5) are provided and accommodations are provided which ensure both
the safety of the person and the safety of the general population of
the jail. If there is evidence that the treatment program is not
being complied with or accommodations have not been provided which
ensure both the safety of the committed person and the safety of the
general population of the jail, the court shall order the person
transferred to an appropriate facility or make any other appropriate
order, including continuance of the proceedings.
(7) The person shall be entitled to the rights guaranteed under
the federal and State Constitutions for criminal proceedings. All
proceedings shall be in accordance with applicable constitutional
guarantees. The state shall be represented by the district attorney
who shall notify the Attorney General in writing that a case has been
referred under this section. If the person is indigent, the county
public defender or State Public Defender shall be appointed. The
State Public Defender may provide for representation of the person in
any manner authorized by Section 15402 of the Government Code.
Appointment of necessary psychologists or psychiatrists shall be made
in accordance with this article and Penal Code and Evidence Code
provisions applicable to criminal defendants who have entered pleas
of not guilty by reason of insanity.
(8) If the court or jury finds that the patient is a person
described in paragraph (1), the court shall order the patient
recommitted to the facility in which the patient was confined at the
time the petition was filed. This commitment shall be for an
additional period of two years from the date of termination of the
previous commitment, and the person may not be kept in actual custody
longer than two years unless another extension of commitment is
obtained in accordance with the provisions of this subdivision. Time
spent on outpatient status, except when placed in a locked facility
at the direction of the outpatient supervisor, shall not count as
actual custody and shall not be credited toward the person's maximum
term of commitment or toward the person's term of extended
commitment.
(9) A person committed under this subdivision shall be eligible
for release to outpatient status pursuant to the provisions of Title
15 (commencing with Section 1600) of Part 2.
(10) Prior to termination of a commitment under this subdivision,
a petition for recommitment may be filed to determine whether the
patient remains a person described in paragraph (1). The
recommitment proceeding shall be conducted in accordance with the
provisions of this subdivision.
(11) Any commitment under this subdivision places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.



1026.6. Whenever any person who has been committed to a state
hospital pursuant to Section 1026 is released for any reason,
including placement on outpatient status, the director of the
hospital shall notify the community program director of the county,
and the chief law enforcement officer of the jurisdiction, in which
the person will reside upon release, if that information is
available.


1027. (a) When a defendant pleads not guilty by reason of insanity
the court must select and appoint two, and may select and appoint
three, psychiatrists, or licensed psychologists who have a doctoral
degree in psychology and at least five years of postgraduate
experience in the diagnosis and treatment of emotional and mental
disorders, to examine the defendant and investigate his mental
status. It is the duty of the psychiatrists or psychologists so
selected and appointed to make the examination and investigation, and
to testify, whenever summoned, in any proceeding in which the sanity
of the defendant is in question. The psychiatrists or psychologists
so appointed by the court shall be allowed, in addition to their
actual traveling expenses, such fees as in the discretion of the
court seems just and reasonable, having regard to the services
rendered by the witnesses. The fees allowed shall be paid by the
county where the indictment was found or in which the defendant was
held for trial.
(b) Any report on the examination and investigation made pursuant
to subdivision (a) shall include, but not be limited to, the
psychological history of the defendant, the facts surrounding the
commission of the acts forming the basis for the present charge used
by the psychiatrist or psychologist in making his examination of the
defendant, and the present psychological or psychiatric symptoms of
the defendant, if any.
(c) This section does not presume that a psychiatrist or
psychologist can determine whether a defendant was sane or insane at
the time of the alleged offense. This section does not limit a court'
s discretion to admit or exclude, pursuant to the Evidence Code,
psychiatric or psychological evidence about the defendant's state of
mind or mental or emotional condition at the time of the alleged
offense.
(d) Nothing contained in this section shall be deemed or construed
to prevent any party to any criminal action from producing any other
expert evidence with respect to the mental status of the defendant;
where expert witnesses are called by the district attorney in such
action, they shall only be entitled to such witness fees as may be
allowed by the court.
(e) Any psychiatrist or psychologist so appointed by the court may
be called by either party to the action or by the court itself and
when so called shall be subject to all legal objections as to
competency and bias and as to qualifications as an expert. When
called by the court, or by either party, to the action, the court may
examine the psychiatrist, or psychologist as deemed necessary, but
either party shall have the same right to object to the questions
asked by the court and the evidence adduced as though the
psychiatrist or psychologist were a witness for the adverse party.
When the psychiatrist or psychologist is called and examined by the
court the parties may cross-examine him in the order directed by the
court. When called by either party to the action the adverse party
may examine him the same as in the case of any other witness called
by such party.

[هيثم الفقى]

1029. When an indictment is found or an information filed in the
superior court against a judge thereof, a certificate of that fact
must be transmitted by the clerk to the chairman of the Judicial
Council, who shall thereupon designate and assign a judge of the
superior court of another county to preside at the trial of such
indictment or information, and hear and determine all pleas and
motions affecting the defendant thereunder before and after judgment.

[هيثم الفقى]

1033. In a criminal action pending in the superior court, the court
shall order a change of venue:
(a) On motion of the defendant, to another county when it appears
that there is a reasonable likelihood that a fair and impartial trial
cannot be had in the county. When a change of venue is ordered by
the superior court, it shall be for the trial itself. All
proceedings before trial shall occur in the county of original venue,
except when it is evident that a particular proceeding must be heard
by the judge who is to preside over the trial.
(b) On its own motion or on motion of any party, to an adjoining
county when it appears as a result of the exhaustion of all of the
jury panels called that it will be impossible to secure a jury to try
the cause in the county.


1033.1. In any criminal action or proceeding in which the place of
trial has been changed for any of the reasons set forth in Section
1033, the court, upon its own motion or upon the motion of any party,
may return the action or proceeding to the original place of trial
if both of the following conditions apply:
(a) The action or proceeding is pending before the court after
reversal of the original judgment by the appellate court.
(b) The court finds that the conditions which originally required
the order to change venue, as set forth in Section 1033, no longer
apply. Prior to making such a finding, the court shall conduct a
hearing, upon notice to all parties. At the hearing, the burden
shall be on the prosecution to establish that the conditions which
originally required the order to change venue no longer apply, unless
the defendant and his or her attorney consent to the return of the
action or proceeding to the original place of trial.




1035. A defendant arrested, held, or present in a county other than
that in which an indictment, information, felony complaint, or
felony probation violation is pending against the defendant, may
state in writing his or her agreement to plead guilty or nolo
contendere to some or all of the pending charges, to waive trial or
hearing in the county in which the pleading is pending, and to
consent to disposition of the case in the county in which that
defendant was arrested, held, or present, subject to the approval of
the district attorney for each county. Upon receipt of the defendant'
s statement and of the written approval of the district attorneys,
the clerk of the court in which the pleading is pending shall
transmit the papers in the proceeding or certified copies thereof to
the clerk of the court for the county in which the defendant is
arrested, held, or present, and the prosecution shall continue in
that county. However, the proceedings shall be limited solely to the
purposes of plea and sentencing and not for trial. If, after the
proceeding has been transferred pursuant to this section, the
defendant pleads not guilty, the clerk shall return the papers to the
court in which the prosecution was commenced and the proceeding
shall be restored to the docket of that court. The defendant's
statement that the defendant wishes to plead guilty or nolo
contendere may not be used against the defendant.



1036. (a) Unless the court reserves jurisdiction to hear other
pretrial motions, if a defendant is incarcerated and the court orders
a change of venue to another county, the court shall direct the
sheriff to deliver the defendant to the custody of the sheriff of the
other county for the purpose of trial.
(b) If the defendant is incarcerated and the court orders that the
jury be selected from the county to which the venue would otherwise
have been transferred pursuant to Section 1036.7, the court shall
direct the sheriff to deliver the defendant to the custody of the
sheriff of that county for the purpose of jury selection.



1036.5. Following the resolution of pre-trial motions, and prior to
the issuance of an order under Section 1036 or the transmittal of
the case file for the purpose of trial to the court to which venue
has been ordered transferred, the court may, upon its own motion or
the motion of any party and on appropriate notice to the court to
which venue has been transferred, set aside its order to change venue
on the ground that the conditions which originally required the
order to change venue, as set forth in Section 1033 or 1034, no
longer apply.


1036.7. When a change of venue is ordered and the court, upon
motion to transfer a jury or on its own motion and upon unanimous
consent of all defendants, determines that it would be in the
interests of the administration of justice to move the jury rather
than to move the pending action, a change of venue may be
accomplished by the selection of a jury in the county or judicial
district to which the venue would otherwise have been transferred,
and the selected jury shall be moved to the court in which the
criminal action is pending.


1037. (a) When a court orders a change of venue to a court in
another county, all costs incurred by the receiving court or county,
that are not payable pursuant to Section 4750, shall be paid by the
transferring court or county as provided in Sections 1037.1 and
1037.2. Those costs may include, but are not limited to, the expenses
for the following:
(1) The transfer, preparation, and trial of the action.
(2) The guarding, keeping, and transportation of the prisoner.
(3) Any appeal or other proceeding relating to the action.
(4) Execution of the sentence.
(b) The term "all costs" means all reasonable and necessary costs
incurred by the receiving court or county as a result of the change
of venue that would not have been incurred but for the change of
venue. "All costs" does not include normal salaries, overhead, and
other expenses that would have been incurred by the receiving court
or county if it did not receive the trial.




1037.1. (a) Change of venue costs, as defined in Section 1037, that
are court operations, as defined in Section 77003 of the Government
Code and Rule 10.810 of the California Rules of Court, shall be
considered court costs to be charged against and paid by the
transferring court to the receiving court.
(b) The Judicial Council shall adopt financial policies and
procedures to ensure the timely payment of court costs pursuant to
this section. The policies and procedures shall include, but are not
limited to, both of the following:
(1) The requirement that courts approve a budget and a timeline
for reimbursement before the beginning of the trial.
(2) A process for the Administrative Office of the Courts to
mediate any disputes regarding costs between transferring and
receiving courts.
(c) (1) The presiding judge of the transferring court, or his or
her designee, shall authorize the payment for the reimbursement of
court costs out of the court operations fund of the transferring
court.
(2) Payments for the reimbursement of court costs shall be
deposited into the court operations fund of the receiving court.



1037.2. (a) Change of venue costs, as defined in Section 1037, that
are incurred by the receiving county and not defined as court
operations under Section 77003 of the Government Code or Rule 10.810
of the California Rules of Court shall be considered to be county
costs to be paid by the transferring county to the receiving county.
County costs include, but are not limited to, alterations, including
all construction-related costs, to a courthouse made that only
resulted from the transfer of the trial, rental of furniture or
equipment that only resulted from the transfer of the trial, inmate
transportation provided by the county sheriff from the jail to the
courthouse, security of the inmate or other participants in the
trial, unique or extraordinary costs for the extended storage and
safekeeping of evidence related to the trial, rental of jury parking
lot, jury parking lot security and related costs, security expenses
incurred by the county sheriff or a contracted agency that resulted
only from the transfer of the trial, and information services for the
court, jury, public, or media.
(b) Transferring counties shall approve a budget and a timeline
for the payment of county costs before the beginning of trial.
(c) Claims for the costs described in subdivision (a) shall be
forwarded to the treasurer and auditor of the transferring county on
a monthly basis. The treasurer shall pay the amount of county costs
out of the general funds of the transferring county within 30 days of
receiving the claim for costs from the receiving county.
(d) (1) The transferring court may, in its sound discretion,
determine the reasonable and necessary costs under this section.
(2) The transferring court's approval of costs shall become
effective 10 days after the court has given written notice of the
costs to the auditor of the transferring county.
(3) During the 10-day period specified in paragraph (2), the
auditor of the transferring county may contest the costs approved by
the transferring court.
(4) If the auditor of the transferring county fails to contest the
costs within the 10-day period specified in paragraph (2), the
transferring county shall be deemed to have waived the right to
contest the imposition of these costs.



1038. The Judicial Council shall adopt rules of practice and
procedure for the change of venue in criminal actions.

[هيثم الفقى]

1041. An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same
offense.
3. Upon a plea of once in jeopardy.
4. Upon a plea of not guilty by reason of insanity.




1042. Issues of fact shall be tried in the manner provided in
Article I, Section 16 of the Constitution of this state.



1042.5. Trial of an infraction shall be by the court, but when a
defendant has been charged with an infraction and with a public
offense for which there is a right to jury trial and a jury trial is
not waived, the court may order that the offenses be tried together
by jury or that they be tried separately with the infraction being
tried by the court either in the same proceeding or a separate
proceeding as may be appropriate.



1043. (a) Except as otherwise provided in this section, the
defendant in a felony case shall be personally present at the trial.

(b) The absence of the defendent in a felony case after the trial
has commenced in his presence shall not prevent continuing the trial
to, and including, the return of the verdict in any of the following
cases:
(1) Any case in which the defendant, after he has been warned by
the judge that he will be removed if he continues his disruptive
behavior, nevertheless insists on conducting himself in a manner so
disorderly, disruptive, and disrespectful of the court that the trial
cannot be carried on with him in the courtroom.
(2) Any prosecution for an offense which is not punishable by
death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a trial pursuant to paragraph
(1) of subdivision (b) may reclaim his right to be present at the
trial as soon as he is willing to conduct himself consistently with
the decorum and respect inherent in the concept of courts and
judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a
defendant to waive his right to be present in accordance with Section
977.
(e) If the defendant in a misdemeanor case fails to appear in
person at the time set for trial or during the course of trial, the
court shall proceed with the trial, unless good cause for a
continuance exists, if the defendant has authorized his counsel to
proceed in his absence pursuant to subdivision (a) of Section 977.
If there is no authorization pursuant to subdivision (a) of
Section 977 and if the defendant fails to appear in person at the
time set for trial or during the course of trial, the court, in its
discretion, may do one or more of the following, as it deems
appropriate:
(1) Continue the matter.
(2) Order bail forfeited or revoke release on the defendant's own
recognizance.
(3) Issue a bench warrant.
(4) Proceed with the trial if the court finds the defendant has
absented himself voluntarily with full knowledge that the trial is to
be held or is being held.
Nothing herein shall limit the right of the court to order the
defendant to be personally present at the trial for purposes of
identification unless counsel stipulate to the issue of identity.




1043.5. (a) Except as otherwise provided in this section, the
defendant in a preliminary hearing shall be personally present.
(b) The absence of the defendant in a preliminary hearing after
the hearing has commenced in his presence shall not prevent
continuing the hearing to, and including, holding to answer, filing
an information, or discharging the defendant in any of the following
cases:
(1) Any case in which the defendant, after he has been warned by
the judge that he will be removed if he continued his disruptive
behavior, nevertheless insists on conducting himself in a manner so
disorderly, disruptive, and disrespectful of the court that the
hearing cannot be carried on with him in the courtroom.
(2) Any prosecution for an offense which is not punishable by
death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a preliminary hearing
pursuant to paragraph (1) of subdivision (b) may reclaim his right to
be present at the hearing as soon as he is willing to conduct
himself consistently with the decorum and respect inherent in the
concept of courts and judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a
defendant to waive his right to be present in accordance with Section
977.



1044. It shall be the duty of the judge to control all proceedings
during the trial, and to limit the introduction of evidence and the
argument of counsel to relevant and material matters, with a view to
the expeditious and effective ascertainment of the truth regarding
the matters involved.


1045. In any misdemeanor or infraction matter, where a verbatim
record of the proceedings is not required to be made and where the
right of a party to request a verbatim record is not provided for
pursuant to any other provision of law or rule of court, if any party
makes a request at least five days in advance and deposits the
required fees, the court shall order that a verbatim record be made
of all proceedings. Except as otherwise provided by law or rule the
party requesting any reporting, recording, or transcript pursuant to
this section shall pay the cost of such reporting, recording, or
transcript.
This section shall cease to be operative upon a final decision of
an appellate court holding that there is a constitutional right or
other requirement that a verbatim record or transcript be provided at
public expense for indigent or any other defendants in cases subject
to the provisions of this section.

[هيثم الفقى]

1046. Trial juries for criminal actions are formed in the same
manner as trial juries in civil actions.



1048. (a) The issues on the calendar shall be disposed of in the
following order, unless for good cause the court directs an action to
be tried out of its order:
(1) Prosecutions for felony, when the defendant is in custody.
(2) Prosecutions for misdemeanor, when the defendant is in
custody.
(3) Prosecutions for felony, when the defendant is on bail.
(4) Prosecutions for misdemeanor, when the defendant is on bail.
(b) Notwithstanding subdivision (a), all criminal actions in which
(1) a minor is detained as a material witness or is the victim of
the alleged offense, (2) a person who was 70 years of age or older at
the time of the alleged offense or is a dependent adult, as defined
in subdivision (d) of Section 368, was a witness to, or is the victim
of, the alleged offense or (3) any person is a victim of an alleged
violation of Section 261, 262, 264.1, 273a, 273d, 285, 286, 288,
288a, or 289, committed by the use of force, violence, or the threat
thereof, shall be given precedence over all other criminal actions in
the order of trial. In those actions, continuations shall be
granted by the court only after a hearing and determination of the
necessity thereof, and in any event, the trial shall be commenced
within 30 days after arraignment, unless for good cause the court
shall direct the action to be continued, after a hearing and
determination of the necessity of the continuance, and states the
findings for a determination of good cause on the record.
(c) Nothing in this section shall be deemed to provide a statutory
right to a trial within 30 days.



1048.1. In scheduling a trial date at an arraignment in superior
court involving murder, as defined in subdivision (a) of Section 187,
an alleged ***ual assault offense, as described in subdivisions (a)
and (b) of Section 11165.1, or an alleged child abuse offense, as
described in Section 11165.6, or a case being handled in the Career
Criminal Prosecution Program pursuant to Sections 999b through 999h,
reasonable efforts shall be made to avoid setting that trial, when
that case is assigned to a particular prosecuting attorney, on the
same day that another case is set for trial involving the same
prosecuting attorney.


1049. After his plea, the defendant is entitled to at least five
days to prepare for trial.



1049.5. In felony cases, the court shall set a date for trial which
is within 60 days of the defendant's arraignment in the superior
court unless, upon a showing of good cause as prescribed in Section
1050, the court lengthens the time. If the court, after a hearing as
presecribed in Section 1050, finds that there is good cause to set
the date for trial beyond the 60 days, it shall state on the record
the facts proved that justify its finding. A statement of facts
proved shall be entered in the minutes.



1050. (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To
this end, the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails. It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings. In further accordance with this
policy, death penalty cases in which both the prosecution and the
defense have informed the court that they are prepared to proceed to
trial shall be given precedence over, and set for trial and heard
without regard to the pendency of, other criminal cases and any civil
matters or proceedings, unless the court finds in the interest of
justice that it is not appropriate.
(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing,
the court shall make a finding whether good cause has been shown and,
if it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.
(g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
(2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, or a hate crime, as defined in Title 11.6
(commencing with Section 422.6) of Part 1, has occurred and the
prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court. A continuance under this paragraph shall be
limited to a maximum of 10 additional court days.
(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes, or
cases handled under the Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the Career Criminal Prosecution Program shall be for
the shortest time possible, not to exceed 10 court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
(l) This section is directory only and does not mandate dismissal
of an action by its terms.



1050.1. In any case in which two or more defendants are jointly
charged in the same complaint, indictment, or information, and the
court or magistrate, for good cause shown, continues the arraignment,
preliminary hearing, or trial of one or more defendants, the
continuance shall, upon motion of the prosecuting attorney,
constitute good cause to continue the remaining defendants' cases so
as to maintain joinder. The court or magistrate shall not cause
jointly charged cases to be severed due to the unavailability or
unpreparedness of one or more defendants unless it appears to the
court or magistrate that it will be impossible for all defendants to
be available and prepared within a reasonable period of time.



1050.5. (a) When, pursuant to subdivision (c) of Section 1050, the
court imposes sanctions for failure to comply with the provisions of
subdivision (b) of Section 1050, the court may impose one or both of
the following sanctions when the moving party is the prosecuting or
defense attorney:
(1) A fine not exceeding one thousand dollars ($1,000) upon
counsel for the moving party.
(2) The filing of a report with an appropriate disciplinary
committee.
(b) The authority to impose sanctions provided for by this section
shall be in addition to any other authority or power available to
the court, except that the court or magistrate shall not dismiss the
case.



1051. Upon a trial for any offense, if a defense witness testifies,
there shall be good cause for a reasonable continuance unless the
court finds that the prosecutor was or should, with due diligence,
have been aware of such evidence. If the continuance is granted
because of the defendant's testimony, it shall not exceed one day.

[هيثم الفقى]

1053. If after the commencement of the trial of a criminal action
or proceeding in any court the judge or justice presiding at the
trial shall die, become ill, or for any other reason be unable to
proceed with the trial, any other judge or justice of the court in
which the trial is proceeding may proceed with and finish the trial;
or if there be no other judge or justice of that court available,
then the clerk, sheriff, or marshal shall adjourn the court and
notify the Chairman of the Judicial Council of the facts, and shall
continue the case from day to day until the time that the chairman
shall designate and assign a judge or justice of some other court,
and the judge or justice shall arrive, to proceed with and complete
the trial, or until such time as by stipulation in writing between
the prosecuting attorney and the attorney for the defendant, filed
with the court, a judge or justice shall be agreed upon by them, and
the judge or justice shall arrive to complete the trial. The judge
or justice authorized by this section to proceed with and complete
the trial shall have the same power, authority, and jurisdiction as
if the trial had been commenced before that judge or justice.

[هيثم الفقى]

1054. This chapter shall be interpreted to give effect to all of
the following purposes:
(a) To promote the ascertainment of truth in trials by requiring
timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted
informally between and among the parties before judicial enforcement
is requested.
(c) To save court time in trial and avoid the necessity for
frequent interruptions and postponements.
(d) To protect victims and witnesses from danger, harassment, and
undue delay of the proceedings.
(e) To provide that no discovery shall occur in criminal cases
except as provided by this chapter, other express statutory
provisions, or as mandated by the Constitution of the United States.




1054.1. The prosecuting attorney shall disclose to the defendant or
his or her attorney all of the following materials and information,
if it is in the possession of the prosecuting attorney or if the
prosecuting attorney knows it to be in the possession of the
investigating agencies:
(a) The names and addresses of persons the prosecutor intends to
call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the
investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness
whose credibility is likely to be critical to the outcome of the
trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or
reports of the statements of witnesses whom the prosecutor intends to
call at the trial, including any reports or statements of experts
made in conjunction with the case, including the results of physical
or mental examinations, scientific tests, experiments, or comparisons
which the prosecutor intends to offer in evidence at the trial.



1054.2. (a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else, the address or telephone number
of a victim or witness whose name is disclosed to the attorney
pursuant to subdivision (a) of Section 1054.1, unless specifically
permitted to do so by the court after a hearing and a showing of good
cause.
(2) Notwithstanding paragraph (1), an attorney may disclose or
permit to be disclosed the address or telephone number of a victim or
witness to persons employed by the attorney or to persons appointed
by the court to assist in the preparation of a defendant's case if
that disclosure is required for that preparation. Persons provided
this information by an attorney shall be informed by the attorney
that further dissemination of the information, except as provided by
this section, is prohibited.
(3) Willful violation of this subdivision by an attorney, persons
employed by the attorney, or persons appointed by the court is a
misdemeanor.
(b) If the defendant is acting as his or her own attorney, the
court shall endeavor to protect the address and telephone number of a
victim or witness by providing for contact only through a private
investigator licensed by the Department of Consumer Affairs and
appointed by the court or by imposing other reasonable restrictions,
absent a showing of good cause as determined by the court.



1054.3. The defendant and his or her attorney shall disclose to the
prosecuting attorney:
(a) The names and addresses of persons, other than the defendant,
he or she intends to call as witnesses at trial, together with any
relevant written or recorded statements of those persons, or reports
of the statements of those persons, incuding any reports or
statements of experts made in connection with the case, and including
the results of physical or mental examinations, scientific tests,
experiments, or comparisons which the defendant intends to offer in
evidence at the trial.
(b) Any real evidence which the defendant intends to offer in
evidence at the trial.



1054.4. Nothing in this chapter shall be construed as limiting any
law enforcement or prosecuting agency from obtaining nontestimonial
evidence to the extent permitted by law on the effective date of this
section.


1054.5. (a) No order requiring discovery shall be made in criminal
cases except as provided in this chapter. This chapter shall be the
only means by which the defendant may compel the disclosure or
production of information from prosecuting attorneys, law enforcement
agencies which investigated or prepared the case against the
defendant, or any other persons or agencies which the prosecuting
attorney or investigating agency may have employed to assist them in
performing their duties.
(b) Before a party may seek court enforcement of any of the
disclosures required by this chapter, the party shall make an
informal request of opposing counsel for the desired materials and
information. If within 15 days the opposing counsel fails to provide
the materials and information requested, the party may seek a court
order. Upon a showing that a party has not complied with Section
1054.1 or 1054.3 and upon a showing that the moving party complied
with the informal discovery procedure provided in this subdivision, a
court may make any order necessary to enforce the provisions of this
chapter, including, but not limited to, immediate disclosure,
contempt proceedings, delaying or prohibiting the testimony of a
witness or the presentation of real evidence, continuance of the
matter, or any other lawful order. Further, the court may advise the
jury of any failure or refusal to disclose and of any untimely
disclosure.
(c) The court may prohibit the testimony of a witness pursuant to
subdivision (b) only if all other sanctions have been exhausted. The
court shall not dismiss a charge pursuant to subdivision (b) unless
required to do so by the Constitution of the United States.




1054.6. Neither the defendant nor the prosecuting attorney is
required to disclose any materials or information which are work
product as defined in subdivision (a) of Section 2018.030 of the Code
of Civil Procedure, or which are privileged pursuant to an express
statutory provision, or are privileged as provided by the
Constitution of the United States.



1054.7. The disclosures required under this chapter shall be made
at least 30 days prior to the trial, unless good cause is shown why a
disclosure should be denied, restricted, or deferred. If the
material and information becomes known to, or comes into the
possession of, a party within 30 days of trial, disclosure shall be
made immediately, unless good cause is shown why a disclosure should
be denied, restricted, or deferred. "Good cause" is limited to
threats or possible danger to the safety of a victim or witness,
possible loss or destruction of evidence, or possible compromise of
other investigations by law enforcement.
Upon the request of any party, the court may permit a showing of
good cause for the denial or regulation of disclosures, or any
portion of that showing, to be made in camera. A verbatim record
shall be made of any such proceeding. If the court enters an order
granting relief following a showing in camera, the entire record of
the showing shall be sealed and preserved in the records of the
court, and shall be made available to an appellate court in the event
of an appeal or writ. In its discretion, the trial court may after
trial and conviction, unseal any previously sealed matter.



1054.8. (a) No prosecuting attorney, attorney for the defendant, or
investigator for either the prosecution or the defendant shall
interview, question, or speak to a victim or witness whose name has
been disclosed by the opposing party pursuant to Section 1054.1 or
1054.3 without first clearly identifying himself or herself,
identifying the full name of the agency by whom he or she is
employed, and identifying whether he or she represents, or has been
retained by, the prosecution or the defendant. If the interview
takes place in person, the party shall also show the victim or
witness a business card, official badge, or other form of official
identification before commencing the interview or questioning.
(b) Upon a showing that a person has failed to comply with this
section, a court may issue any order authorized by Section 1054.5.



1054.9. (a) Upon the prosecution of a postconviction writ of habeas
corpus or a motion to vacate a judgment in a case in which a
sentence of death or of life in prison without the possibility of
parole has been imposed, and on a showing that good faith efforts to
obtain discovery materials from trial counsel were made and were
unsuccessful, the court shall, except as provided in subdivision (c),
order that the defendant be provided reasonable access to any of the
materials described in subdivision (b).
(b) For purposes of this section, "discovery materials" means
materials in the possession of the prosecution and law enforcement
authorities to which the same defendant would have been entitled at
time of trial.
(c) In response to a writ or motion satisfying the conditions in
subdivision (a), court may order that the defendant be provided
access to physical evidence for the purpose of examination,
including, but not limited to, any physical evidence relating to the
investigation, arrest, and prosecution of the defendant only upon a
showing that there is good cause to believe that access to physical
evidence is reasonably necessary to the defendant's effort to obtain
relief. The procedures for obtaining access to physical evidence for
purposes of postconviction DNA testing are provided in Section 1405,
and nothing in this section shall provide an alternative means of
access to physical evidence for those purposes.
(d) The actual costs of examination or copying pursuant to this
section shall be borne or reimbursed by the defendant.



1054.10. (a) Except as provided in subdivision (b), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else copies of child pornography
evidence, unless specifically permitted to do so by the court after a
hearing and a showing of good cause.
(b) Notwithstanding subdivision (a), an attorney may disclose or
permit to be disclosed copies of child pornography evidence to
persons employed by the attorney or to persons appointed by the court
to assist in the preparation of a defendant's case if that
disclosure is required for that preparation. Persons provided this
material by an attorney shall be informed by the attorney that
further dissemination of the material, except as provided by this
section, is prohibited.

[هيثم الفقى]

CHALLENGING THE JURY

1065. If, either upon an exception to the challenge or a denial of
the facts, the challenge is allowed, the Court must discharge the
jury so far as the trial in question is concerned. If it is
disallowed, the Court must direct the jury to be impaneled.




(1083.) Section Ten Hundred and Eighty-three. The Court must allow
or disallow the challenge, and its decision must be entered in the
minutes of the Court.


1089. Whenever, in the opinion of a judge of a superior court about
to try a defendant against whom has been filed any indictment or
information or complaint, the trial is likely to be a protracted one,
the court may cause an entry to that effect to be made in the
minutes of the court, and thereupon, immediately after the jury is
impaneled and sworn, the court may direct the calling of one or more
additional jurors, in its discretion, to be known as "alternate
jurors."
The alternate jurors must be drawn from the same source, and in
the same manner, and have the same qualifications as the jurors
already sworn, and be subject to the same examination and challenges,
provided that the prosecution and the defendant shall each be
entitled to as many peremptory challenges to the alternate jurors as
there are alternate jurors called. When two or more defendants are
tried jointly each defendant shall be entitled to as many peremptory
challenges to the alternate jurors as there are alternate jurors
called. The prosecution shall be entitled to additional peremptory
challenges equal to the number of all the additional separate
challenges allowed the defendant or defendants to the alternate
jurors.
The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and must
attend at all times upon the trial of the cause in company with the
other jurors, and for a failure so to do are liable to be punished
for contempt.
They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury the alternate jurors shall be kept
in the custody of the sheriff or marshal and shall not be discharged
until the original jurors are discharged, except as hereinafter
provided.
If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take a place in the jury box,
and be subject to the same rules and regulations as though the
alternate juror had been selected as one of the original jurors.

[هيثم الفقى]

1093. The jury having been impaneled and sworn, unless waived, the
trial shall proceed in the following order, unless otherwise directed
by the court:
(a) If the accusatory pleading be for a felony, the clerk shall
read it, and state the plea of the defendant to the jury, and in
cases where it charges a previous conviction, and the defendant has
confessed the same, the clerk in reading it shall omit therefrom all
that relates to such previous conviction. In all other cases this
formality may be dispensed with.
(b) The district attorney, or other counsel for the people, may
make an opening statement in support of the charge. Whether or not
the district attorney, or other counsel for the people, makes an
opening statement, the defendant or his or her counsel may then make
an opening statement, or may reserve the making of an opening
statement until after introduction of the evidence in support of the
charge.
(c) The district attorney, or other counsel for the people shall
then offer the evidence in support of the charge. The defendant or
his or her counsel may then offer his or her evidence in support of
the defense.
(d) The parties may then respectively offer rebutting testimony
only, unless the court, for good reason, in furtherance of justice,
permit them to offer evidence upon their original case.
(e) When the evidence is concluded, unless the case is submitted
on either side, or on both sides, without argument, the district
attorney, or other counsel for the people, and counsel for the
defendant, may argue the case to the court and jury; the district
attorney, or other counsel for the people, opening the argument and
having the right to close.
(f) The judge may then charge the jury, and shall do so on any
points of law pertinent to the issue, if requested by either party;
and the judge may state the testimony, and he or she may make such
comment on the evidence and the testimony and credibility of any
witness as in his or her opinion is necessary for the proper
determination of the case and he or she may declare the law. At the
beginning of the trial or from time to time during the trial, and
without any request from either party, the trial judge may give the
jury such instructions on the law applicable to the case as the judge
may deem necessary for their guidance on hearing the case. Upon the
jury retiring for deliberation, the court shall advise the jury of
the availability of a written copy of the jury instructions. The
court may, at its discretion, provide the jury with a copy of the
written instructions given. However, if the jury requests the court
to supply a copy of the written instructions, the court shall supply
the jury with a copy.



1093.5. In any criminal case which is being tried before the court
with a jury, all requests for instructions on points of law must be
made to the court and all proposed instructions must be delivered to
the court before commencement of argument. Before the commencement
of the argument, the court, on request of counsel, must: (1) decide
whether to give, refuse, or modify the proposed instructions; (2)
decide which instructions shall be given in addition to those
proposed, if any; and (3) advise counsel of all instructions to be
given. However, if, during the argument, issues are raised which
have not been covered by instructions given or refused, the court
may, on request of counsel, give additional instructions on the
subject matter thereof.



1094. When the state of the pleadings requires it, or in any other
case, for good reasons, and in the sound discretion of the Court, the
order prescribed in the last section may be departed from.



1095. If the offense charged is punishable with death, two counsel
on each side may argue the cause. In any other case the court may,
in its discretion, restrict the argument to one counsel on each side.



1096. A defendant in a criminal action is presumed to be innocent
until the contrary is proved, and in case of a reasonable doubt
whether his or her guilt is satisfactorily shown, he or she is
entitled to an acquittal, but the effect of this presumption is only
to place upon the state the burden of proving him or her guilty
beyond a reasonable doubt. Reasonable doubt is defined as follows:
"It is not a mere possible doubt; because everything relating to
human affairs is open to some possible or imaginary doubt. It is
that state of the case, which, after the entire comparison and
consideration of all the evidence, leaves the minds of jurors in that
condition that they cannot say they feel an abiding conviction of
the truth of the charge."



1096a. In charging a jury, the court may read to the jury Section
1096, and no further instruction on the subject of the presumption of
innocence or defining reasonable doubt need be given.



1097. When it appears that the defendant has committed a public
offense, or attempted to commit a public offense, and there is
reasonable ground of doubt in which of two or more degrees of the
crime or attempted crime he is guilty, he can be convicted of the
lowest of such degrees only.



1098. When two or more defendants are jointly charged with any
public offense, whether felony or misdemeanor, they must be tried
jointly, unless the court order separate trials. In ordering
separate trials, the court in its discretion may order a separate
trial as to one or more defendants, and a joint trial as to the
others, or may order any number of the defendants to be tried at one
trial, and any number of the others at different trials, or may order
a separate trial for each defendant; provided, that where two or
more persons can be jointly tried, the fact that separate accusatory
pleadings were filed shall not prevent their joint trial.




1099. When two or more defendants are included in the same
accusatory pleading, the court may, at any time before the defendants
have gone into their defense, on the application of the prosecuting
attorney, direct any defendant to be discharged, that he may be a
witness for the people.



1100. When two or more defendants are included in the same
accusatory pleading, and the court is of opinion that in regard to a
particular defendant there is not sufficient evidence to put him on
his defense, it must order him to be discharged before the evidence
is closed, that he may be a witness for his codefendant.




1101. The order mentioned in Sections 1099 and 1100 is an acquittal
of the defendant discharged, and is a bar to another prosecution for
the same offense.


1102. The rules of evidence in civil actions are applicable also to
criminal actions, except as otherwise provided in this Code.



1102.6. The right of a victim of crime to be present during any
criminal proceeding shall be secured as follows:
(a) Notwithstanding any other law, and except as specified in
subdivision (d), a victim shall be entitled to be present and seated
at all criminal proceedings where the defendant, the prosecuting
attorney, and the general public are entitled to be present.
(b) A victim may be excluded from a criminal proceeding only if
each of the following criteria are met:
(1) Any movant, including the defendant, who seeks to exclude the
victim from any criminal proceeding demonstrates that there is a
substantial probability that overriding interests will be prejudiced
by the presence of the victim. "Overriding interests" may include,
but are not limited to, the following:
(A) The defendant's right to a fair trial.
(B) The government's interest in inhibiting the disclosure of
sensitive information.
(C) The protection of witnesses from harassment and physical harm.

(D) The court's interest in maintaining order.
(E) The protection of ***ual offense victims from the trauma and
embarrassment of testifying.
(F) Safeguarding the physical and psychological well-being of a
minor.
(G) The preservation of trade secrets.
(2) The court considers reasonable alternatives to exclusion of
the victim from the criminal proceeding.
(3) The exclusion of the victim from any criminal proceeding, or
any limitation on his or her presence at any criminal proceeding, is
narrowly tailored to serve the overriding interests identified by the
movant.
(4) Following a hearing at which any victim who is to be excluded
from a criminal proceeding is afforded an opportunity to be heard,
the court makes specific factual findings that support the exclusion
of the victim from, or any limitation on his or her presence at, the
criminal proceeding.
(c) As used in this section, "victim" means (1) the alleged victim
of the offense and one person of his or her choosing or however many
more the court may allow under the particular circumstances
surrounding the proceeding, (2) in the event that the victim is
unable to attend the proceeding, two persons designated by the victim
or however many more the court may allow under the particular
circumstances surrounding the proceeding, or (3) if the victim is no
longer living, two members of the victim's immediate family or
however many more the court may allow under the particular
circumstances surrounding the proceeding.
(d) Nothing in this section shall prevent a court from excluding a
victim from a criminal proceeding, pursuant to Section 777 of the
Evidence Code, when the victim is subpoenaed as a witness. An order
of exclusion shall be consistent with the objectives of paragraphs
(1) to (4), inclusive, of subdivision (b) to allow the victim to be
present, whenever possible, at all proceedings.



1108. Upon a trial for procuring or attempting to procure an
abortion, or aiding or assisting therein, or for inveigling,
enticing, or taking away an unmarried female of previous chaste
character, under the age of eighteen years, for the purpose of
prostitution, or aiding or assisting therein, the defendant cannot be
convicted upon the testimony of the woman upon or with whom the
offense was committed, unless she is corroborated by other evidence.



1111. A conviction can not be had upon the testimony of an
accomplice unless it be corroborated by such other evidence as shall
tend to connect the defendant with the commission of the offense; and
the corroboration is not sufficient if it merely shows the
commission of the offense or the circumstances thereof.
An accomplice is hereby defined as one who is liable to
prosecution for the identical offense charged against the defendant
on trial in the cause in which the testimony of the accomplice is
given.



1112. Notwithstanding the provisions of subdivision (d) of Section
28 of Article I of the California Constitution, the trial court shall
not order any prosecuting witness, complaining witness, or any other
witness, or victim in any ***ual assault prosecution to submit to a
psychiatric or psychological examination for the purpose of assessing
his or her credibility.



1113. The Court may direct the jury to be discharged where it
appears that it has not jurisdiction of the offense, or that the
facts charged do not constitute an offense punishable by law.



1114. If the jury be discharged because the Court has not
jurisdiction of the offense charged, and it appear that it was
committed out of the jurisdiction of this State, the defendant must
be discharged.



1115. If the offense was committed within the exclusive
jurisdiction of another county of this State, the Court must direct
the defendant to be committed for such time as it deems reasonable,
to await a warrant from the proper county for his arrest; or if the
offense is a misdemeanor only, it may admit him to bail in an
undertaking, with sufficient sureties, that he will, within such time
as the Court may appoint, render himself amenable to a warrant for
his arrest from the proper county; and, if not sooner arrested
thereon, will attend at the office of the Sheriff of the county where
the trial was had, at a certain time particularly specified in the
undertaking, to surrender himself upon the warrant, if issued, or
that his bail will forfeit such sum as the Court may fix, to be
mentioned in the undertaking; and the Clerk must forthwith transmit a
certified copy of the indictment or information, and of all the
papers filed in the action, to the District Attorney of the proper
county, the expense of which transmission is chargeable to that
county.



1116. If the defendant is not arrested on a warrant from the proper
county, as provided in section 1115, he must be discharged from
custody, or his bail in the action is exonerated, or money deposited
instead of bail must be refunded to him or to the person or persons
found by the court to have deposited said money on behalf of said
defendant, as the case may be, and the sureties in the undertaking,
as mentioned in that section, must be discharged. If he is arrested,
the same proceedings must be had thereon as upon the arrest of a
defendant in another county on a warrant of arrest issued by a
magistrate.


1117. If the jury is discharged because the facts as charged do not
constitute an offense punishable by law, the court must order that
the defendant, if in custody, be discharged; or if admitted to bail,
that his bail be exonerated; or, if he has deposited money or if
money has been deposited by another or others instead of bail for his
appearance, that the money be refunded to him or to the person or
persons found by the court to have deposited said money on behalf of
said defendant, unless in its opinion a new indictment or information
can be framed upon which the defendant can be legally convicted, in
which case it may direct the district attorney to file a new
information, or (if the defendant has not been committed by a
magistrate) direct that the case be submitted to the same or another
grand jury; and the same proceedings must be had thereon as are
prescribed in section 998; provided, that after such order or
submission the defendant may be examined before a magistrate, and
discharged or committed by him as in other cases.




1118. In a case tried by the court without a jury, a jury having
been waived, the court on motion of the defendant or on its own
motion shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading after the
evidence of the prosecution has been closed if the court, upon
weighing the evidence then before it, finds the defendant not guilty
of such offense or offenses. If such a motion for judgment of
acquittal at the close of the evidence offered by the prosecution is
not granted, the defendant may offer evidence without first having
reserved that right.


1118.1. In a case tried before a jury, the court on motion of the
defendant or on its own motion, at the close of the evidence on
either side and before the case is submitted to the jury for
decision, shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading if the
evidence then before the court is insufficient to sustain a
conviction of such offense or offenses on appeal. If such a motion
for judgment of acquittal at the close of the evidence offered by the
prosecution is not granted, the defendant may offer evidence without
first having reserved that right.



1118.2. A judgment of acquittal entered pursuant to the provisions
of Section 1118 or 1118.1 shall not be appealable and is a bar to any
other prosecution for the same offense.



1119. When, in the opinion of the court, it is proper that the jury
should view the place in which the offense is charged to have been
committed, or in which any other material fact occurred, or any
personal property which has been referred to in the evidence and
cannot conveniently be brought into the courtroom, it may order the
jury to be conducted in a body, in the custody of the sheriff or
marshal, as the case may be, to the place, or to the property, which
must be shown to them by a person appointed by the court for that
purpose; and the officer must be sworn to suffer no person to speak
or communicate with the jury, nor to do so himself or herself, on any
subject connected with the trial, and to return them into court
without unnecessary delay, or at a specified time.



1120. If a juror has any personal knowledge respecting a fact in
controversy in a cause, he must declare the same in open court during
the trial. If, during the retirement of the jury, a juror declare a
fact which could be evidence in the cause, as of his own knowledge,
the jury must return into court. In either of these cases, the juror
making the statement must be sworn as a witness and examined in the
presence of the parties in order that the court may determine whether
good cause exists for his discharge as a juror.



1121. The jurors sworn to try an action may, in the discretion of
the court, be permitted to separate or be kept in charge of a proper
officer. Where the jurors are permitted to separate, the court shall
properly admonish them. Where the jurors are kept in charge of a
proper officer, the officer must be sworn to keep the jurors together
until the next meeting of the court, to suffer no person to speak to
them or communicate with them, nor to do so himself, on any subject
connected with the trial, and to return them into court at the next
meeting thereof.



1122. (a) After the jury has been sworn and before the people's
opening address, the court shall instruct the jury generally
concerning its basic functions, duties, and conduct. The
instructions shall include, among other matters, admonitions that the
jurors shall not converse among themselves, or with anyone else, on
any subject connected with the trial; that they shall not read or
listen to any accounts or discussions of the case reported by
newspapers or other news media; that they shall not visit or view the
premises or place where the offense or offenses charged were
allegedly committed or any other premises or place involved in the
case; that prior to, and within 90 days of, discharge, they shall not
request, accept, agree to accept, or discuss with any person
receiving or accepting, any payment or benefit in consideration for
supplying any information concerning the trial; and that they shall
promptly report to the court any incident within their knowledge
involving an attempt by any person to improperly influence any member
of the jury.
(b) The jury shall also, at each adjournment of the court before
the submission of the cause to the jury, whether permitted to
separate or kept in charge of officers, be admonished by the court
that it is their duty not to converse among themselves, or with
anyone else, on any subject connected with the trial, or to form or
express any opinion thereon until the cause is finally submitted to
them.



1122.5. (a) The court, in its discretion, may, at each adjournment
of the court before the submission of the cause to the jury, admonish
the jury, whether permitted to be separate or kept in charge of
officers, that, on pain of contempt of court, no juror shall, prior
to discharge, accept, agree to accept, or benefit, directly or
indirectly, from any payment or other consideration for supplying any
information concerning the trial.
(b) In enacting this section, the Legislature recognizes that the
appearance of justice, and justice itself, may be undermined by any
juror who, prior to discharge, accepts, agrees to accept, or benefits
from valuable consideration for providing information concerning a
criminal trial.



1124. The Court must decide all questions of law which arise in the
course of a trial.



1126. In a trial for any offense , questions of law are to be
decided by the court, and questions of fact by the jury. Although
the jury has the power to find a general verdict, which includes
questions of law as well as of fact, they are bound, nevertheless, to
receive as law what is laid down as such by the court.




1127. All instructions given shall be in writing, unless there is a
phonographic reporter present and he takes them down, in which case
they may be given orally; provided however, that in all misdemeanor
cases oral instructions may be given pursuant to stipulation of the
prosecuting attorney and counsel for the defendant. In charging the
jury the court may instruct the jury regarding the law applicable to
the facts of the case, and may make such comment on the evidence and
the testimony and credibility of any witness as in its opinion is
necessary for the proper determination of the case and in any
criminal case, whether the defendant testifies or not, his failure to
explain or to deny by his testimony any evidence or facts in the
case against him may be commented upon by the court. The court shall
inform the jury in all cases that the jurors are the exclusive
judges of all questions of fact submitted to them and of the
credibility of the witnesses. Either party may present to the court
any written charge on the law, but not with respect to matters of
fact, and request that it be given. If the court thinks it correct
and pertinent, it must be given; if not, it must be refused. Upon
each charge presented and given or refused, the court must endorse
and sign its decision and a statement showing which party requested
it. If part be given and part refused, the court must distinguish,
showing by the endorsement what part of the charge was given and what
part refused.


1127a. (a) As used in this section, an "in-custody informant" means
a person, other than a codefendant, percipient witness, accomplice,
or coconspirator whose testimony is based upon statements made by the
defendant while both the defendant and the informant are held within
a correctional institution.
(b) In any criminal trial or proceeding in which an in-custody
informant testifies as a witness, upon the request of a party, the
court shall instruct the jury as follows:
"The testimony of an in-custody informant should be viewed with
caution and close scrutiny. In evaluating such testimony, you should
consider the extent to which it may have been influenced by the
receipt of, or expectation of, any benefits from the party calling
that witness. This does not mean that you may arbitrarily disregard
such testimony, but you should give it the weight to which you find
it to be entitled in the light of all the evidence in the case."
(c) When the prosecution calls an in-custody informant as a
witness in any criminal trial, contemporaneous with the calling of
that witness, the prosecution shall file with the court a written
statement setting out any and all consideration promised to, or
received by, the in-custody informant.
The statement filed with the court shall not expand or limit the
defendant's right to discover information that is otherwise provided
by law. The statement shall be provided to the defendant or the
defendant's attorney prior to trial and the information contained in
the statement shall be subject to rules of evidence.
(d) For purposes of subdivision (c), "consideration" means any
plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, benefit, immunity, financial
assistance, reward, or amelioration of current or future conditions
of incarceration in return for, or in connection with, the informant'
s testimony in the criminal proceeding in which the prosecutor
intends to call him or her as a witness.



1127b. When, in any criminal trial or proceeding, the opinion of
any expert witness is received in evidence, the court shall instruct
the jury substantially as follows:
Duly qualified experts may give their opinions on questions in
controversy at a trial. To assist the jury in deciding such
questions, the jury may consider the opinion with the reasons stated
therefor, if any, by the expert who gives the opinion. The jury is
not bound to accept the opinion of any expert as conclusive, but
should give to it the weight to which they shall find it to be
entitled. The jury may, however, disregard any such opinion, if it
shall be found by them to be unreasonable.
No further instruction on the subject of opinion evidence need be
given.



1127c. In any criminal trial or proceeding where evidence of flight
of a defendant is relied upon as tending to show guilt, the court
shall instruct the jury substantially as follows:
The flight of a person immediately after the commission of a
crime, or after he is accused of a crime that has been committed, is
not sufficient in itself to establish his guilt, but is a fact which,
if proved, the jury may consider in deciding his guilt or innocence.
The weight to which such circumstance is entitled is a matter for
the jury to determine.
No further instruction on the subject of flight need be given.



1127d. (a) In any criminal prosecution for the crime of rape, or
for violation of Section 261.5, or for an attempt to commit, or
assault with intent to commit, any such crime, the jury shall not be
instructed that it may be inferred that a person who has previously
consented to ***ual intercourse with persons other than the defendant
or with the defendant would be therefore more likely to consent to
***ual intercourse again. However, if evidence was received that
the victim consented to and did engage in ***ual intercourse with the
defendant on one or more occasions prior to that charged against the
defendant in this case, the jury shall be instructed that this
evidence may be considered only as it relates to the question of
whether the victim consented to the act of intercourse charged
against the defendant in the case, or whether the defendant had a
good faith reasonable belief that the victim consented to the act of
***ual intercourse. The jury shall be instructed that it shall not
consider this evidence for any other purpose.
(b) A jury shall not be instructed that the prior ***ual conduct
in and of itself of the complaining witness may be considered in
determining the credibility of the witness pursuant to Chapter 6
(commencing with Section 780) of Division 6 of the Evidence Code.



1127e. The term "unchaste character" shall not be used by any court
in any criminal case in which the defendant is charged with a
violation of Section 261, 261.5, or 262 of the Penal Code, or attempt
to commit or assault with intent to commit any crime defined in any
of these sections, in any instruction to the jury.




1127f. In any criminal trial or proceeding in which a child 10
years of age or younger testifies as a witness, upon the request of a
party, the court shall instruct the jury, as follows:
In evaluating the testimony of a child you should consider all of
the factors surrounding the child's testimony, including the age of
the child and any evidence regarding the child's level of cognitive
development. Although, because of age and level of cognitive
development, a child may perform differently as a witness from an
adult, that does not mean that a child is any more or less credible a
witness than an adult. You should not discount or distrust the
testimony of a child solely because he or she is a child.



1127g. In any criminal trial or proceeding in which a person with a
developmental disability, or cognitive, mental, or communication
impairment testifies as a witness, upon the request of a party, the
court shall instruct the jury, as follows:
In evaluating the testimony of a person with a developmental
disability, or cognitive, mental, or communication impairment, you
should consider all of the factors surrounding the person's
testimony, including their level of cognitive development. Although,
because of his or her level of cognitive development, a person with
a developmental disability, or cognitive, mental, or communication
impairment may perform differently as a witness, that does not mean
that a person with a developmental disability, or cognitive, mental,
or communication impairment is any more or less credible a witness
than another witness. You should not discount or distrust the
testimony of a person with a developmental disability, or cognitive,
mental, or communication impairment solely because he or she is a
person with a developmental disability, or cognitive, mental, or
communication impairment.



1127h. In any criminal trial or proceeding, upon the request of a
party, the court shall instruct the jury substantially as follows:
"Do not let bias, sympathy, prejudice, or public opinion influence
your decision. Bias includes bias against the victim or victims,
witnesses, or defendant based upon his or her disability, gender,
nationality, race or ethnicity, religion, gender identity, or ***ual
orientation."



1128. After hearing the charge, the jury may either decide in court
or may retire for deliberation. If they do not agree without
retiring for deliberation, an officer must be sworn to keep them
together for deliberation in some private and convenient place, and,
during such deliberation, not to permit any person to speak to or
communicate with them, nor to do so himself, unless by order of the
court, or to ask them whether they have agreed upon a verdict, and to
return them into court when they have so agreed, or when ordered by
the court. The court shall fix the time and place for deliberation.
The jurors shall not deliberate on the case except under such
circumstances. If the jurors are permitted by the court to separate,
the court shall properly admonish them. When the jury is composed
of both men and women and the jurors are not permitted by the court
to separate, in the event that it shall become necessary to retire
for the night, the women must be kept in a room or rooms separate and
apart from the men.


1129. When a defendant who has given bail appears for trial, the
Court may, in its discretion, at any time after his appearance for
trial, order him to be committed to the custody of the proper officer
of the county, to abide the judgment or further order of the court,
and he must be committed and held in custody accordingly.




1130. If the prosecuting attorney fails to attend at the trial of a
felony, the court must appoint an attorney at law to perform the
duties of the prosecuting attorney on such trial.

[هيثم الفقى]

1137. Upon retiring for deliberation, the jury may take with them
all papers (except depositions) which have been received as evidence
in the cause, or copies of such public records or private documents
given in evidence as ought not, in the opinion of the court, to be
taken from the person having them in possession. They may also take
with them the written instructions given, and notes of the testimony
or other proceedings on the trial, taken by themselves or any of
them, but none taken by any other person. The court shall provide
for the custody and safekeeping of such items.



1138. After the jury have retired for deliberation, if there be any
disagreement between them as to the testimony, or if they desire to
be informed on any point of law arising in the case, they must
require the officer to conduct them into court. Upon being brought
into court, the information required must be given in the presence
of, or after notice to, the prosecuting attorney, and the defendant
or his counsel, or after they have been called.



1138.5. Except for good cause shown, the judge in his of her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.



1140. Except as provided by law, the jury cannot be discharged
after the cause is submitted to them until they have agreed upon
their verdict and rendered it in open court, unless by consent of
both parties, entered upon the minutes, or unless, at the expiration
of such time as the court may deem proper, it satisfactorily appears
that there is no reasonable probability that the jury can agree.



1141. In all cases where a jury is discharged or prevented from
giving a verdict by reason of an accident or other cause, except
where the defendant is discharged during the progress of the trial,
or after the cause is submitted to them, the cause may be again
tried.



1142. While the jury are absent the Court may adjourn from time to
time, as to other business, but it must nevertheless be open for
every purpose connected with the cause submitted to the jury until a
verdict is rendered or the jury discharged.

[هيثم الفقى]

1147. When the jury have agreed upon their verdict, they must be
conducted into court by the officer having them in charge. Their
names must then be called, and if all do not appear, the rest must be
discharged without giving a verdict. In that case the action may be
again tried.



1148. If charged with a felony the defendant must, before the
verdict is received, appear in person, unless, after the exercise of
reasonable diligence to procure the presence of the defendant, the
court shall find that it will be in the interest of justice that the
verdict be received in his absence. If for a misdemeanor, the
verdict may be rendered in his absence.



1149. When the jury appear they must be asked by the Court, or
Clerk, whether they have agreed upon their verdict, and if the
foreman answers in the affirmative, they must, on being required,
declare the same.


1150. The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may, except upon a trial for libel, find a special
verdict.


1151. A general verdict upon a plea of not guilty is either "guilty"
or "not guilty," which imports a conviction or acquittal of the
offense charged in the accusatory pleading. Upon a plea of a former
conviction or acquittal of the offense charged, or upon a plea of
once in jeopardy, the general verdict is either "for the people" or
"for the defendant." When the defendant is acquitted on the ground
of a variance between the accusatory pleading and the proof, the
verdict is "not guilty by reason of variance between charge and
proof."


1152. A special verdict is that by which the jury find the facts
only, leaving the judgment to the Court. It must present the
conclusions of fact as established by the evidence, and not the
evidence to prove them, and these conclusions of fact must be so
presented as that nothing remains to the Court but to draw
conclusions of law upon them.



1153. The special verdict must be reduced to writing by the jury,
or in their presence entered upon the minutes of the Court, read to
the jury and agreed to by them, before they are discharged.



1154. The special verdict need not be in any particular form, but
is sufficient if it presents intelligibly the facts found by the
jury.


1155. The court must give judgment upon the special verdict as
follows:
1. If the plea is not guilty, and the facts prove the defendant
guilty of the offense charged in the indictment or information, or of
any other offense of which he could be convicted under that
indictment or information, judgment must be given accordingly. But
if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal or once in
jeopardy of the same offense, the court must give judgment of
acquittal or conviction, as the facts prove or fail to prove the
former conviction or acquittal or jeopardy.



1156. If the jury do not, in a special verdict, pronounce
affirmatively or negatively on the facts necessary to enable the
court to give judgment, or if they find the evidence of facts merely,
and not the conclusions of fact, from the evidence, as established
to their satisfaction, the court shall direct the jury to retire and
return another special verdict. The court may explain to the jury
the defect or insufficiency in the special verdict returned, and the
form which the special verdict to be returned must take.



1157. Whenever a defendant is convicted of a crime or attempt to
commit a crime which is distinguished into degrees, the jury, or the
court if a jury trial is waived, must find the degree of the crime or
attempted crime of which he is guilty. Upon the failure of the jury
or the court to so determine, the degree of the crime or attempted
crime of which the defendant is guilty, shall be deemed to be of the
lesser degree.



1158. Whenever the fact of a previous conviction of another offense
is charged in an accusatory pleading, and the defendant is found
guilty of the offense with which he is charged, the jury, or the
judge if a jury trial is waived, must unless the answer of the
defendant admits such previous conviction, find whether or not he has
suffered such previous conviction. The verdict or finding upon the
charge of previous conviction may be: "We (or I) find the charge of
previous conviction true" or "We (or I) find the charge of previous
conviction not true," according as the jury or the judge find that
the defendant has or has not suffered such conviction. If more than
one previous conviction is charged a separate finding must be made as
to each.



1158a. (a) Whenever the fact that a defendant was armed with a
weapon either at the time of his commission of the offense or at the
time of his arrest, or both, is charged in accordance with section
969c of this code, in any count of the indictment or information to
which the defendant has entered a plea of not guilty, the jury, if
they find a verdict of guilty of the offense with which the defendant
is charged, or of any offense included therein, must also find
whether or not the defendant was armed as charged in the count to
which the plea of not guilty was entered. The verdict of the jury
upon a charge of being armed may be: "We find the charge of being
armed contained in the ____ count true," or "We find the charge of
being armed contained in the ____ count not true," as they find that
the defendant was or was not armed as charged in any particular count
of the indictment or information. A separate verdict upon the
charge of being armed must be returned for each count which alleges
that the defendant was armed.
(b) Whenever the fact that a defendant used a firearm is charged
in accordance with Section 969d in any count of the indictment or
information to which the defendant has entered a plea of not guilty,
the jury if they find a verdict of guilty of the offense with which
the defendant is charged must also find whether or not the defendant
used a firearm as charged in the count to which the plea of not
guilty was entered. A verdict of the jury upon a charge of using a
firearm may be: "We find the charge of using a firearm contained in
the ____ count true," or "We find the charge of using a firearm
contained in the ____ count not true," as they find that the
defendant used or did not use a firearm as charged in any particular
count of the indictment or information. A separate verdict upon the
charge of using a firearm shall be returned for each count which
alleges that defendant used a firearm.



1159. The jury, or the judge if a jury trial is waived, may find
the defendant guilty of any offense, the commission of which is
necessarily included in that with which he is charged, or of an
attempt to commit the offense.


1160. On a charge against two or more defendants jointly, if the
jury cannot agree upon a verdict as to all, they may render a verdict
as to the defendant or defendants in regard to whom they do agree,
on which a judgment must be entered accordingly, and the case as to
the other may be tried again.
Where two or more offenses are charged in any accusatory pleading,
if the jury cannot agree upon a verdict as to all of them, they may
render a verdict as to the charge or charges upon which they do
agree, and the charges on which they do not agree may be tried again.




1161. When there is a verdict of conviction, in which it appears to
the Court that the jury have mistaken the law, the Court may explain
the reason for that opinion and direct the jury to reconsider their
verdict, and if, after the reconsideration, they return the same
verdict, it must be entered; but when there is a verdict of
acquittal, the Court cannot require the jury to reconsider it. If
the jury render a verdict which is neither general nor special, the
Court may direct them to reconsider it, and it cannot be recorded
until it is rendered in some form from which it can be clearly
understood that the intent of the jury is either to render a general
verdict or to find the facts specially and to leave the judgment to
the Court.



1162. If the jury persist in finding an informal verdict, from
which, however, it can be clearly understood that their intention is
to find in favor of the defendant upon the issue, it must be entered
in the terms in which it is found, and the Court must give judgment
of acquittal. But no judgment of conviction can be given unless the
jury expressly find against the defendant upon the issue, or judgment
is given against him on a special verdict.



1163. When a verdict is rendered, and before it is recorded, the
jury may be polled, at the request of either party, in which case
they must be severally asked whether it is their verdict, and if any
one answer in the negative, the jury must be sent out for further
deliberation.



1164. (a) When the verdict given is receivable by the court, the
clerk shall record it in full upon the minutes, and if requested by
any party shall read it to the jury, and inquire of them whether it
is their verdict. If any juror disagrees, the fact shall be entered
upon the minutes and the jury again sent out; but if no disagreement
is expressed, the verdict is complete, and the jury shall, subject to
subdivision (b), be discharged from the case.
(b) No jury shall be discharged until the court has verified on
the record that the jury has either reached a verdict or has formally
declared its inability to reach a verdict on all issues before it,
including, but not limited to, the degree of the crime or crimes
charged, and the truth of any alleged prior conviction whether in the
same proceeding or in a bifurcated proceeding.



1165. Where a general verdict is rendered or a finding by the court
is made in favor of the defendant, except on a plea of not guilty by
reason of insanity, a judgment of acquittal must be forthwith given.
If such judgment is given, or a judgment imposing a fine only,
without imprisonment for nonpayment is given, and the defendant is
not detained for any other legal cause, he must be discharged, if in
custody, as soon as the judgment is given, except that where the
acquittal is because of a variance between the pleading and the proof
which may be obviated by a new accusatory pleading, the court may
order his detention, to the end that a new accusatory pleading may be
preferred, in the same manner and with like effect as provided in
Section 1117.



1166. If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or she shall be committed to the proper officer of
the county to await the judgment of the court upon the verdict,
unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail. When committed, his or
her bail is exonerated, or if money is deposited instead of bail it
must be refunded to the defendant or to the person or persons found
by the court to have deposited said money on behalf of said
defendant.


1167. When a jury trial is waived, the judge or justice before whom
the trial is had shall, at the conclusion thereof, announce his
findings upon the issues of fact, which shall be in substantially the
form prescribed for the general verdict of a jury and shall be
entered upon the minutes.



1168. (a) Every person who commits a public offense, for which any
specification of three time periods of imprisonment in any state
prison is now prescribed by law or for which only a single term of
imprisonment in state prison is specified shall, unless such
convicted person be placed on probation, a new trial granted, or the
imposing of sentence suspended, be sentenced pursuant to Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2.
(b) For any person not sentenced under such provision, but who is
sentenced to be imprisoned in the state prison, including
imprisonment not exceeding one year and one day, the court imposing
the sentence shall not fix the term or duration of the period of
imprisonment.

[هيثم الفقى]

1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports including
reports received pursuant to Section 1203.03 and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraph (A) and (B)
or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.



1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall become operative on January 1, 2009.



1170.1. (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
(b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170 or subdivision (b) of Section 1168, the court shall
also impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall impose the middle term unless there are
circumstances in aggravation or mitigation, and state the reasons for
its sentence choice, other than the middle term, on the record at
the time of sentencing. The court shall also impose any other
additional term that the court determines in its discretion or as
required by law shall run consecutive to the term imposed under
Section 1170 or subdivision (b) of Section 1168. In considering the
imposition of the additional term, the court shall apply the
sentencing rules of the Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.



1170.11. As used in Section 1170.1, the term "specific enhancement"
means an enhancement that relates to the circumstances of the crime.
It includes, but is not limited to, the enhancements provided in
Sections 186.10, 186.11, 186.22, 186.26, 186.33, 273.4, 289.5, 290.4,
290.45, 290.46, 347, and 368, subdivisions (a) and (b) of Section
422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of
Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675,
12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9,
12022.95, 12072, and 12280 of this code, and in Sections 1522.01 and
11353.1, subdivision (b) of Section 11353.4, Sections 11353.6,
11356.5, 11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.7,
25189.5, and 25189.7 of the Health and Safety Code, and in Sections
20001 and 23558 of the Vehicle Code, and in Sections 10980 and 14107
of the Welfare and Institutions Code.



1170.12. (a) Notwithstanding any other provision of 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 felony convictions,
as defined in subdivision (b), 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 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 this section.
(7) If there is a current conviction for more than one serious or
violent felony as described in paragraph (6) of this subdivision, 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 this section will be imposed
consecutive to any other sentence which the defendant is already
serving, unless otherwise provided by law.
(b) Notwithstanding any other provision of law and for the
purposes of this section, a prior conviction of a 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 this section 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 this section:
(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 *** 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison. A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A prior juvenile adjudication shall constitute a prior felony
conviction for purposes of sentence enhancement if:
(A) The juvenile was sixteen years of age or older at the time he
or she committed the prior offense, and
(B) The prior offense is
(i) listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, or
(ii) listed in this subdivision as a felony, and
(C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law, and
(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.
(c) For purposes of this section, and in addition to any other
enhancements or punishment provisions which may apply, the following
shall apply where a defendant has a prior felony conviction:
(1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior felony convictions,
as defined in paragraph (1) of subdivision (b), 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 greater of
(i) three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior felony
convictions, or
(ii) twenty-five years or
(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) of
paragraph (2) of this subdivision 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) of paragraph (2) of
this subdivision shall not be merged therein but shall commence at
the time the person would otherwise have been released from prison.
(d) (1) Notwithstanding any other provision of law, this section
shall be applied in every case in which a defendant has a prior
felony conviction as defined in this section. The prosecuting
attorney shall plead and prove each prior felony conviction except as
provided in paragraph (2).
(2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
(e) Prior 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 convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior felony conviction allegation except as provided in paragraph
(2) of subdivision (d).



1170.125. Notwithstanding Section 2 of Proposition 184, as adopted
at the November 8, 1994, general election, for all offenses committed
on or after the effective date of this act, all references to
existing statutes in Section 1170.12 are to those statutes as they
existed on the effective date of this act, including amendments made
to those statutes by the act enacted during the 2005-06 Regular
Session that amended this section.



1170.13. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted pursuant to subdivision (b) of Section 139, the
subordinate term for each consecutive offense shall consist of the
full middle term.



1170.15. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted of a felony, and of an additional felony that is a
violation of Section 136.1 or 137 and that was committed against the
victim of, or a witness or potential witness with respect to, or a
person who was about to give material information pertaining to, the
first felony, or of a felony violation of Section 653f that was
committed to dissuade a witness or potential witness to the first
felony, the subordinate term for each consecutive offense that is a
felony described in this section shall consist of the full middle
term of imprisonment for the felony for which a consecutive term of
imprisonment is imposed, and shall include the full term prescribed
for any enhancements imposed for being armed with or using a
dangerous or deadly weapon or a firearm, or for inflicting great
bodily injury.


1170.16. In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
subdivision (a) of Section 192, whether or not the offenses were
committed during a single transaction.


1170.17. (a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully initiated in a court of criminal jurisdiction
without a prior finding that the person is not a fit and proper
subject to be dealt with under the juvenile court law, upon
subsequent conviction for any criminal offense, the person shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with the provisions set forth in subdivision
(a) of Section 1170.19, except under the circumstances described in
subdivision (b) or (c).
(b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is not a fit and proper subject to be dealt with under the
juvenile court law, and the prosecution for the offense could not
lawfully be initiated in a court of criminal jurisdiction, then
either of the following shall apply:
(1) The person shall be subject to the same sentence as an adult
convicted of the identical offense in accordance with the provisions
set forth in subdivision (a) of Section 1170.19, unless the person
prevails upon a motion brought pursuant to paragraph (2).
(2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person's fitness to be dealt with under
the juvenile court law and the court shall either conduct a fitness
hearing or suspend proceedings and remand the matter to the juvenile
court to prepare a social study and make a determination of fitness.
The person shall receive a disposition under the juvenile court law
only if the person demonstrates, by a preponderance of the evidence,
that he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

(A) The degree of criminal sophistication exhibited by the person.

(B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
(C) The person's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the person.
(E) The circumstances and gravity of the offense for which the
person has been convicted.
If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with the provisions of paragraph (1). If
the court conducting the hearing on fitness finds that the person is
a fit and proper subject for juvenile court jurisdiction, then the
person shall be subject to a disposition in accordance with the
provisions of subdivision (b) of Section 1170.19.
(c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
(1) The person shall be subject to a disposition under the
juvenile court law, in accordance with the provisions of subdivision
(b) of Section 1170.19, unless the district attorney prevails upon a
motion, as described in paragraph (2).
(2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the person is a fit and
proper subject to be dealt with under the juvenile court law. The
court shall either conduct a fitness hearing or suspend proceedings
and remand the matter to the juvenile court for a determination of
fitness. The person shall be subject to a juvenile disposition under
the juvenile court law unless the district attorney demonstrates, by
a preponderance of the evidence, that the person is not a fit and
proper subject to be dealt with under the juvenile court law, based
upon the five criteria set forth in paragraph (2) of subdivision (b).
If the person is found to be not a fit and proper subject to be
dealt with under the juvenile court law, then the person shall be
sentenced in the court where he or she was convicted, in accordance
with the provisions set forth in subdivision (a) of Section 1170.19.
If the person is found to be a fit and proper subject to be dealt
with under the juvenile court law, the person shall be subject to a
disposition, in accordance with the provisions of subdivision (b) of
Section 1170.19.
(d) Where the conviction is for the type of offense which, in
combination with the person's age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.



1170.19. (a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
(1) The person may be committed to the Youth Authority only to the
extent the person meets the eligibility criteria set forth in
Section 1732.6 of the Welfare and Institutions Code.
(2) The person shall not be housed in any facility under the
jurisdiction of the Department of Corrections, if the person is under
the age of 16 years.
(3) The person shall have his or her criminal court records
accorded the same degree of public access as the records pertaining
to the conviction of an adult for the identical offense.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may order a juvenile disposition under the juvenile court
law, in lieu of a sentence under this code, upon a finding that such
an order would serve the best interests of justice, protection of the
community, and the person being sentenced. Prior to ordering a
juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant
to Section 706 of the Welfare and Institutions Code, and shall state
that the social study made by the probation officer has been read and
considered by the court.
(b) Notwithstanding any other provision of law, the following
shall apply to a person who is eligible to receive a juvenile
disposition pursuant to Section 1170.17.
(1) The person shall be entitled a hearing on the proper
disposition of the case, conducted in accordance with the provisions
of Section 706 of the Welfare and Institutions Code. The court in
which the conviction occurred shall order the probation department to
prepare a written social study and recommendation concerning the
proper disposition of the case, prior to conducting the hearing or
remand the matter to the juvenile court for purposes of preparing the
social study, conducting the disposition hearing pursuant to Section
706 of the Welfare and Institutions Code, and making a disposition
order under the juvenile court law.
(2) The person shall have his or her conviction deemed to be a
finding of delinquency wardship under Section 602 of the Welfare and
Institutions Code.
(3) The person shall have his or her criminal court records
accorded the same degree of confidentiality as if the matter had been
initially prosecuted as a delinquency petition in the juvenile
court.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may impose an adult sentence under this code, in lieu of
ordering a juvenile disposition under the juvenile court law, upon a
finding that such an order would serve the best interests of justice,
protection of the community, and the person being sentenced. Prior
to ordering an adult sentence, the court shall cause to be received
into evidence a social study by the probation officer, prepared
pursuant to Section 706 of the Welfare and Institutions Code, and
shall state that the social study prepared by the probation officer
has been read and considered by the court.



1170.2. (a) In the case of any inmate who committed a felony prior
to July 1, 1977, who would have been sentenced under Section 1170 if
he or she had committed it after July 1, 1977, the Board of Prison
Terms shall determine what the length of time of imprisonment would
have been under Section 1170 without consideration of good-time
credit and utilizing the middle term of the offense bearing the
longest term of imprisonment of which the prisoner was convicted
increased by any enhancements justified by matters found to be true
and which were imposed by the court at the time of sentencing for
such felony. These matters include: being armed with a deadly or
dangerous weapon as specified in Section 211a, 460, 3024, or 12022
prior to July 1, 1977, which may result in a one-year enhancement
pursuant to the provisions of Section 12022; using a firearm as
specified in Section 12022.5 prior to July 1, 1977, which may result
in a two-year enhancement pursuant to the provisions of Section
12022.5; infliction of great bodily injury as specified in Section
213, 264, or 461 prior to July 1, 1977, which may result in a
three-year enhancement pursuant to the provisions of Section 12022.7;
any prior felony conviction as specified in any statute prior to
July 1, 1977, which prior felony conviction is the equivalent of a
prior prison term as defined in Section 667.5, which may result in
the appropriate enhancement pursuant to the provisions of Section
667.5; and any consecutive sentence.
(b) If the calculation required under subdivision (a) is less than
the time to be served prior to a release date set prior to July 1,
1977, or if a release date had not been set, the Board of Prison
Terms shall establish the prisoner's parole date, subject to
subdivision (d), on the date calculated under subdivision (a) unless
at least two of the commissioners of the Board of Prison Terms after
reviewing the prisoner's file, determine that due to the number of
crimes of which the prisoner was convicted, or due to the number of
prior convictions suffered by the prisoner, or due to the fact that
the prisoner was armed with a deadly weapon when the crime was
committed, or used a deadly weapon during the commission of the
crime, or inflicted or attempted to inflict great bodily injury on
the victim of the crime, the prisoner should serve a term longer than
that calculated in subdivision (a), in which event the prisoner
shall be entitled to a hearing before a panel consisting of at least
two commissioners of the Board of Prison Terms as provided for in
Section 3041.5. The Board of Prison Terms shall notify each prisoner
who is scheduled for such a hearing within 90 days of July 1, 1977,
or within 90 days of the date the prisoner is received by or returned
to the custody of the Department of Corrections, whichever is later.
The hearing shall be held before October 1, 1978, or within 120 days
of receipt of the prisoner, whichever is later. It is the intent of
the Legislature that the hearings provided for in this subdivision
shall be accomplished in the most expeditious manner possible. At
the hearing the prisoner shall be entitled to be represented by legal
counsel, a release date shall be set, and the prisoner shall be
informed in writing of the extraordinary factors specifically
considered determinative and on what basis the release date has been
calculated. In fixing a term under this section the board shall be
guided by, but not limited to, the term which reasonably could be
imposed on a person who committed a similar offense under similar
circumstances on or after July 1, 1977, and further, the board shall
be guided by the following finding and declaration hereby made by the
Legislature: that the necessity to protect the public from
repetition of extraordinary crimes of violence against the person is
the paramount consideration.
(c) Nothing in this section shall be deemed to keep an inmate in
the custody of the Department of Corrections for a period of time
longer than he would have been kept in its custody under the
provisions of law applicable to him prior to July 1, 1977. Nothing
in this section shall be deemed to require the release of an inmate
sentenced to consecutive sentences under the provisions of law
applicable to him prior to July 1, 1977, earlier than if he had been
sentenced to concurrent sentences.
(d) In the case of any prisoner who committed a felony prior to
July 1, 1977, who would have been sentenced under Section 1170 if the
felony was committed on or after July 1, 1977, the good behavior and
participation provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 shall apply from July 1,
1977, and thereafter.
(e) In the case of any inmate who committed a felony prior to July
1, 1977, who would have been sentenced under Section 1168 if the
felony was committed on or after July 1, 1977, the Board of Prison
Terms shall provide for release from prison as provided for by this
code.
(f) In the case of any inmate who committed a felony prior to July
1, 1977, the length, conditions, revocation, and other incidents of
parole shall be the same as if the prisoner had been sentenced for an
offense committed on or after July 1, 1977.
(g) Nothing in this chapter shall affect the eligibility for
parole under Article 3 (commencing with Section 3040) of Chapter 8 of
Title 1 of Part 3 of an inmate sentenced pursuant to Section 1168 as
operative prior to July 1, 1977, for a period of parole as specified
in subdivision (b) of Section 3000.
(h) In fixing a term under this section, the Board of Prison Terms
shall utilize the terms of imprisonment as provided in Chapter 1139
of the Statutes of 1976 and Chapter 165 of the Statutes of 1977.




1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.


1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall become operative on January 1, 2009.




1170.4. The Judicial Council shall collect and analyze relevant
information relating to sentencing practices in this state and other
jurisdictions. Such information shall be taken into consideration by
the Judicial Council in the adoption of rules pursuant to Section
1170.3.



1170.45. The Judicial Council shall collect data on criminal cases
statewide relating to the disposition of those cases according to the
race and ethnicity of the defendant, and report annually thereon to
the Legislature beginning no later than January 1, 1999. It is the
intent of the Legislature to appropriate funds to the Judicial
Council for this purpose.



1170.5. The Judicial Council shall conduct annual sentencing
institutes for trial court judges pursuant to Section 68551 of the
Government Code, toward the end of assisting the judge in the
imposition of appropriate sentences.


1170.7. Robbery or attempted robbery for the purpose of obtaining
any controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, when committed against
a pharmacist, pharmacy employee, or other person lawfully possessing
controlled substances, shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.71. The fact that a person who commits a violation of Section
288 has used obscene or harmful matter to induce, persuade, or
encourage the minor to engage in a lewd or lascivious act shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.72. Upon conviction of a violation of Section 11353, 11353.5,
11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a
finding of truth of an enhancing allegation pursuant to paragraph (3)
of subdivision (a) of Section 11353.1, Section 11353.6, or paragraph
(3) of subdivision (a) of Section 11380.1, the fact that the minor
was 11 years of age or younger shall be considered a circumstance in
aggravation when imposing a term under subdivision (b) of Section
1170.



1170.73. Upon conviction of a felony violation of Section 11377,
11378, or 11378.5 of the Health and Safety Code, the court shall
consider the quantity of controlled substance involved in determining
whether to impose an aggravated term under subdivision (b) of
Section 1170.



1170.74. Upon conviction of a felony violation of Section 11377,
11378, 11379, or 11379.6 of the Health and Safety Code, for an
offense involving methamphetamine, the fact that the controlled
substance is the crystalline form of methamphetamine shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.76. The fact that a defendant who commits or attempts to
commit a violation of Section 243.4, 245, or 273.5 is or has been a
member of the household of a minor or of the victim of the offense,
or the defendant is a marital or blood relative of the minor or the
victim, or the defendant or the victim is the natural parent,
adoptive parent, stepparent, or foster parent of the minor, and the
offense contemporaneously occurred in the presence of, or was
witnessed by, the minor shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.78. Upon a conviction of a violation of Section 451, the fact
that the person committed the offense in retaliation against the
owner or occupant of the property or structure burned, or against one
believed by the person to be the owner or occupant of the property
or structure burned, for any eviction or other legal action taken by
the owner or occupant, or believed owner or occupant, shall be a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170.



1170.8. (a) The fact that a robbery or an assault with a deadly
weapon or instrument or by means of any force likely to produce great
bodily injury was committed against a person while that person was
in a church, synagogue, or building owned and occupied by a religious
educational institution, or any other place primarily used as a
place of worship where religious services are regularly conducted,
shall be considered a circumstance in aggravation of the crime in
imposing a term under subdivision (b) of Section 1170.
(b) Upon conviction of any person for a violation of Section 451
or 453, the fact that the person intentionally burned, or intended to
burn, a church, synagogue, or building owned and occupied by a
religious educational institution, or any other place primarily used
as a place of worship where religious services are regularly
conducted, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.81. The fact that the intended victim of an attempted life
term crime was a peace officer, as described in subdivisions (a) and
(b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the
peace officer was engaged in the performance of his or her duties,
and the defendant knew or reasonably should have known that the
victim was a peace officer engaged in the performance of his or her
duties, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.82. Upon a conviction of a violation of Section 11352, 11360,
11379, or 11379.5 of the Health and Safety Code, the fact that the
person who committed the offense knew, or reasonably should have
known, that any of the following circumstances existed with regard to
the person to whom he or she unlawfully sold, furnished,
administered, or gave away a controlled substance, shall be a
circumstance in aggravation of the crime in imposing a term pursuant
to subdivision (b) of Section 1170:
(a) The person was pregnant at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.
(b) The person had been previously convicted of a violent felony,
as defined in subdivision (c) of Section 667.5.
(c) The person was in psychological treatment for a mental
disorder or for substance abuse at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.


1170.84. Upon conviction of any serious felony, listed in
subdivision (c) of Section 1192.7, it shall be considered a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170 if, during the course of the serious
felony, the person engaged in the tying, binding, or confining of any
victim.



1170.85. (a) Upon conviction of any felony assault or battery
offense, it shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170 if the
offense was committed to prevent or dissuade a person who is or may
become a witness from attending upon or testifying at any trial,
proceeding, or inquiry authorized by law, or if the offense was
committed because the person provided assistance or information to a
law enforcement officer, or to a public prosecutor in a criminal or
juvenile court proceeding.
(b) Upon conviction of any felony it shall be considered a
circumstance in aggravation in imposing a term under subdivision (b)
of Section 1170 if the victim of an offense is particularly
vulnerable, or unable to defend himself or herself, due to age or
significant disability.



1170.86. Upon conviction of a felony violation of Section 220, 261,
261.5, 264.1, or 266j the fact that the felony was committed within
a safe school zone, as defined in subdivision (c) of Section 626,
against a victim who was a pupil currently attending school, shall be
considered a circumstance in aggravation in imposing a term under
subdivision (b) of Section 1170.



1170.89. Where there is an applicable triad for an enhancement
related to the possession of, being armed with, use of, or furnishing
or supplying a firearm, set forth in Section 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a
person knew or had reason to believe that a firearm was stolen shall
constitute a circumstance in aggravation of the enhancement
justifying imposition of the upper term on that enhancement.



1170.9. (a) In the case of any person convicted of a criminal
offense who would otherwise be sentenced to county jail or state
prison and who alleges that he or she committed the offense as a
result of post-traumatic stress disorder, substance abuse, or
psychological problems stemming from service in a combat theater in
the United States military, the court shall, prior to sentencing,
hold a hearing to determine whether the defendant was a member of the
military forces of the United States who served in combat and shall
assess whether the defendant suffers from post-traumatic stress
disorder, substance abuse, or psychological problems as a result of
that service.
(b) If the court concludes that a defendant convicted of a
criminal offense is a person described in subdivision (a), and if the
defendant is otherwise eligible for probation and the court places
the defendant on probation, the court may order the defendant into a
local, state, federal, or private nonprofit treatment program for a
period not to exceed that which the defendant would have served in
state prison or county jail, provided the defendant agrees to
participate in the program and the court determines that an
appropriate treatment program exists.
(c) If a referral is made to the county mental health authority,
the county shall be obligated to provide mental health treatment
services only to the extent that resources are available for that
purpose, as described in paragraph (5) of subdivision (b) of Section
5600.3 of the Welfare and Institutions Code. If mental health
treatment services are ordered by the court, the county mental health
agency shall coordinate appropriate referral of the defendant to the
county veterans service officer, as described in paragraph (5) of
subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. The county mental health agency shall not be responsible for
providing services outside its traditional scope of services. An
order shall be made referring a defendant to a county mental health
agency only if that agency has agreed to accept responsibility for
the treatment of the defendant.
(d) When determining the "needs of the defendant," for purposes of
Section 1202.7, the court shall consider the fact that the defendant
is a person described in subdivision (a) in assessing whether the
defendant should be placed on probation and whether the defendant
would be best served while on probation by being ordered into a
private nonprofit treatment service program with a demonstrated
history of specializing in the treatment of military service-related
issues, such as post-traumatic stress disorder, substance abuse, or
psychological problems.
(e) A defendant granted probation under this section and committed
to a residential treatment program shall earn sentence credits for
the actual time the defendant served in residential treatment.
(f) The court, in making an order under this section to commit a
defendant to an established treatment program, shall give preference
to a treatment program that has a history of successfully treating
combat veterans who suffer from post-traumatic stress disorder,
substance abuse, or psychological problems as a result of that
service.

[هيثم الفقى]

1174. This chapter shall be known as the Pregnant and Parenting
Women's Alternative Sentencing Program Act.



1174.1. For purposes of this chapter, the following definitions
shall apply:
(a) "Agency" means the private agency selected by the department
to operate this program.
(b) "Construction" means the purchase, new construction,
reconstruction, remodeling, renovation, or replacement of facilities,
or a combination thereof.
(c) "County" means each individual county as represented by the
county board of supervisors.
(d) "Court" means the superior court sentencing the offender to
the custody of the department.
(e) "Department" means the Department of Corrections.
(f) "Facility" means the nonsecure physical buildings, rooms,
areas, and equipment.
(g) "Program" means an intensive substance abusing pregnant and
parenting women's alternative sentencing program.



1174.2. (a) Notwithstanding any other law, the unencumbered balance
of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall
revert to the unappropriated surplus of the 1990 Prison Construction
Fund. The sum of fifteen million dollars ($15,000,000) is hereby
appropriated to the Department of Corrections from the 1990 Prison
Construction Fund for site acquisition, site studies, environmental
studies, master planning, architectural programming, schematics,
preliminary plans, working drawings, construction, and long lead and
equipment items for the purpose of constructing facilities for
pregnant and parenting women's alternative sentencing programs.
These funds shall not be expended for any operating costs, including
those costs reimbursed by the department pursuant to subdivision (c)
of Section 1174.3. Funds not expended pursuant to this chapter shall
be used for planning, construction, renovation, or remodeling by, or
under the supervision of, the Department of Corrections, of
community-based facilities for programs designed to reduce drug use
and recidivism, including, but not limited to, restitution centers,
facilities for the incarceration and rehabilitation of drug
offenders, multipurpose correctional centers, and centers for
intensive programs for parolees. These funds shall not be expended
until legislation authorizing the establishment of these programs is
enacted. If the Legislature finds that the Department of Corrections
has made a good faith effort to site community-based facilities, but
funds designated for these community-based facilities are unexpended
as of January 1, 1998, the Legislature may appropriate these funds
for other Level I housing.
(b) The Department of Corrections shall purchase, design,
construct, and renovate facilities in counties or multicounty areas
with a population of more than 450,000 people pursuant to this
chapter. The department shall target for selection, among other
counties, Los Angeles County, San Diego County, and a bay area,
central valley, and an inland empire county as determined by the
Director of Corrections. The department, in consultation with the
State Department of Alcohol and Drug Programs, shall design core
alcohol and drug treatment programs, with specific requirements and
standards. Residential facilities shall be licensed by the State
Department of Alcohol and Drug Programs in accordance with provisions
of the Health and Safety Code governing licensure of alcoholism or
drug abuse recovery or treatment facilities. Residential and
nonresidential programs shall be certified by the State Department of
Alcohol and Drug Programs as meeting its standards for perinatal
services. Funds shall be awarded to selected agency service
providers based upon all of the following criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the agency or agencies designated by the Director of
Finance pursuant to Section 13820, the State Department of Social
Services, the State Department of Mental Health, or any county public
health department. In addition, the agency shall also attempt to
secure other available funding from all county, state, or federal
sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.


1174.3. (a) The department shall ensure that the facility designs
provide adequate space to carry out this chapter, including the
capability for nonsecure housing, programming, child care, food
services, treatment services, educational or vocational services,
intensive day treatment, and transitional living skills services.
(b) The agency selected to operate the program shall administer
and operate the center and program consistent with the criteria set
forth in this chapter and any criteria established by the department.
These responsibilities shall include maintenance and compliance
with all laws, regulations, and health standards. The department
shall contract to reimburse the agency selected to operate this
program for women who would otherwise be sentenced to state prison
based upon actual costs not provided by other funding sources.
(c) Notwithstanding any other law, Division 13 (commencing with
Section 21000) of the Public Resources Code shall not apply to any
facility used for multiperson residential use in the last five years,
including, but not limited to, motels, hotels, long-term care
facilities, apartment buildings, and rooming houses, or to any
project for which facilities intended to house no more than 75 women
and children are constructed or leased pursuant to this chapter.
(d) Proposals submitted pursuant to this chapter are exempt from
approval and submittal of plans and specifications to the Joint
Legislative Committee on Prison Construction Operations and other
legislative fiscal committees.



1174.4. (a) Persons eligible for participation in this alternative
sentencing program shall meet all of the following criteria:
(1) Pregnant women with an established history of substance abuse,
or pregnant or parenting women with an established history of
substance abuse who have one or more children under six years old at
the time of entry into the program. For women with children, at
least one eligible child shall reside with the mother in the
facility.
(2) Never served a prior prison term for, nor been convicted in
the present proceeding of, committing or attempting to commit, any of
the following offenses:
(A) Murder or voluntary manslaughter.
(B) Mayhem.
(C) Rape.
(D) Kidnapping.
(E) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

(F) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(G) Lewd acts on a child under 14 years of age, as defined in
Section 288.
(H) Any felony punishable by death or imprisonment in the state
prison for life.
(I) Any felony in which the defendant inflicts great bodily injury
on any person, other than an accomplice, that has been charged and
proved as provided for in Section 12022.53, 12022.7, or 12022.9, or
any felony in which the defendant uses a firearm, as provided in
Section 12022.5, 12022.53, or 12022.55, in which the use has been
charged and proved.
(J) Robbery.
(K) Any robbery perpetrated in an inhabited dwelling house or
trailer coach as defined in the Vehicle Code, or in the inhabited
portion of any other building, wherein it is charged and proved that
the defendant personally used a deadly or dangerous weapon, as
provided in subdivision (b) of Section 12022, in the commission of
that robbery.
(L) Arson in violation of subdivision (a) of Section 451.
(M) ***ual penetration in violation of subdivision (a) of Section
289 if the act is accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
(N) Rape or ***ual penetration in concert, in violation of Section
264.1.
(O) Continual ***ual abuse of a child in violation of Section
288.5.
(P) Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert with another, lascivious acts upon a
child, or ***ual penetration.
(Q) Assault with a deadly weapon or with force likely to produce
great bodily injury in violation of subdivision (a) of Section 245.
(R) Any violent felony defined in Section 667.5.
(S) A violation of Section 12022.
(T) A violation of Section 12308.
(U) Burglary of the first degree.
(V) A violation of Section 11351, 11351.5, 11352, 11353, 11358,
11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, or 11383 of the Health and Safety Code.
(3) Has not been sentenced to state prison for a term exceeding 36
months.
(b) Prior to sentencing, if the court proposes to give
consideration to a placement, the court shall consider a written
evaluation by the probation department, which shall include the
following:
(1) Whether the defendant is eligible for participation pursuant
to this section.
(2) Whether participation by the defendant and her eligible
children is deemed to be in the best interests of the children.
(3) Whether the defendant is amenable to treatment for substance
abuse and would benefit from participation in the program.
(4) Whether the program is deemed to be in the best interests of
an eligible child of the defendant, as determined by a representative
of the appropriate child welfare services agency of the county if
the child is a dependent child of the juvenile court pursuant to
Section 300 of the Welfare and Institutions Code.
(c) The district attorney shall make a recommendation to the court
as to whether or not the defendant would benefit from the program,
which the court shall consider in making its decision. If the court'
s decision is without the concurrence of the district attorney, the
court shall specify its reasons in writing and enter them into the
record.
(d) If the court determines that the defendant may benefit from
participation in this program, the court may impose a state prison
sentence with the recommendation that the defendant participate in
the program pursuant to this chapter. The court shall notify the
department within 48 hours of imposition of this sentence.
(e) The Director of Corrections shall consider the court's
recommendation in making a determination on the inmate's placement in
the program.
(f) Women accepted for the program by the Director of Corrections
shall be delivered by the county, pursuant to Section 1202a, to the
facility selected by the department. Before the director accepts a
woman for the program, the county shall provide to the director the
necessary information to determine her eligibility and appropriate
placement status. Priority for services and aftercare shall be given
to inmates who are incarcerated in a county, or adjacent to a
county, in which a program facility is located.
(g) Prior to being admitted to the program, each participant shall
voluntarily sign an agreement specifying the terms and conditions of
participation in the program.
(h) The department may refer inmates back to the sentencing court
if the department determines that an eligible inmate has not been
recommended for the program. The department shall refer the inmate
to the court by an evaluative report so stating the department's
assessment of eligibility, and requesting a recommendation by the
court.
(i) Women who successfully complete the program, including the
minimum of one year of transition services under intensive parole
supervision, shall be discharged from parole. Women who do not
successfully complete the program shall be returned to the state
prison where they shall serve their original sentences. These
persons shall receive full credit against their original sentences
for the time served in the program, pursuant to Section 2933.



1174.5. The department shall be responsible for the funding and
monitoring of the progress, activities, and performance of each
program.


1174.7. The department shall report the status of this program to
the Legislature on or before January 1, 1996, and each year
thereafter.


1174.8. (a) The department shall adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
implement this chapter.
(b) Notwithstanding subdivision (a) and any other law, and except
as otherwise specifically provided in this chapter, until July 1,
1996, the Director of Corrections shall have the power to implement,
interpret, and make specific the changes made in this chapter by
issuing director's criteria. These criteria shall be exempt from the
requirements of Articles 5 (commencing with Section 11346) and 6
(commencing with Section 11349) of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) and shall remain in effect until
July 1, 1996, unless terminated or replaced by, or readopted as,
emergency regulations pursuant to subdivision (c).
(c) On or before July 1, 1995, the department shall file emergency
regulations to implement this chapter with the Office of
Administrative Law. These emergency regulations shall be considered
by the office as necessary for the immediate preservation of the
public peace, health and safety, or general welfare and shall remain
in effect until July 1, 1996, unless terminated or replaced by, or
readopted as, permanent regulations in compliance with Articles 5
(commencing with Section 11346) and 6 (commencing with Section 11349)
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) pursuant to subdivision (d).
(d) The department shall file a certificate of compliance with the
Office of Administrative Law to adopt permanent regulations on or
before May 15, 1996.


1174.9. A program facility administered by the Department of
Corrections pursuant to this chapter is exempt from the requirements
and provisions of Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6
(commencing with Section 1597.30) of Division 2 of the Health and
Safety Code.

[هيثم الفقى]

1176. When written instructions have been presented, and given,
modified, or refused, or when the charge of the court has been taken
down by the reporter, the questions presented in such instructions or
charge need not be excepted to; but the judge must make and sign an
indorsement upon such instructions, showing the action of the court
thereon.

[هيثم الفقى]

1179. A new trial is a reexamination of the issue in the same
Court, before another jury, after a verdict has been given.



1180. The granting of a new trial places the parties in the same
position as if no trial had been had. All the testimony must be
produced anew, and the former verdict or finding cannot be used or
referred to, either in evidence or in argument, or be pleaded in bar
of any conviction which might have been had under the accusatory
pleading.



1181. When a verdict has been rendered or a finding made against
the defendant, the court may, upon his application, grant a new
trial, in the following cases only:
1. When the trial has been had in his absence except in cases
where the trial may lawfully proceed in his absence;
2. When the jury has received any evidence out of court, other
than that resulting from a view of the premises, or of personal
property;
3. When the jury has separated without leave of the court after
retiring to deliberate upon their verdict, or been guilty of any
misconduct by which a fair and due consideration of the case has been
prevented;
4. When the verdict has been decided by lot, or by any means other
than a fair expression of opinion on the part of all the jurors;
5. When the court has misdirected the jury in a matter of law, or
has erred in the decision of any question of law arising during the
course of the trial, and when the district attorney or other counsel
prosecuting the case has been guilty of prejudicial misconduct during
the trial thereof before a jury;
6. When the verdict or finding is contrary to law or evidence, but
if the evidence shows the defendant to be not guilty of the degree
of the crime of which he was convicted, but guilty of a lesser degree
thereof, or of a lesser crime included therein, the court may modify
the verdict, finding or judgment accordingly without granting or
ordering a new trial, and this power shall extend to any court to
which the cause may be appealed;
7. When the verdict or finding is contrary to law or evidence, but
in any case wherein authority is vested by statute in the trial
court or jury to recommend or determine as a part of its verdict or
finding the punishment to be imposed, the court may modify such
verdict or finding by imposing the lesser punishment without granting
or ordering a new trial, and this power shall extend to any court to
which the case may be appealed;
8. When new evidence is discovered material to the defendant, and
which he could not, with reasonable diligence, have discovered and
produced at the trial. When a motion for a new trial is made upon
the ground of newly discovered evidence, the defendant must produce
at the hearing, in support thereof, the affidavits of the witnesses
by whom such evidence is expected to be given, and if time is
required by the defendant to procure such affidavits, the court may
postpone the hearing of the motion for such length of time as, under
all circumstances of the case, may seem reasonable.
9. When the right to a phonographic report has not been waived,
and when it is not possible to have a phonographic report of the
trial transcribed by a stenographic reporter as provided by law or by
rule because of the death or disability of a reporter who
participated as a stenographic reporter at the trial or because of
the loss or destruction, in whole or in substantial part, of the
notes of such reporter, the trial court or a judge, thereof, or the
reviewing court shall have power to set aside and vacate the
judgment, order or decree from which an appeal has been taken or is
to be taken and to order a new trial of the action or proceeding.




1182. The application for a new trial must be made and determined
before judgment, the making of an order granting probation, the
commitment of a defendant for observation as a mentally disordered
*** offender, or the commitment of a defendant for narcotics
addiction or insanity, whichever first occurs, and the order granting
or denying the application shall be immediately entered by the clerk
in the minutes.

[هيثم الفقى]

1185. A motion in arrest of judgment is an application on the part
of the defendant that no judgment be rendered on a plea, finding, or
verdict of guilty, or on a finding or verdict against the defendant,
on a plea of a former conviction, former acquittal or once in
jeopardy. It may be founded on any of the defects in the accusatory
pleading mentioned in Section 1004, unless the objection has been
waived by a failure to demur, and must be made and determined before
the judgment is pronounced. When determined, the order must be
immediately entered in the minutes.



1186. The court may, on its own motion, at any time before judgment
is pronounced, arrest the judgment for any of the defects in the
accusatory pleading upon which a motion in arrest of judgment may be
founded as provided in Section 1185, by order for that purpose
entered upon its minutes.



1187. The effect of an order arresting judgment, in a felony case,
is to place the defendant in the same situation in which the
defendant was immediately before the indictment was found or
information filed. In a misdemeanor or infraction case, the effect
is to place the defendant in the situation in which the defendant was
before the trial was had.



1188. If, from the evidence on the trial, there is reason to
believe the defendant guilty, and a new indictment or information can
be framed upon which he may be convicted, the court may order him to
be recommitted to the officer of the proper county, or admitted to
bail anew, to answer the new indictment or information. If the
evidence shows him guilty of another offense, he must be committed or
held thereon, and in neither case shall the verdict be a bar to
another prosecution. But if no evidence appears sufficient to charge
him with any offense, he must, if in custody, be discharged; or if
admitted to bail, his bail is exonerated; or if money has been
deposited instead of bail, it must be refunded to the defendant or to
the person or persons found by the court to have deposited said
money on behalf of said defendant; and the arrest of judgment shall
operate as an acquittal of the charge upon which the indictment or
information was founded.

[هيثم الفقى]

THE JUDGMENT


1191. In a felony case, after a plea, finding, or verdict of
guilty, or after a finding or verdict against the defendant on a plea
of a former conviction or acquittal, or once in jeopardy, the court
shall appoint a time for pronouncing judgment, which shall be within
20 judicial days after the verdict, finding, or plea of guilty,
during which time the court shall refer the case to the probation
officer for a report if eligible for probation and pursuant to
Section 1203. However, the court may extend the time not more than
10 days for the purpose of hearing or determining any motion for a
new trial, or in arrest of judgment, and may further extend the time
until the probation officer's report is received and until any
proceedings for granting or denying probation have been disposed of.
If, in the opinion of the court, there is a reasonable ground for
believing a defendant insane, the court may extend the time for
pronouncing sentence until the question of insanity has been heard
and determined, as provided in this code. If the court orders the
defendant placed in a diagnostic facility pursuant to Section
1203.03, the time otherwise allowed by this section for pronouncing
judgment is extended by a period equal to (1) the number of days
which elapse between the date of the order and the date on which
notice is received from the Director of Corrections advising whether
or not the Department of Corrections will receive the defendant in
the facility, and (2) if the director notifies the court that it will
receive the defendant, the time which elapses until his or her
return to the court from the facility.



1191.1. The victim of any crime, or the parents or guardians of the
victim if the victim is a minor, or the next of kin of the victim if
the victim has died, have the right to attend all sentencing
proceedings under this chapter and shall be given adequate notice by
the probation officer of all sentencing proceedings concerning the
person who committed the crime.
The victim, or up to two of the victim's parents or guardians if
the victim is a minor, or the next of kin of the victim if the victim
has died, have the right to appear, personally or by counsel, at the
sentencing proceeding and to reasonably express his, her, or their
views concerning the crime, the person responsible, and the need for
restitution. The court in imposing sentence shall consider the
statements of victims, parents or guardians, and next of kin made
pursuant to this section and shall state on the record its conclusion
concerning whether the person would pose a threat to public safety
if granted probation.
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.


1191.10. The definition of the term "victim" as used in Section
1191.1 includes any insurer or employer who was the victim of workers'
compensation fraud for the crimes specified in Section 549 of this
code, Sections 2314 and 6152 of the Business and Professions Code,
Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section
3215 of the Labor Code.



1191.15. (a) The court may permit the victim of any crime, or his
or her parent or guardian if the victim is a minor, or the next of
kin of the victim if the victim has died, to file with the court a
written, audiotaped, or videotaped statement, or statement stored on
a CD Rom, DVD, or any other recording medium acceptable to the court,
expressing his or her views concerning the crime, the person
responsible, and the need for restitution, in lieu of or in addition
to the person personally appearing at the time of judgment and
sentence. The court shall consider the statement filed with the
court prior to imposing judgment and sentence.
Whenever an audio or video statement or statement stored on a CD
Rom, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
(b) Whenever a written, audio, or video statement or statement
stored on a CD Rom, DVD, or other medium is filed with the court, it
shall remain sealed until the time set for imposition of judgment and
sentence except that the court, the probation officer, and counsel
for the parties may view and listen to the statement not more than
two court days prior to the date set for imposition of judgment and
sentence.
(c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement submitted to the court under the provisions of this
section.
(d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim or
his or her parent or guardian or the next of kin.
(e) In the event the court permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.



1191.16. The victim of any crime, or the parents or guardians of
the victim if the victim is a minor, or the next of kin of the victim
if the victim has died, who choose to exercise their rights with
respect to sentencing proceedings as described in Section 1191.1 may,
in any case where the defendant is subject to an indeterminate term
of imprisonment, have their statements simultaneously recorded and
preserved by means of videotape, videodisc, or any other means of
preserving audio and video, if they notify the prosecutor in advance
of the sentencing hearing and the prosecutor reasonably is able to
provide the means to record and preserve the statement. If a video
and audio record is developed, that record shall be maintained and
preserved by the prosecution and used in accordance with the
regulations of the Board of Prison Terms at any hearing to review
parole suitability or the setting of a parole date.



1191.2. In providing notice to the victim pursuant to Section
1191.1, the probation officer shall also provide the victim with
information concerning the victim's right to civil recovery against
the defendant, the requirement that the court order restitution for
the victim, the victim's right to receive a copy of the restitution
order from the court and to enforce the restitution order as a civil
judgment, the victim's responsibility to furnish the probation
department, district attorney, and court with information relevant to
his or her losses, and the victim's opportunity to be compensated
from the Restitution Fund if eligible under Article 1 (commencing
with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2
of the Government Code. This information shall be in the form of
written material prepared by the Judicial Council in consultation
with the California Victim Compensation and Government Claims Board,
shall include the relevant sections of the Penal Code, and shall be
provided to each victim for whom the probation officer has a current
mailing address.


1191.21. (a) (1) The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall develop and make available
a "notification of eligibility" card for victims and derivative
victims of crimes as defined in subdivision (c) of Section 13960 of
the Government Code that includes, but is not limited to, the
following information:
"If you have been the victim of a crime that meets the required
definition, you or others may be eligible to receive payment from the
California State Restitution Fund for losses directly resulting from
the crime. To learn about eligibility and receive an application to
receive payments, call the Victims of Crime Program at (800)
777-9229 or call your local county Victim Witness Assistance Center."

(2) At a minimum, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall develop a
template available for downloading on its Internet Web site the
information requested in subdivision (b).
(b) In a case involving a crime as defined in subdivision (c) of
Section 13960 of the Government Code, the law enforcement officer
with primary responsibility for investigating the crime committed
against the victim and the district attorney may provide the
"notification of eligibility" card to the victim and derivative
victim of a crime.
(c) The terms "victim" and "derivative victim" shall be given the
same meaning given those terms in Section 13960 of the Government
Code.


1191.25. The prosecution shall make a good faith attempt to notify
any victim of a crime which was committed by, or is alleged to have
been committed by, an in-custody informant, as defined in subdivision
(a) of Section 1127a, within a reasonable time before the in-custody
informant is called to testify. The notice shall include
information concerning the prosecution's intention to offer the
in-custody informant a modification or reduction in sentence or
dismissal of the case or early parole in exchange for the in-custody
informant's testimony in another case. The notification or attempt
to notify the victim shall be made prior to the commencement of the
trial in which the in-custody informant is to testify where the
intention to call him or her is known at that time, but in no case
shall the notice be made later than the time the in-custody informant
is called to the stand.
Nothing contained in this section is intended to affect the right
of the people and the defendant to an expeditious disposition of a
criminal proceeding, as provided in Section 1050. The victim of any
case alleged to have been committed by the in-custody informant may
exercise his or her right to appear at the sentencing of the
in-custody informant pursuant to Section 1191.1, but the victim shall
not have a right to intervene in the trial in which the in-custody
informant is called to testify.



1191.3. (a) At the time of sentencing or pronouncement of judgment
in which sentencing is imposed, the court shall make an oral
statement that statutory law permits the award of conduct and
worktime credits up to one-third or one-half of the sentence that is
imposed by the court, that the award and calculation of credits is
determined by the sheriff in cases involving imprisonment in county
jails and by the Department of Corrections in cases involving
imprisonment in the state prison, and that credit for presentence
incarceration served by the defendant is calculated by the probation
department under current state law.
As used in this section, "victim" means the victim of the offense,
the victim's parent or guardian if the victim is a minor, or the
victim's next of kin.
(b) The probation officer shall provide a general estimate of the
credits to which the defendant may be entitled for previous time
served, and conduct or worktime credits authorized under Sections
2931, 2933, or 4019, and shall inform the victim pursuant to Section
1191.1. The probation officer shall file this estimate with the
court and it shall become a part of the court record.
(c) This section applies to all felony convictions.



1192. Upon a plea of guilty, or upon conviction by the court
without a jury, of a crime or attempted crime distinguished or
divided into degrees, the court must, before passing sentence,
determine the degree. Upon the failure of the court to so determine,
the degree of the crime or attempted crime of which the defendant is
guilty, shall be deemed to be of the lesser degree.



1192.1. Upon a plea of guilty to an information or indictment
accusing the defendant of a crime or attempted crime divided into
degrees when consented to by the prosecuting attorney in open court
and approved by the court, such plea may specify the degree thereof
and in such event the defendant cannot be punished for a higher
degree of the crime or attempted crime than the degree specified.



1192.2. Upon a plea of guilty before a committing magistrate as
provided in Section 859a, to a crime or attempted crime divided into
degrees, when consented to by the prosecuting attorney in open court
and approved by such magistrate, such plea may specify the degree
thereof and in such event, the defendant cannot be punished for a
higher degree of the crime or attempted crime than the degree
specified.



1192.3. (a) A plea of guilty or nolo contendere to an accusatory
pleading charging a public offense, other than a felony specified in
Section 1192.5 or 1192.7, which public offense did not result in
damage for which restitution may be ordered, made on the condition
that charges be dismissed for one or more public offenses arising
from the same or related course of conduct by the defendant which did
result in damage for which restitution may be ordered, may specify
the payment of restitution by the defendant as a condition of the
plea or any probation granted pursuant thereto, so long as the plea
is freely and voluntarily made, there is factual basis for the plea,
and the plea and all conditions are approved by the court.
(b) If restitution is imposed which is attributable to a count
dismissed pursuant to a plea bargain, as described in this section,
the court shall obtain a waiver pursuant to People v. Harvey (1979)
25 Cal. 3d 754 from the defendant as to the dismissed count.



1192.4. If the defendant's plea of guilty pursuant to Section
1192.1 or 1192.2 is not accepted by the prosecuting attorney and
approved by the court, the plea shall be deemed withdrawn and the
defendant may then enter such plea or pleas as would otherwise have
been available. The plea so withdrawn may not be received in
evidence in any criminal, civil, or special action or proceeding of
any nature, including proceedings before agencies, commissions,
boards, and tribunals.


1192.5. Upon a plea of guilty or nolo contendere to an accusatory
pleading charging a felony, other than a violation of paragraph (2),
(3), or (6) of subdivision (a) of Section 261, paragraph (1) or (4)
of subdivision (a) of Section 262, Section 264.1, Section 286 by
force, violence, duress, menace or threat of great bodily harm,
subdivision (b) of Section 288, Section 288a by force, violence,
duress, menace or threat of great bodily harm, or subdivision (a) of
Section 289, the plea may specify the punishment to the same extent
as it may be specified by the jury on a plea of not guilty or fixed
by the court on a plea of guilty, nolo contendere, or not guilty, and
may specify the exercise by the court thereafter of other powers
legally available to it.
Where the plea is accepted by the prosecuting attorney in open
court and is approved by the court, the defendant, except as
otherwise provided in this section, cannot be sentenced on the plea
to a punishment more severe than that specified in the plea and the
court may not proceed as to the plea other than as specified in the
plea.
If the court approves of the plea, it shall inform the defendant
prior to the making of the plea that (1) its approval is not binding,
(2) it may, at the time set for the hearing on the application for
probation or pronouncement of judgment, withdraw its approval in the
light of further consideration of the matter, and (3) in that case,
the defendant shall be permitted to withdraw his or her plea if he or
she desires to do so. The court shall also cause an inquiry to be
made of the defendant to satisfy itself that the plea is freely and
voluntarily made, and that there is a factual basis for the plea.
If the plea is not accepted by the prosecuting attorney and
approved by the court, the plea shall be deemed withdrawn and the
defendant may then enter the plea or pleas as would otherwise have
been available.
If the plea is withdrawn or deemed withdrawn, it may not be
received in evidence in any criminal, civil, or special action or
proceeding of any nature, including proceedings before agencies,
commissions, boards, and tribunals.



1192.6. (a) In each felony case in which the charges contained in
the original accusatory pleading are amended or dismissed, the record
shall contain a statement explaining the reason for the amendment or
dismissal.
(b) In each felony case in which the prosecuting attorney seeks a
dismissal of a charge in the complaint, indictment, or information,
he or she shall state the specific reasons for the dismissal in open
court, on the record.
(c) When, upon a plea of guilty or nolo contendere to an
accusatory pleading charging a felony, whether or not that plea is
entered pursuant to Section 1192.5, the prosecuting attorney
recommends what punishment the court should impose or how it should
exercise any of the powers legally available to it, the prosecuting
attorney shall state the specific reasons for the recommendation in
open court, on the record. The reasons for the recommendation shall
be transcribed and made part of the court file.


1192.7. (a) (1) It is the intent of the Legislature that district
attorneys prosecute violent *** crimes under statutes that provide
sentencing under a "one strike," "three strikes" or habitual ***
offender statute instead of engaging in plea bargaining over those
offenses.
(2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
(3) If the indictment or information charges the defendant with a
violent *** crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under Sections 269, 288.7, subdivisions (b)
through (i) of Section 667, Section 667.61, or 667.71, plea
bargaining is prohibited unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the
record why a sentence under one of those sections was not sought.
(b) As used in this section "plea bargaining" means any
bargaining, negotiation, or discussion between a criminal defendant,
or his or her counsel, and a prosecuting attorney or judge, whereby
the defendant agrees to plead guilty or nolo contendere, in exchange
for any promises, commitments, concessions, assurances, or
consideration by the prosecuting attorney or judge relating to any
charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the
following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under 14 years of age; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in a state prison; (22) attempt to commit a felony
punishable by death or imprisonment in the state prison for life;
(23) any felony in which the defendant personally used a dangerous or
deadly weapon; (24) selling, furnishing, administering, giving, or
offering to sell, furnish, administer, or give to a minor any heroin,
cocaine, phencyclidine (PCP), or any methamphetamine-related drug,
as described in paragraph (2) of subdivision (d) of Section 11055 of
the Health and Safety Code, or any of the precursors of
methamphetamines, as described in subparagraph (A) of paragraph (1)
of subdivision (f) of Section 11055 or subdivision (a) of Section
11100 of the Health and Safety Code; (25) any violation of
subdivision (a) of Section 289 where the act is accomplished against
the victim's will by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
(26) grand theft involving a firearm; (27) carjacking; (28) any
felony offense, which would also constitute a felony violation of
Section 186.22; (29) assault with the intent to commit mayhem, rape,
sodomy, or oral copulation, in violation of Section 220; (30)
throwing acid or flammable substances, in violation of Section 244;
(31) assault with a deadly weapon, firearm, machinegun, assault
weapon, or semiautomatic firearm or assault on a peace officer or
firefighter, in violation of Section 245; (32) assault with a deadly
weapon against a public transit employee, custodial officer, or
school employee, in violation of Sections 245.2, 245.3, or 245.5;
(33) discharge of a firearm at an inhabited dwelling, vehicle, or
aircraft, in violation of Section 246; (34) commission of rape or
***ual penetration in concert with another person, in violation of
Section 264.1; (35) continuous ***ual abuse of a child, in violation
of Section 288.5; (36) shooting from a vehicle, in violation of
subdivision (c) or (d) of Section 12034; (37) intimidation of victims
or witnesses, in violation of Section 136.1; (38) criminal threats,
in violation of Section 422; (39) any attempt to commit a crime
listed in this subdivision other than an assault; (40) any violation
of Section 12022.53; (41) a violation of subdivision (b) or (c) of
Section 11418; and (42) any conspiracy to commit an offense described
in this subdivision.
(d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
As used in this subdivision, the following terms have the
following meanings:
(1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
(2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
(3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union administration.
(e) 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.



1192.8. (a) For purposes of subdivision (c) of Section 1192.7,
"serious felony" also means any violation of Section 191.5, paragraph
(1) of subdivision (c) of Section 192, subdivision (a), (b), or (c)
of Section 192.5 of this code, or Section 2800.3, subdivision (b) of
Section 23104, or Section 23153 of the Vehicle Code, when any of
these offenses involve the personal infliction of great bodily injury
on any person other than an accomplice, or the personal use of a
dangerous or deadly weapon, within the meaning of paragraph (8) or
(23) of subdivision (c) of Section 1192.7.
(b) It is the intent of the Legislature, in enacting subdivision
(a), to codify the court decisions of People v. Gonzales, 29 Cal.
App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to
clarify that the crimes specified in subdivision (a) have always
been, and continue to be, serious felonies within the meaning of
subdivision (c) of Section 1192.7.


1193. Judgment upon persons convicted of commission of crime shall
be pronounced as follows:
(a) If the conviction is for a felony, the defendant shall be
personally present when judgment is pronounced against him or her,
unless the defendant, in open court and on the record, or in a
notarized writing, requests that judgment be pronounced against him
or her in his or her absence, and that he or she be represented by an
attorney when judgment is pronounced, and the court approves his or
her absence during the pronouncement of judgment, or unless, after
the exercise of reasonable diligence to procure the presence of the
defendant, the court shall find that it will be in the interest of
justice that judgment be pronounced in his or her absence; provided,
that when any judgment imposing the death penalty has been affirmed
by the appellate court, sentence may be reimposed upon the defendant
in his or her absence by the court from which the appeal was taken,
and in the following manner: upon receipt by the superior court from
which the appeal is taken of the certificate of the appellate court
affirming the judgment, the judge of the superior court shall
forthwith make and cause to be entered an order pronouncing sentence
against the defendant, and a warrant signed by the judge, and
attested by the clerk under the seal of the court, shall be drawn,
and it shall state the conviction and judgment and appoint a day upon
which the judgment shall be executed, which shall not be less than
60 days nor more than 90 days from the time of making the order; and
that, within five days thereafter, a certified copy of the order,
attested by the clerk under the seal of the court, and attached to
the warrant, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant and certified copies thereof shall be transmitted by
registered mail to the Governor; and provided further, that when any
judgment imposing the death penalty has been affirmed and sentence
has been reimposed as above provided there shall be no appeal from
the order fixing the time for and directing the execution of the
judgment as herein provided. If a pro se defendant requests that
judgment in a noncapital case be pronounced against him or her in his
or her absence, the court shall appoint an attorney to represent the
defendant in the in absentia sentencing.
(b) If the conviction be of a misdemeanor, judgment may be
pronounced against the defendant in his absence.



1194. When the defendant is in custody, the Court may direct the
officer in whose custody he is to bring him before it for judgment,
and the officer must do so.



1195. If the defendant has been released on bail, or has deposited
money or property instead thereof, and does not appear for judgment
when his personal appearance is necessary, the court, in addition to
the forfeiture of the undertaking of bail, or of the money or
property deposited, must, on application of the prosecuting attorney,
direct the issuance of a bench warrant for the arrest of the
defendant.
If the defendant, who is on bail, does appear for judgment and
judgment is pronounced upon him or probation is granted to him, then
the bail shall be exonerated or, if money or property has been
deposited instead of bail, it must be returned to the defendant or to
the person or persons found by the court to have deposited said
money or property on behalf of said defendant.



1196. (a) The clerk must, at any time after the order, issue a
bench warrant into one or more counties.
(b) The clerk shall require the appropriate agency to enter each
bench warrant issued on a private surety-bonded felony case into the
national warrant system (National Crime Information Center (NCIC)).
If the appropriate agency fails to enter the bench warrant into the
national warrant system (NCIC), and the court finds that this failure
prevented the surety or bond agent from surrendering the fugitive
into custody, prevented the fugitive from being arrested or taken
into custody, or resulted in the fugitive's subsequent release from
custody, the court having jurisdiction over the bail shall, upon
petition, set aside the forfeiture of the bond and declare all
liability on the bail bond to be exonerated.



1197. The bench warrant must be substantially in the following
form:

County of ____
The people of the State of California to any peace officer in this
State: ______ (name of defendant) having been on the ____ day of
____, 19_, duly convicted in the ____ court of ____ (naming the
court) of the crime of ____ (designating it generally), you are
therefore commanded forthwith to arrest the above named defendant and
bring him before that court for judgment.
Given under my hand with the seal of said court affixed, this ____
day of ____, 19_.
By order of said court. ____________________ (SEAL)
Clerk (or Judge, or Justice)




1198. The bench warrant may be served in any county in the same
manner as a warrant of arrest.



1199. Whether the bench warrant is served in the county in which it
was issued or in another county, the officer must arrest the
defendant and bring him before the court, or deliver him to any peace
officer of the county from which the warrant issued, who must bring
him before said court according to the command thereof.




1200. When the defendant appears for judgment he must be informed
by the Court, or by the Clerk, under its direction, of the nature of
the charge against him and of his plea, and the verdict, if any
thereon, and must be asked whether he has any legal cause to show why
judgment should not be pronounced against him.



1201. He or she may show, for cause against the judgment:
(a) That he or she is insane; and if, in the opinion of the court,
there is reasonable ground for believing him or her insane, the
question of insanity shall be tried as provided in Chapter 6
(commencing with Section 1367) of Title 10 of Part 2. If, upon the
trial of that question, the jury finds that he or she is sane,
judgment shall be pronounced, but if they find him or her insane, he
or she shall be committed to the state hospital for the care and
treatment of the insane, until he or she becomes sane; and when
notice is given of that fact, as provided in Section 1372, he or she
shall be brought before the court for judgment.
(b) That he or she has good cause to offer, either in arrest of
judgment or for a new trial; in which case the court may, in its
discretion, order the judgment to be deferred, and proceed to decide
upon the motion in arrest of judgment or for a new trial.




1201.5. Any motions made subsequent to judgment must be made only
upon written notice served upon the prosecution at least three days
prior to the date of hearing thereon. No affidavit or other writing
shall be presented or considered in support thereof unless a copy of
the same has been duly served upon the prosecution at least three
days prior to a hearing thereon. Any appeal from an order entered
upon a motion made other than as herein provided, must be dismissed
by the court.



1202. If no sufficient cause is alleged or appears to the court at
the time fixed for pronouncing judgment, as provided in Section 1191,
why judgment should not be pronounced, it shall thereupon be
rendered; and if not rendered or pronounced within the time so fixed
or to which it is continued under the provisions of Section 1191,
then the defendant shall be entitled to a new trial. If the court
shall refuse to hear a defendant's motion for a new trial or when
made shall neglect to determine such motion before pronouncing
judgment or the making of an order granting probation, then the
defendant shall be entitled to a new trial.


1202a. If the judgment is for imprisonment in the state prison the
judgment shall direct that the defendant be delivered into the
custody of the Director of Corrections at the state prison or
institution designated by the Director of Corrections as the place
for the reception of persons convicted of felonies, except where the
judgment is for death in which case the defendant shall be taken to
the warden of the California State Prison at San Quentin.
Unless a different place or places are so designated by the
Director of Corrections, the judgment shall direct that the defendant
be delivered into the custody of the Director of Corrections at the
California State Prison at San Quentin. The Director of Corrections
shall designate a place or places for the reception of persons
convicted of felonies by order, which order or orders shall be served
by registered mail, return receipt requested, upon each judge of
each superior court in the state. The Director of Corrections may
change the place or places of commitment by the issuance of a new
order. Nothing contained in this section affects any provision of
Section 3400.



1202.05. (a) Whenever a person is sentenced to the state prison on
or after January 1, 1993, for violating Section 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289, and the victim of one or more of
those offenses is a child under the age of 18 years, the court shall
prohibit all visitation between the defendant and the child victim.
The court's order shall be transmitted to the Department of
Corrections, to the parents, adoptive parents, or guardians, or a
combination thereof, of the child victim, and to the child victim.
If any parent, adoptive parent, or legal guardian of the child
victim, or the child victim objects to the court's order, he or she
may request a hearing on the matter. Any request for a hearing on
the matter filed with the sentencing court shall be referred to the
appropriate juvenile court pursuant to Section 362.6 of the Welfare
and Institutions Code.
(b) The Department of Corrections is authorized to notify the
sentencing court of persons who were sentenced to the state prison
prior to January 1, 1993, for violating Section 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289, when the victim of one or more of
those offenses was a child under the age of 18 years.
Upon notification by the department pursuant to this subdivision,
the sentencing court shall prohibit all visitation between the
defendant and the child victim, according to the procedures specified
in subdivision (a).



1202.1. (a) Notwithstanding Sections 120975 and 120990 of the
Health and Safety Code, the court shall order every person who is
convicted of, or adjudged by the court to be a person described by
Section 601 or 602 of the Welfare and Institutions Code as provided
in Section 725 of the Welfare and Institutions Code by reason of a
violation of, a ***ual offense listed in subdivision (e), whether or
not a sentence or fine is imposed or probation is granted, to submit
to a blood or oral mucosal transudate saliva test for evidence of
antibodies to the probable causative agent of acquired immune
deficiency syndrome (AIDS) within 180 days of the date of conviction.
Each person tested under this section shall be informed of the
results of the blood or oral mucosal transudate saliva test.
(b) Notwithstanding Section 120980 of the Health and Safety Code,
the results of the blood or oral mucosal transudate saliva test to
detect antibodies to the probable causative agent of AIDS shall be
transmitted by the clerk of the court to the Department of Justice
and the local health officer.
(c) Notwithstanding Section 120980 of the Health and Safety Code,
the Department of Justice shall provide the results of a test or
tests as to persons under investigation or being prosecuted under
Section 647f or 12022.85, if the results are on file with the
department, to the defense attorney upon request and the results also
shall be available to the prosecuting attorney upon request for the
purpose of either preparing counts for a subsequent offense under
Section 647f or sentence enhancement under Section 12022.85 or
complying with subdivision (d).
(d) (1) In every case in which a person is convicted of a ***ual
offense listed in subdivision (e) or adjudged by the court to be a
person described by Section 601 or 602 of the Welfare and
Institutions Code as provided in Section 725 of the Welfare and
Institutions Code by reason of the commission of a ***ual offense
listed in subdivision (e), the prosecutor or the prosecutor's
victim-witness assistance bureau shall advise the victim of his or
her right to receive the results of the blood or oral mucosal
transudate saliva test performed pursuant to subdivision (a). The
prosecutor or the prosecutor's victim-witness assistance bureau shall
refer the victim to the local health officer for counseling to
assist him or her in understanding the extent to which the particular
circumstances of the crime may or may not have placed the victim at
risk of transmission of the human immunodeficiency virus (HIV) from
the accused, to ensure that the victim understands the limitations
and benefits of current tests for HIV, and to assist the victim in
determining whether he or she should make the request.
(2) Notwithstanding any other law, upon the victim's request, the
local health officer shall be responsible for disclosing test results
to the victim who requested the test and the person who was tested.
However, as specified in subdivision (g), positive test results
shall not be disclosed to the victim or the person who was tested
without offering or providing professional counseling appropriate to
the circumstances as follows:
(A) To help the victim understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the perpetrator.
(B) To ensure that the victim understands both the benefits and
limitations of the current tests for HIV.
(C) To obtain referrals to appropriate health care and support
services.
(e) For purposes of this section, "***ual offense" includes any of
the following:
(1) Rape in violation of Section 261 or 264.1.
(2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5 or 266c.
(3) Rape of a spouse in violation of Section 262 or 264.1.
(4) Sodomy in violation of Section 266c or 286.
(5) Oral copulation in violation of Section 266c or 288a.
(6) (A) Any of the following offenses if the court finds that
there is probable cause to believe that blood, semen, or any other
bodily fluid capable of transmitting HIV has been transferred from
the defendant to the victim:
(i) ***ual penetration in violation of Section 264.1, 266c, or
289.
(ii) Aggravated ***ual assault of a child in violation of Section
269.
(iii) Lewd or lascivious conduct with a child in violation of
Section 288.
(iv) Continuous ***ual abuse of a child in violation of Section
288.5.
(v) The attempt to commit any offense described in clauses (i) to
(iv), inclusive.
(B) For purposes of this paragraph, the court shall note its
finding on the court docket and minute order if one is prepared.
(f) Any blood or oral mucosal transudate saliva tested pursuant to
subdivision (a) shall be subjected to appropriate confirmatory tests
to ensure accuracy of the first test results, and under no
circumstances shall test results be transmitted to the victim or the
person who is tested unless any initially reactive test result has
been confirmed by appropriate confirmatory tests for positive
reactors.
(g) The local health officer shall be responsible for disclosing
test results to the victim who requested the test and the person who
was tested. However, positive test results shall not be disclosed to
the victim or the person who was tested without offering or
providing professional counseling appropriate to the circumstances.
(h) The local health officer and the victim shall comply with all
laws and policies relating to medical confidentiality, subject to the
disclosure authorized by subdivisions (g) and (i).
(i) Any victim who receives information from the local health
officer pursuant to subdivision (g) may disclose the information as
he or she deems necessary to protect his or her health and safety or
the health and safety of his or her family or ***ual partner.
(j) Any person who transmits test results or discloses information
pursuant to this section shall be immune from civil liability for
any action taken in compliance with this section.



1202.4. (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
(2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
(3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
(b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
(1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
(2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
(c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution fine. Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the two
hundred-dollar ($200) or one hundred-dollar ($100) minimum. The court
may specify that funds confiscated at the time of the defendant's
arrest, except for funds confiscated pursuant to Section 11469 of the
Health and Safety Code, be applied to the restitution fine if the
funds are not exempt for spousal or child support or subject to any
other legal exemption.
(d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two hundred-dollar ($200) or one hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime. Those losses may include pecuniary losses to the victim or his
or her dependents as well as intangible losses, such as
psychological harm caused by the crime. Consideration of a defendant'
s inability to pay may include his or her future earning capacity. A
defendant shall bear the burden of demonstrating his or her inability
to pay. Express findings by the court as to the factors bearing on
the amount of the fine shall not be required. A separate hearing for
the fine shall not be required.
(e) The restitution fine shall not be subject to penalty
assessments authorized in Section 1464 or Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, or the state
surcharge authorized in Section 1465.7, and shall be deposited in the
Restitution Fund in the State Treasury.
(f) Except as provided in subdivision (q), in every case in which
a victim has suffered economic loss as a result of the defendant's
conduct, the court shall require that the defendant make restitution
to the victim or victims in an amount established by court order,
based on the amount of loss claimed by the victim or victims or any
other showing to the court. If the amount of loss cannot be
ascertained at the time of sentencing, the restitution order shall
include a provision that the amount shall be determined at the
direction of the court. The court shall order full restitution unless
it finds compelling and extraordinary reasons for not doing so, and
states them on the record. The court may specify that funds
confiscated at the time of the defendant's arrest, except for funds
confiscated pursuant to Section 11469 of the Health and Safety Code,
be applied to the restitution order if the funds are not exempt for
spousal or child support or subject to any other legal exemption.
(1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court may
modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant. If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
(2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party. Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victim Compensation
Program pursuant to Chapter 5 (commencing with Section 13950) of
Part 4 of Division 3 of Title 2 of the Government Code.
(3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
(B) Medical expenses.
(C) Mental health counseling expenses.
(D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include any commission income as well as any
base wages. Commission income shall be established by evidence of
commission income during the 12-month period prior to the date of the
crime for which restitution is being ordered, unless good cause for
a shorter time period is shown.
(E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include any
commission income as well as any base wages. Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
(F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
(G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
(H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
(I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items. Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
(J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
(K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
(4) (A) If, as a result of the defendant's conduct, the
Restitution Fund has provided assistance to or on behalf of a victim
or derivative victim pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code, the
amount of assistance provided shall be presumed to be a direct
result of the defendant's criminal conduct and shall be included in
the amount of the restitution ordered.
(B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the California
Victim Compensation and Government Claims Board reflecting the amount
paid by the board and whether the services for which payment was
made were for medical or dental expenses, funeral or burial expenses,
mental health counseling, wage or support losses, or rehabilitation.
Certified copies of these bills provided by the board and redacted
to protect the privacy and safety of the victim or any legal
privilege, together with a statement made under penalty of perjury by
the custodian of records that those bills were submitted to and were
paid by the board, shall be sufficient to meet this requirement.
(C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the board to the defendant
only after reviewing that information in camera and finding that the
information is necessary for the defendant to dispute the amount of
the restitution order.
(5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered. The financial disclosure
statements shall be made available to the victim and the board
pursuant to Section 1214. The disclosure shall be signed by the
defendant upon a form approved or adopted by the Judicial Council for
the purpose of facilitating the disclosure. Any defendant who
willfully states as true any material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty.
(6) A defendant who fails to file the financial disclosure
required in paragraph (5), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f). The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.
(7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court. The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
(8) In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
(A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
(B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
(C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
(9) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (5) as any of the
following:
(A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
(B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
(C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.

(D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
(10) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence. In appropriate
cases, the court may do any of the following:
(A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
(B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
(C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (5) as
a condition of probation or suspended sentence.
(11) If a defendant has any remaining unpaid balance on a
restitution order or fine 120 days prior to his or her scheduled
release from probation or 120 days prior to his or her completion of
a conditional sentence, the defendant shall prepare and file a new
and updated financial disclosure identifying all assets, income, and
liabilities in which the defendant holds or controls or has held or
controlled a present or future interest during the defendant's period
of probation or conditional sentence. The financial disclosure shall
be made available to the victim and the board pursuant to Section
1214. The disclosure shall be signed and prepared by the defendant on
the same form as described in paragraph (5). Any defendant who
willfully states as true any material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty. The
financial disclosure required by this paragraph shall be filed with
the clerk of the court no later than 90 days prior to the defendant's
scheduled release from probation or completion of the defendant's
conditional sentence.
(g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution order, nor shall inability to pay be a consideration in
determining the amount of a restitution order.
(h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

(i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
(j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
(k) For purposes of this section, "victim" shall include all of
the following:
(1) The immediate surviving family of the actual victim.
(2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
(3) Any person who has sustained economic loss as the result of a
crime and who satisfies any of the following conditions:
(A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in subparagraph (A).
(D) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(E) Is the primary caretaker of a minor victim.
(4) Any person who is eligible to receive assistance from the
Restitution Fund pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
(m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
(n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required. Upon revocation
of probation, the court shall impose restitution pursuant to this
section.
(o) The provisions of Section 13963 of the Government Code shall
apply to restitution imposed pursuant to this section.
(p) The court clerk shall notify the California Victim
Compensation and Government Claims Board within 90 days of an order
of restitution being imposed if the defendant is ordered to pay
restitution to the board due to the victim receiving compensation
from the Restitution Fund. Notification shall be accomplished by
mailing a copy of the court order to the board, which may be done
periodically by bulk mail or electronic mail.
(q) Upon conviction for a violation of Section 236.1, the court
shall, in addition to any other penalty or restitution, order the
defendant to pay restitution to the victim in any case in which a
victim has suffered economic loss as a result of the defendant's
conduct. The court shall require that the defendant make restitution
to the victim or victims in an amount established by court order,
based on the amount of loss claimed by the victim or victims or any
other showing to the court. In determining restitution pursuant to
this section, the court shall base its order upon the greater of the
following: the gross value of the victim's labor or services based
upon the comparable value of similar services in the labor market in
which the offense occurred, or the value of the victim's labor as
guaranteed under California law, or the actual income derived by the
defendant from the victim's labor or services or any other
appropriate means to provide reparations to the victim.



1202.41. (a) (1) Notwithstanding Section 977 or any other law, if a
defendant is currently incarcerated in a state prison with two-way
audiovideo communication capability, the Department of Corrections,
at the request of the California Victim Compensation and Government
Claims Board, may collaborate with a court in any county to arrange
for a hearing to impose or amend a restitution order, if the victim
has received assistance pursuant to Article 5 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
defendant's physical presence in the courtroom, provided the county
has agreed to make the necessary equipment available.
(2) Nothing in this subdivision shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
(3) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the Department of
Corrections shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for the defendant
shall not be required to be physically present at the institution
during the hearing via electronic audiovideo communication. Nothing
in this subdivision shall be construed to prohibit the physical
presence of the defense counsel with the defendant at the state
prison.
(b) If an inmate who is not incarcerated in a state prison with
two-way audiovideo communication capability or ward does not waive
his or her right to attend a restitution hearing for the amendment of
a restitution order, the California Victim Compensation and
Government Claims Board shall determine if the cost of holding the
hearing is justified. If the board determines that the cost of
holding the hearing is not justified, the amendment of the
restitution order affecting that inmate or ward shall not be pursued
at that time.
(c) Nothing in this section shall be construed to prohibit an
individual or district attorney's office from independently pursuing
the imposition or amendment of a restitution order that may result in
a hearing, regardless of whether the victim has received assistance
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code.



1202.42. Upon entry of a restitution order under subdivision (c) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, paragraph (3) of subdivision (a) of Section
1202.4 of this code, or Section 1203.04 as operative on or before
August 2, 1995, the following shall apply:
(a) The court shall enter a separate order for income deduction
upon determination of the defendant's ability to pay, regardless of
the probation status, in accordance with Section 1203. Determination
of a defendant's ability to pay may include his or her future
earning capacity. A defendant shall bear the burden of demonstrating
lack of his or her ability to pay. Express findings by the court as
to the factors bearing on the amount of the fine shall not be
required.
(b) (1) In any case in which the court enters a separate order for
income deduction under this section, the order shall be stayed until
the agency in the county responsible for collection of restitution
determines that the defendant has failed to meet his or her
obligation under the restitution order and the defendant has not
provided the agency with good cause for the failure in accordance
with paragraph (2).
(2) If the agency responsible for collection of restitution
receives information that the defendant has failed to meet his or her
obligation under the restitution order, the agency shall request the
defendant to provide evidence indicating that timely payments have
been made or provide information establishing good cause for the
failure. If the defendant fails to either provide the agency with
the evidence or fails to establish good cause within five days of the
request, the agency shall immediately inform the defendant of that
fact, and shall inform the clerk of the court in order that an income
deduction order will be served pursuant to subdivision (f) following
a 15-day appeal period. The defendant may apply for a hearing to
contest the lifting of the stay pursuant to subdivision (f).
(c) The income deduction order shall direct a payer to deduct from
all income due and payable to the defendant the amount required by
the court to meet the defendant's obligation.
(d) The income deduction order shall be effective so long as the
order for restitution upon which it is based is effective or until
further order of the court.
(e) When the court orders the income deduction, the court shall
furnish to the defendant a statement of his or her rights, remedies,
and duties in regard to the income deduction order. The statement
shall state all of the following:
(1) All fees or interest that will be imposed.
(2) The total amount of income to be deducted for each pay period.

(3) That the income deduction order applies to current and
subsequent payers and periods of employment.
(4) That a copy of the income deduction order will be served on
the defendant's payer or payers.
(5) That enforcement of the income deduction order may only be
contested on the ground of mistake of fact regarding the amount of
restitution owed.
(6) That the defendant is required to notify the clerk of the
court within seven days after changes in the defendant's address,
payers, and the addresses of his or her payers.
(7) That the court order will be stayed in accordance with
subdivision (b) and that a hearing is available in accordance with
subdivision (f).
(f) (1) Upon receiving the notice described in paragraph (2) of
subdivision (b), the clerk of the court or officer of the agency
responsible for collection of restitution shall serve an income
deduction order and the notice to payer on the defendant's payer
unless the defendant has applied for a hearing to contest the
enforcement of the income deduction order.
(2) (A) Service by or upon any person who is a party to a
proceeding under this section shall be made in the manner prescribed
for service upon parties in a civil action.
(B) Service upon the defendant's payer or successor payer under
this section shall be made by prepaid certified mail, return receipt
requested.
(3) The defendant, within 15 days after being informed that the
order staying the income deduction order will be lifted, may apply
for a hearing to contest the enforcement of the income deduction
order on the ground of mistake of fact regarding the amount of
restitution owed or on the ground that the defendant has established
good cause for the nonpayment. The timely request for a hearing
shall stay the service of an income deduction order on all payers of
the defendant until a hearing is held and a determination is made as
to whether the enforcement of the income deduction order is proper.
(4) The notice to any payer required by this subdivision shall
contain only information necessary for the payer to comply with the
income deduction order. The notice shall do all of the following:
(A) Require the payer to deduct from the defendant's income the
amount specified in the income deduction order, and to pay that
amount to the clerk of the court.
(B) Instruct the payer to implement the income deduction order no
later than the first payment date that occurs more than 14 days after
the date the income deduction order was served on the payer.
(C) Instruct the payer to forward, within two days after each
payment date, to the clerk of the court the amount deducted from the
defendant's income and a statement as to whether the amount totally
or partially satisfies the periodic amount specified in the income
deduction order.
(D) Specify that if a payer fails to deduct the proper amount from
the defendant's income, the payer is liable for the amount the payer
should have deducted, plus costs, interest, and reasonable attorney'
s fees.
(E) Provide that the payer may collect up to five dollars ($5)
against the defendant's income to reimburse the payer for
administrative costs for the first income deduction and up to one
dollar ($1) for each deduction thereafter.
(F) State that the income deduction order and the notice to payer
are binding on the payer until further notice by the court or until
the payer no longer provides income to the defendant.
(G) Instruct the payer that, when he or she no longer provides
income to the defendant, he or she shall notify the clerk of the
court and shall also provide the defendant's last known address and
the name and address of the defendant's new payer, if known, and
that, if the payer violates this provision, the payer is subject to a
civil penalty not to exceed two hundred fifty dollars ($250) for the
first violation or five hundred dollars ($500) for any subsequent
violation.
(H) State that the payer shall not discharge, refuse to employ, or
take disciplinary action against the defendant because of an income
deduction order and shall state that a violation of this provision
subjects the payer to a civil penalty not to exceed two hundred fifty
dollars ($250) for the first violation or five hundred dollars
($500) for any subsequent violation.
(I) Inform the payer that when he or she receives income deduction
orders requiring that the income of two or more defendants be
deducted and sent to the same clerk of a court, he or she may combine
the amounts that are to be paid to the depository in a single
payment as long as he or she identifies that portion of the payment
attributable to each defendant.
(J) Inform the payer that if the payer receives more than one
income deduction order against the same defendant, he or she shall
contact the court for further instructions.
(5) The clerk of the court shall enforce income deduction orders
against the defendant's successor payer who is located in this state
in the same manner prescribed in this subdivision for the enforcement
of an income deduction order against a payer.
(6) A person may not discharge, refuse to employ, or take
disciplinary action against an employee because of the enforcement of
an income deduction order. An employer who violates this provision
is subject to a civil penalty not to exceed two hundred fifty dollars
($250) for the first violation or five hundred dollars ($500) for
any subsequent violation.
(7) When a payer no longer provides income to a defendant, he or
she shall notify the clerk of the court and shall provide the
defendant's last known address and the name and address of the
defendant's new payer, if known. A payer who violates this provision
is subject to a civil penalty not to exceed two hundred fifty
dollars ($250) for the first violation or five hundred dollars ($500)
for a subsequent violation.
(g) As used in this section, "good cause" for failure to meet an
obligation or "good cause" for nonpayment means, but shall not be
limited to, any of the following:
(1) That there has been a substantial change in the defendant's
economic circumstances, such as involuntary unemployment, involuntary
cost-of-living increases, or costs incurred as the result of medical
circumstances or a natural disaster.
(2) That the defendant reasonably believes there has been an
administrative error with regard to his or her obligation for
payment.
(3) Any other similar and justifiable reasons.



1202.43. (a) The restitution fine imposed pursuant to subdivision
(a) of Section 13967 of the Government Code, as operative on or
before September 28, 1994, subparagraph (B) of paragraph (2) of
subdivision (a) of Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4 shall be payable to the clerk of the
court, the probation officer, or any other person responsible for the
collection of criminal fines. If the defendant is unable or
otherwise fails to pay that fine in a felony case and there is an
amount unpaid of one thousand dollars ($1,000) or more within 60 days
after the imposition of sentence, or in a case in which probation is
granted, within the period of probation, the clerk of the court,
probation officer, or other person to whom the fine is to be paid
shall forward to the Controller the abstract of judgment along with
any information which may be relevant to the present and future
location of the defendant and his or her assets, if any, and any
verifiable amount which the defendant may have paid to the victim as
a result of the crime.
(b) A restitution fine shall be deemed a debt of the defendant
owing to the state for the purposes of Sections 12418 and 12419.5 of
the Government Code, excepting any amounts the defendant has paid to
the victim as a result of the crime. Upon request by the Controller,
the district attorney of a county or the Attorney General may take
any necessary action to recover amounts owing on a restitution fine.
The amount of the recovery shall be increased by a sum sufficient to
cover any costs incurred by any state or local agency in the
administration of this section. The remedies provided by this
subdivision are in addition to any other remedies provided by law for
the enforcement of a judgment.



1202.44. In every case in which a person is convicted of a crime
and a conditional sentence or a sentence that includes a period of
probation is imposed, the court shall, at the time of imposing the
restitution fine pursuant to subdivision (b) of Section 1202.4,
assess an additional probation revocation restitution fine in the
same amount as that imposed pursuant to subdivision (b) of Section
1202.4. This additional probation revocation restitution fine shall
become effective upon the revocation of probation or of a conditional
sentence, and shall not be waived or reduced by the court, absent
compelling and extraordinary reasons stated on record. Probation
revocation restitution fines shall be deposited in the Restitution
Fund in the State Treasury.



1202.45. In every case where a person is convicted of a crime and
whose sentence includes a period of parole, the court shall at the
time of imposing the restitution fine pursuant to subdivision (b) of
Section 1202.4, assess an additional parole revocation restitution
fine in the same amount as that imposed pursuant to subdivision (b)
of Section 1202.4. This additional parole revocation restitution
fine shall not be subject to penalty assessments authorized by
Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8
of the Government Code, or the state surcharge authorized by Section
1465.7, and shall be suspended unless the person's parole is
revoked. Parole revocation restitution fine moneys shall be deposited
in the Restitution Fund in the State Treasury.



1202.46. Notwithstanding Section 1170, when the economic losses of
a victim cannot be ascertained at the time of sentencing pursuant to
subdivision (f) of Section 1202.4, the court shall retain
jurisdiction over a person subject to a restitution order for
purposes of imposing or modifying restitution until such time as the
losses may be determined. Nothing in this section shall be construed
as prohibiting a victim, the district attorney, or a court on its
own motion from requesting correction, at any time, of a sentence
when the sentence is invalid due to the omission of a restitution
order or fine without a finding of compelling and extraordinary
reasons pursuant to Section 1202.4.



1202.5. (a) In any case in which a defendant is convicted of any of
the offenses enumerated in Section 211, 215, 459, 470, 484, 487,
488, or 594, the court shall order the defendant to pay a fine of ten
dollars ($10) in addition to any other penalty or fine imposed. If
the court determines that the defendant has the ability to pay all or
part of the fine, the court shall set the amount to be reimbursed
and order the defendant to pay that sum to the county in the manner
in which the court believes reasonable and compatible with the
defendant's financial ability. In making a determination of whether
a defendant has the ability to pay, the court shall take into account
the amount of any other fine imposed upon the defendant and any
amount the defendant has been ordered to pay in restitution.
(b) (1) All fines collected pursuant to this section shall be held
in trust by the county collecting them, until transferred to the
local law enforcement agency to be used exclusively for the
jurisdiction where the offense took place. All moneys collected
shall implement, support, and continue local crime prevention
programs.
(2) All amounts collected pursuant to this section shall be in
addition to, and shall not supplant funds received for crime
prevention purposes from other sources.
(c) As used in this section, "law enforcement agency" includes,
but is not limited to, police departments, sheriffs departments, and
probation departments.



1202.51. In any case in which a defendant is convicted of any of
the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or
374.8, the court shall order the defendant to pay a fine of one
hundred dollars ($100) if the conviction is for an infraction or two
hundred dollars ($200) if the conviction is for a misdemeanor, in
addition to any other penalty or fine imposed. If the court
determines that the defendant has the ability to pay all or part of
the fine, the court shall set the amount to be paid and order the
defendant to pay that sum to the city or, if not within a city, the
county, where the violation occurred, to be used for the city's or
county's illegal dumping enforcement program. Notwithstanding any
other provision of law, no state or county penalty, assessment, fee,
or surcharge shall be imposed on the fine ordered under this section.



1202.6. (a) Notwithstanding Sections 120975, 120980, and 120990 of
the Health and Safety Code, upon the first conviction of any person
for a violation of subdivision (b) of Section 647, the court shall,
before sentencing or as a condition of probation, order the defendant
to complete instruction in the causes and consequences of acquired
immune deficiency syndrome (AIDS) pursuant to subdivision (d) and
shall order the defendant to submit to testing for AIDS in accordance
with subdivision (e). In addition, the court shall refer a
defendant, where appropriate, to a program under Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code or to any drug diversion
program, or both.
(b) Upon a second or subsequent conviction of a violation of
subdivision (b) of Section 647, the court shall, before sentencing,
order the defendant to submit to testing for AIDS in accordance with
subdivision (e).
(c) At the sentencing hearing of a defendant ordered to submit to
testing for AIDS pursuant to subdivision (a) or (b), the court shall
furnish the defendant with a copy of the report submitted pursuant to
subdivision (e) and shall direct the clerk to note the receipt of
the report by the defendant in the records of the case.
If the results of the test described in the report are positive,
the court shall make certain that the defendant understands the
nature and meaning of the contents of the report and shall further
advise the defendant of the penalty established in Section 647f for a
subsequent violation of subdivision (b) of Section 647.
(d) The county health officer in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education. The county health officer shall endeavor to select an
agency, or agencies, that currently provide AIDS prevention education
programs to substance abusers or prostitutes. If no agency is
currently providing this education, the county agency responsible for
substance abuse shall develop an AIDS prevention education program
either within the agency or under contract with a community-based,
nonprofit organization in the county. The county health officer
shall forward to the courts a list of agencies selected for purposes
of referral.
An AIDS prevention education program providing services, at a
minimum, shall include details about the transmission of human
immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms
of AIDS or AIDS-related conditions, prevention through avoidance or
cleaning of needles, ***ual practices that constitute high risk, low
risk, and no risk (including abstinence), and resources for
assistance if the person decides to take a test for the etiologic
agent for AIDS and receives a positive test result. The program also
shall include other relevant medical and prevention information as
it becomes available.
(e) The court shall order testing of every defendant as ordered
pursuant to subdivision (a) or (b) for evidence of antibodies to the
probable causative agent of acquired immune deficiency syndrome.
Notwithstanding Section 120980 of the Health and Safety Code, written
copies of the report on the test shall be furnished to both of the
following:
(1) The court in which the defendant is to be sentenced.
(2) The State Department of Health Services.
(f) Except as provided in subdivisions (c) and (g), the reports
required by subdivision (e) shall be confidential.
(g) The State Department of Health Services shall maintain the
confidentiality of the reports received pursuant to subdivision (e),
except that the department shall furnish copies of any report to a
district attorney upon request.


1202.7. The Legislature finds and declares that the provision of
probation services is an essential element in the administration of
criminal justice. The safety of the public, which shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of justice,
including punishment, reintegration of the offender into the
community, and enforcement of conditions of probation; the loss to
the victim; and the needs of the defendant shall be the primary
considerations in the granting of probation. It is the intent of the
Legislature that efforts be made with respect to persons who are
subject to Section 290.011 who are on probation to engage them in
treatment.



1202.8. (a) Persons placed on probation by a court shall be under
the supervision of the county probation officer who shall determine
both the level and type of supervision consistent with the
court-ordered conditions of probation.
(b) Commencing January 1, 2009, every person who has been assessed
with the State Authorized Risk Assessment Tool for *** Offenders
(SARATSO) pursuant to Sections 290.04 to 290.06, inclusive, and who
has a SARATSO risk level of high shall be continuously electronically
monitored while on probation, unless the court determines that such
monitoring is unnecessary for a particular person. The monitoring
device used for these purposes shall be identified as one that
employs the latest available proven effective monitoring technology.
Nothing in this section prohibits probation authorities from using
electronic monitoring technology pursuant to any other provision of
law.
(c) Within 30 days of a court making an order to provide
restitution to a victim or to the Restitution Fund, the probation
officer shall establish an account into which any restitution
payments that are not deposited into the Restitution Fund shall be
deposited.
(d) Beginning January 1, 2009, and every two years thereafter,
each probation department shall report to the Corrections Standard
Authority all relevant statistics and relevant information regarding
on the effectiveness of continuous electronic monitoring of offenders
pursuant to subdivision (b). The report shall include the costs of
monitoring and the recidivism rates of those persons who have been
monitored. The Corrections Standard Authority shall compile the
reports and submit a single report to the Legislature and the
Governor every two years through 2017.


1203. (a) As used in this code, "probation" means the suspension of
the imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer. As used in this code,
"conditional sentence" means the suspension of the imposition or
execution of a sentence and the order of revocable release in the
community subject to conditions established by the court without the
supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is
convicted of a felony and is eligible for probation, before judgment
is pronounced, the court shall immediately refer the matter to a
probation officer to investigate and report to the court, at a
specified time, upon the circumstances surrounding the crime and the
prior history and record of the person, which may be considered
either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and
make a written report to the court of his or her findings and
recommendations, including his or her recommendations as to the
granting or denying of probation and the conditions of probation, if
granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code,
the probation officer shall include in his or her report any
information gathered by a law enforcement agency relating to the
taking of the defendant into custody as a minor, which shall be
considered for purposes of determining whether adjudications of
commissions of crimes as a juvenile warrant a finding that there are
circumstances in aggravation pursuant to Section 1170 or to deny
probation.
(C) If the person was convicted of an offense that requires him or
her to register as a *** offender pursuant to Section 290, the
probation officer's report shall include the results of the
State-Authorized Risk Assessment Tool for *** Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(D) The probation officer shall also include in the report his or
her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a
restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation,
restitution to the victim or to the Restitution Fund and the amount
thereof.
(E) The report shall be made available to the court and the
prosecuting and defense attorneys at least five days, or upon request
of the defendant or prosecuting attorney nine days, prior to the
time fixed by the court for the hearing and determination of the
report, and shall be filed with the clerk of the court as a record in
the case at the time of the hearing. The time within which the
report shall be made available and filed may be waived by written
stipulation of the prosecuting and defense attorneys that is filed
with the court or an oral stipulation in open court that is made and
entered upon the minutes of the court.
(3) At a time fixed by the court, the court shall hear and
determine the application, if one has been made, or, in any case, the
suitability of probation in the particular case. At the hearing, the
court shall consider any report of the probation officer, including
the results of the SARATSO, if applicable, and shall make a statement
that it has considered the report, which shall be filed with the
clerk of the court as a record in the case. If the court determines
that there are circumstances in mitigation of the punishment
prescribed by law or that the ends of justice would be served by
granting probation to the person, it may place the person on
probation. If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections and Rehabilitation at the prison or other institution to
which the person is delivered.
(4) The preparation of the report or the consideration of the
report by the court may be waived only by a written stipulation of
the prosecuting and defense attorneys that is filed with the court or
an oral stipulation in open court that is made and entered upon the
minutes of the court, except that there shall be no waiver unless the
court consents thereto. However, if the defendant is ultimately
sentenced and committed to the state prison, a probation report shall
be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court
shall order the probation officer who makes the probation report to
discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may
either refer the matter to the probation officer for an investigation
and a report or summarily pronounce a conditional sentence. If the
person was convicted of an offense that requires him or her to
register as a *** offender pursuant to Section 290, the court shall
refer the matter to the probation officer for the purpose of
obtaining a report on the results of the State-Authorized Risk
Assessment Tool for *** Offenders administered pursuant to Sections
290.04 to 290.06, inclusive, if applicable, which the court shall
consider. If the case is not referred to the probation officer, in
sentencing the person, the court may consider any information
concerning the person that could have been included in a probation
report. The court shall inform the person of the information to be
considered and permit him or her to answer or controvert the
information. For this purpose, upon the request of the person, the
court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon,
other than a firearm, at the time of the perpetration of the crime
or his or her arrest, any person who has been convicted of arson,
robbery, carjacking, burglary, burglary with explosives, rape with
force or violence, torture, aggravated mayhem, murder, attempt to
commit murder, trainwrecking, kidnapping, escape from the state
prison, or a conspiracy to commit one or more of those crimes and who
was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon
a human being in connection with the perpetration of the crime of
which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has been
convicted.
(4) Any person who has been previously convicted twice in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in
this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as a
felony, any person who has been convicted of burglary with
explosives, rape with force or violence, torture, aggravated mayhem,
murder, attempt to commit murder, trainwrecking, extortion,
kidnapping, escape from the state prison, a violation of Section 286,
288, 288a, or 288.5, or a conspiracy to commit one or more of those
crimes.
(6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony, if
he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon
at the time of the perpetration of the previous crime or his or her
arrest for the previous crime, he or she was armed with a weapon at
either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a
human being in connection with the perpetration of the previous
crime.
(C) The person willfully inflicted great bodily injury or torture
in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any
city, county, or other political subdivision who, in the discharge of
the duties of his or her public office or employment, accepted or
gave or offered to accept or give any bribe, embezzled public money,
or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away
phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in
the commission of arson under subdivision (a) of Section 451 or who
intentionally set fire to, burned, or caused the burning of, an
inhabited structure or inhabited property in violation of subdivision
(b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great
bodily injury or causes the death of a human being by the discharge
of a firearm from or at an occupied motor vehicle proceeding on a
public street or highway.
(11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 12020, a machinegun under
Section 12220, or a silencer under Section 12520.
(12) Any person who is convicted of violating Section 8101 of the
Welfare and Institutions Code.
(13) Any person who is described in paragraph (2) or (3) of
subdivision (g) of Section 12072.
(f) When probation is granted in a case which comes within
subdivision (e), the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall
refer the matter to the probation officer for an investigation of the
facts relevant to determination of the amount of a restitution fine
pursuant to subdivision (b) of Section 1202.4 in all cases where the
determination is applicable. The judge, in his or her discretion, may
direct the probation officer to investigate all facts relevant to
the sentencing of the person. Upon that referral, the probation
officer shall immediately investigate the circumstances surrounding
the crime and the prior record and history of the person and make a
written report to the court of his or her findings. The findings
shall include a recommendation of the amount of the restitution fine
as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report
is prepared pursuant to subdivision (b) or (g), the probation
officer may obtain and include in the report a statement of the
comments of the victim concerning the offense. The court may direct
the probation officer not to obtain a statement if the victim has in
fact testified at any of the court proceedings concerning the
offense.
(i) No probationer shall be released to enter another state unless
his or her case has been referred to the Administrator of the
Interstate Probation and Parole Compacts, pursuant to the Uniform Act
for Out-of-State Probationer or Parolee Supervision (Article 3
(commencing with Section 11175) of Chapter 2 of Title 1 of Part 4)
and the probationer has reimbursed the county that has jurisdiction
over his or her probation case the reasonable costs of processing his
or her request for interstate compact supervision. The amount and
method of reimbursement shall be in accordance with Section 1203.1b.

(j) In any court where a county financial evaluation officer is
available, in addition to referring the matter to the probation
officer, the court may order the defendant to appear before the
county financial evaluation officer for a financial evaluation of the
defendant's ability to pay restitution, in which case the county
financial evaluation officer shall report his or her findings
regarding restitution and other court-related costs to the probation
officer on the question of the defendant's ability to pay those
costs.
Any order made pursuant to this subdivision may be enforced as a
violation of the terms and conditions of probation upon willful
failure to pay and at the discretion of the court, may be enforced in
the same manner as a judgment in a civil action, if any balance
remains unpaid at the end of the defendant's probationary period.
(k) Probation shall not be granted to, nor shall the execution of,
or imposition of sentence be suspended for, any person who is
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, or a serious felony, as defined in subdivision (c) of
Section 1192.7, and who was on probation for a felony offense at the
time of the commission of the new felony offense.




1203.01. Immediately after judgment has been pronounced, the judge
and the district attorney, respectively, may cause to be filed with
the clerk of the court a brief statement of their views respecting
the person convicted or sentenced and the crime committed, together
with any reports the probation officer may have filed relative to
the prisoner. The judge and district attorney shall cause those
statements to be filed if no probation officer's report has been
filed. The attorney for the defendant and the law enforcement agency
that investigated the case may likewise file with the clerk of the
court statements of their views respecting the defendant and the
crime of which he or she was convicted. Immediately after the filing
of those statements and reports, the clerk of the court shall mail a
copy thereof, certified by that clerk, with postage prepaid,
addressed to the Department of Corrections at the prison or other
institution to which the person convicted is delivered. Within 60
days after judgment has been pronounced, the clerk shall mail a copy
of the charging documents, the transcript of the proceedings at the
time of the defendant's guilty plea, if the defendant pleaded guilty,
and the transcript of the proceedings at the time of sentencing,
with postage prepaid, to the prison or other institution to which the
person convicted is delivered. The clerk shall also mail a copy of
any statement submitted by the court, district attorney, or law
enforcement agency, pursuant to this section, with postage prepaid,
addressed to the attorney for the defendant, if any, and to the
defendant, in care of the Department of Corrections, and a copy of
any statement submitted by the attorney for the defendant, with
postage prepaid, shall be mailed to the district attorney.



1203.016. (a) Notwithstanding any other provision of law, the board
of supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which minimum security inmates and low-risk offenders committed
to a county jail or other county correctional facility or granted
probation, or inmates participating in a work furlough program, may
voluntarily participate in a home detention program during their
sentence in lieu of confinement in the county jail or other county
correctional facility or program under the auspices of the probation
officer.
(b) The board of supervisors may prescribe reasonable rules and
regulations under which a home detention program may operate. As a
condition of participation in the home detention program, the inmate
shall give his or her consent in writing to participate in the home
detention program and shall in writing agree to comply with the rules
and regulations of the program, including, but not limited to, the
following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
(2) The participant shall admit any person or agent designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
(3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices or
other supervising devices for the purpose of helping to verify his or
her compliance with the rules and regulations of the home detention
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant which is to be used solely for the
purposes of voice identification.
(4) The participant shall agree that the correctional
administrator in charge of the county correctional facility from
which the participant was released may, without further order of the
court, immediately retake the person into custody to serve the
balance of his or her sentence if the electronic monitoring or
supervising devices are unable for any reason to properly perform
their function at the designated place of home detention, if the
person fails to remain within the place of home detention as
stipulated in the agreement, if the person willfully fails to pay
fees to the provider of electronic home detention services, as
stipulated in the agreement, subsequent to the written notification
of the participant that the payment has not been received and that
return to custody may result, or if the person for any other reason
no longer meets the established criteria under this section. A copy
of the agreement shall be delivered to the participant and a copy
retained by the correctional administrator.
(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody to complete the
remainder of the original sentence.
(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person's participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator. The
rules and regulations shall be given to or made available to any
participant upon request.
(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program participation
as an alternative to physical custody. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons removed from program participation shall be notified in
writing of the specific reasons for the denial or removal. The notice
of denial or removal shall include the participant's appeal rights,
as established by program administrative policy.
(e) The court may recommend or refer a person to the correctional
administrator for consideration for placement in the home detention
program. The recommendation or referral of the court shall be given
great weight in the determination of acceptance or denial. At the
time of sentencing or at any time that the court deems it necessary,
the court may restrict or deny the defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of home
detention not later than the expiration of any period of time during
which he or she is authorized to be away from the place of home
detention pursuant to this section and unauthorized departures from
the place of home detention are punishable as provided in Section
4532.
(g) The board of supervisors may prescribe a program
administrative fee to be paid by each home detention participant that
shall be determined according to his or her ability to pay.
Inability to pay all or a portion of the program fees shall not
preclude participation in the program, and eligibility shall not be
enhanced by reason of ability to pay. All program administration and
supervision fees shall be administered in compliance with Section
1208.2.
(h) As used in this section, the following words have the
following meanings:
(1) "Correctional administrator" means the sheriff, probation
officer, or director of the county department of corrections.
(2) "Minimum security inmate" means an inmate who, by established
local classification criteria, would be eligible for placement in a
Type IV local detention facility, as described in Title 15 of the
California Code of Regulations, or for placement into the community
for work or school activities, or who is determined to be a minimum
security risk under a classification plan developed pursuant to
Section 1050 of Title 15 of the California Code of Regulations.
(3) "Low-risk offender" means a probationer, as defined by the
National Institute of Corrections model probation system.
(i) Notwithstanding any other law, the police department of a city
where an office is located to which persons on an electronic
monitoring program report may require the county correctional
administrator to provide information concerning those persons. This
information shall be limited to the name, address, date of birth, and
offense committed by the home detainee. Any information received by
a police department pursuant to this paragraph shall be used only for
the purpose of monitoring the impact of home detention programs on
the community.
(j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board
of supervisors, may administer a home detention program pursuant to
written contracts with appropriate public or private agencies or
entities to provide specified program services. No public or private
agency or entity may operate a home detention program in any county
without a written contract with that county's correctional
administrator. However, this does not apply to the use of electronic
monitoring by the California Department of Corrections or the
Department of the Youth Authority as established in Section 3004. No
public or private agency or entity entering into a contract may
itself employ any person who is in the home detention program.
(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
(3) (A) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and conditions of
the contract entered into with, the correctional administrator.
(B) Each contract shall include, but not be limited to, all of the
following:
(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated by
state correctional agencies and bodies, including the Board of
Corrections, and all statutory provisions and mandates, state and
county, as appropriate and applicable to the operation of home
detention programs and the supervision of sentenced offenders in a
home detention program.
(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may arise from,
or be proximately caused by, acts or omissions of the contractor.
The contract shall provide for annual review by the correctional
administrator to ensure compliance with requirements set by the board
of supervisors and for adjustment of the financial responsibility
requirements if warranted by caseload changes or other factors.
(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
(C) All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations specified
in subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.
(F) Upon the discovery that a private agency or entity with whom
there is a contract is not in compliance pursuant to this paragraph,
the correctional administrator shall give 60 days' notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
(k) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(1) A current liability insurance policy.
(2) A current errors and omissions insurance policy.
(3) A surety bond.



1203.017. (a) Notwithstanding any other provision of law, upon
determination by the correctional administrator that conditions in a
jail facility warrant the necessity of releasing sentenced
misdemeanor inmates prior to them serving the full amount of a given
sentence due to lack of jail space, the board of supervisors of any
county may authorize the correctional administrator to offer a
program under which inmates committed to a county jail or other
county correctional facility or granted probation, or inmates
participating in a work furlough program, may be required to
participate in an involuntary home detention program, which shall
include electronic monitoring, during their sentence in lieu of
confinement in the county jail or other county correctional facility
or program under the auspices of the probation officer. Under this
program, one day of participation shall be in lieu of one day of
incarceration. Participants in the program shall receive any
sentence reduction credits that they would have received had they
served their sentences in a county correctional facility.
(b) The board of supervisors may prescribe reasonable rules and
regulations under which an involuntary home detention program may
operate. The inmate shall be informed in writing that he or she
shall comply with the rules and regulations of the program,
including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
(2) The participant shall admit any peace officer designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
(3) The use of electronic monitoring may include global
positioning system devices or other supervising devices for the
purpose of helping to verify his or her compliance with the rules and
regulations of the home detention program. The devices shall not be
used to eavesdrop or record any conversation, except a conversation
between the participant and the person supervising the participant
which is to be used solely for the purposes of voice identification.

(4) The correctional administrator in charge of the county
correctional facility from which the participant was released may,
without further order of the court, immediately retake the person
into custody to serve the balance of his or her sentence if the
electronic monitoring or supervising devices are unable for any
reason to properly perform their function at the designated place of
home detention, if the person fails to remain within the place of
home detention as stipulated in the agreement, or if the person for
any other reason no longer meets the established criteria under this
section.
(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody to complete the
remainder of the original sentence.
(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person's participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator. The
rules and regulations shall be given to or made available to any
participant upon request.
(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program participation
as an alternative to physical custody. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons removed from program participation shall be notified in
writing of the specific reasons for the denial or removal. The notice
of denial or removal shall include the participant's appeal rights,
as established by program administrative policy.
(e) The court may recommend or refer a person to the correctional
administrator for consideration for placement in the home detention
program. The recommendation or referral of the court shall be given
great weight in the determination of acceptance or denial. At the
time of sentencing or at any time that the court deems it necessary,
the court may restrict or deny the defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of home
detention not later than the expiration of any period of time during
which he or she is authorized to be away from the place of home
detention pursuant to this section and unauthorized departures from
the place of home detention are punishable as provided in Section
4532.
(g) As used in this section, "correctional administrator" means
the sheriff, probation officer, or director of the county department
of corrections.
(h) (1) Notwithstanding any other law, the correctional
administrator shall provide the information specified in paragraph
(2) regarding persons on involuntary home detention to the
Corrections Standards Authority, and upon request, shall provide that
information to the law enforcement agency of a city or
unincorporated area where an office is located to which persons on
involuntary home detention report.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be placed on home
detention.
(D) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for that return.
(E) The gender and ethnicity of the participant.
(3) Any information received by a police department pursuant to
this subdivision shall be used only for the purpose of monitoring the
impact of home detention programs on the community.
(i) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board
of supervisors, may administer a home detention program pursuant to
written contracts with appropriate public or private agencies or
entities to provide specified program services. No public or private
agency or entity may operate a home detention program in any county
without a written contract with that county's correctional
administrator. However, this does not apply to the use of electronic
monitoring by the Department of Corrections and Rehabilitation as
established in Section 3004. No public or private agency or entity
entering into a contract may itself employ any person who is in the
home detention program.
(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
(3) (A) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and conditions of
the contract entered into with, the correctional administrator.
(B) Each contract shall include, but not be limited to, all of the
following:
(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated by
state correctional agencies and bodies, including the Corrections
Standards Authority, and all statutory provisions and mandates, state
and county, as appropriate and applicable to the operation of home
detention programs and the supervision of sentenced offenders in a
home detention program.
(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may arise from,
or be proximately caused by, acts or omissions of the contractor.
The contract shall provide for annual review by the correctional
administrator to ensure compliance with requirements set by the board
of supervisors and for adjustment of the financial responsibility
requirements if warranted by caseload changes or other factors.
(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
(C) All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations specified
in subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.
(F) Upon the discovery that a private agency or entity with whom
there is a contract is not in compliance pursuant to this paragraph,
the correctional administrator shall give 60 days' notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
(j) Inmates participating in this program shall not be charged
fees or costs for the program.
(k) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(1) A current liability insurance policy.
(2) A current errors and omissions insurance policy.
(3) A surety bond.


1203.02. The court, or judge thereof, in granting probation to a
defendant convicted of any of the offenses enumerated in Section 290
of this code shall inquire into the question whether the defendant at
the time the offense was committed was intoxicated or addicted to
the excessive use of alcoholic liquor or beverages at that time or
immediately prior thereto, and if the court, or judge thereof,
believes that the defendant was so intoxicated, or so addicted, such
court, or judge thereof, shall require as a condition of such
probation that the defendant totally abstain from the use of
alcoholic liquor or beverages.


1203.03. (a) In any case in which a defendant is convicted of an
offense punishable by imprisonment in the state prison, the court, if
it concludes that a just disposition of the case requires such
diagnosis and treatment services as can be provided at a diagnostic
facility of the Department of Corrections, may order that defendant
be placed temporarily in such facility for a period not to exceed 90
days, with the further provision in such order that the Director of
the Department of Corrections report to the court his diagnosis and
recommendations concerning the defendant within the 90-day period.
(b) The Director of the Department of Corrections shall, within
the 90 days, cause defendant to be observed and examined and shall
forward to the court his diagnosis and recommendation concerning the
disposition of defendant's case. Such diagnosis and recommendation
shall be embodied in a written report and copies of the report shall
be served only upon the defendant or his counsel, the probation
officer, and the prosecuting attorney by the court receiving such
report. After delivery of the copies of the report, the information
contained therein shall not be disclosed to anyone else without the
consent of the defendant. After disposition of the case, all copies
of the report, except the one delivered to the defendant or his
counsel, shall be filed in a sealed file and shall be available
thereafter only to the defendant or his counsel, the prosecuting
attorney, the court, the probation officer, or the Department of
Corrections.
(c) Notwithstanding subdivision (b), the probation officer may
retain a copy of the report for the purpose of supervision of the
defendant if the defendant is placed on probation by the court. The
report and information contained therein shall be confidential and
shall not be disclosed to anyone else without the written consent of
the defendant. Upon the completion or termination of probation, the
copy of the report shall be returned by the probation officer to the
sealed file prescribed in subdivision (b).
(d) The Department of Corrections shall designate the place to
which a person referred to it under the provisions of this section
shall be transported. After the receipt of any such person, the
department may return the person to the referring court if the
director of the department, in his discretion, determines that the
staff and facilities of the department are inadequate to provide such
services.
(e) The sheriff of the county in which an order is made placing a
defendant in a diagnostic facility pursuant to this section, or any
other peace officer designated by the court, shall execute the order
placing such defendant in the center or returning him therefrom to
the court. The expense of such sheriff or other peace officer
incurred in executing such order is a charge upon the county in which
the court is situated.
(f) It is the intention of the Legislature that the diagnostic
facilities made available to the counties by this section shall only
be used for the purposes designated and not in lieu of sentences to
local facilities.
(g) Time spent by a defendant in confinement in a diagnostic
facility of the Department of Corrections pursuant to this section or
as an inpatient of the California Rehabilitation Center shall be
credited on the term of imprisonment in state prison, if any, to
which defendant is sentenced in the case.
(h) In any case in which a defendant has been placed in a
diagnostic facility pursuant to this section and, in the course of
his confinement, he is determined to be suffering from a remediable
condition relevant to his criminal conduct, the department may, with
the permission of defendant, administer treatment for such condition.
If such treatment will require a longer period of confinement than
the period for which defendant was placed in the diagnostic facility,
the Director of Corrections may file with the court which placed
defendant in the facility a petition for extension of the period of
confinement, to which shall be attached a writing signed by defendant
giving his consent to the extension. If the court finds the
petition and consent in order, it may order the extension, and
transmit a copy of the order to the Director of Corrections.



1203.045. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person convicted of a crime of
theft of an amount exceeding one hundred thousand dollars ($100,000).

(b) The fact that the theft was of an amount exceeding one hundred
thousand dollars ($100,000) shall be alleged 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 plea of guilty or nolo contendere
or by trial by the court sitting without a jury.
(c) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by such a
disposition.


1203.046. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person who is convicted of
violating Section 653j by using, soliciting, inducing, encouraging,
or intimidating a minor to commit a felony in violation of that
section.
(b) When probation is granted pursuant to subdivision (a), the
court shall specify on the record and shall enter into the minutes
the circumstances indicating that the interests of justice would best
be served by that disposition.



1203.047. A person convicted of a violation of paragraph (1), (2),
(4), or (5) of subdivision (c) of Section 502, or of a felony
violation of paragraph (3), (6), (7), or (8) of subdivision (c) of
Section 502, or a violation of subdivision (b) of Section 502.7 may
be granted probation, but, except in unusual cases where the ends of
justice would be better served by a shorter period, the period of
probation shall not be less than three years and the following terms
shall be imposed. During the period of probation, that person shall
not accept employment where that person would use a computer
connected by any means to any other computer, except upon approval of
the court and notice to and opportunity to be heard by the
prosecuting attorney, probation department, prospective employer, and
the convicted person. Court approval shall not be given unless the
court finds that the proposed employment would not pose a risk to the
public.


1203.048. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person convicted of a violation
of Section 502 or subdivision (b) of Section 502.7 involving the
taking of or damage to property with a value exceeding one hundred
thousand dollars ($100,000).
(b) The fact that the value of the property taken or damaged was
an amount exceeding one hundred thousand dollars ($100,000) shall be
alleged 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 plea of
guilt or nolo contendere or by trial by the court sitting without a
jury.
(c) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by such a
disposition.



1203.049. (a) Except in unusual cases where the interest of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who violates subdivision (f) or
(g) of Section 10980 of the Welfare and Institutions Code, when the
violation has been committed by means of the electronic transfer of
food stamp benefits, and the amount of the electronically transferred
food stamp benefits exceeds one hundred thousand dollars ($100,000).

(b) The fact that the violation was committed by means of an
electronic transfer of food stamp benefits and the amount of the
electronically transferred food stamp benefits exceeds one hundred
thousand dollars ($100,000) shall be alleged 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 trial by the court sitting without a jury.
(c) If probation is granted, the court shall specify on the record
and shall enter on the minutes the circumstances indicating that the
interests of justice would best be served by that disposition of the
case.



1203.05. Any report of the probation officer filed with the court,
including any report arising out of a previous arrest of the person
who is the subject of the report, may be inspected or copied only as
follows:
(a) By any person, from the date judgment is pronounced or
probation granted or, in the case of a report arising out of a
previous arrest, from the date the subsequent accusatory pleading is
filed, to and including 60 days from the date judgment is pronounced
or probation is granted, whichever is earlier.
(b) By any person, at any time, by order of the court, upon filing
a petition therefor by the person.
(c) By the general public, if the court upon its own motion orders
that a report or reports shall be open or that the contents of the
report or reports shall be disclosed.
(d) By any person authorized or required by law to inspect or
receive copies of the report.
(e) By the district attorney of the county at any time.
(f) By the subject of the report at any time.



1203.055. (a) Notwithstanding any other law, in sentencing a person
convicted of committing or of attempting to commit one or more of
the offenses listed in subdivision (b) against a person who is a
passenger, operator, driver, or other occupant of any public transit
vehicle whether the offense or attempt is committed within the
vehicle or directed at the vehicle, the court shall require that the
person serve some period of confinement. If probation is granted, it
shall be a condition of probation that the person shall be confined
in the county jail for some period of time. If the time spent in
jail prior to arraignment is less than 24 hours, it shall not be
considered to satisfy the requirement that some period of confinement
be imposed.
As used in this subdivision, "public transit vehicle" means any
motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail
system, rapid transit system, subway, train, taxi cab, or jitney,
which transports members of the public for hire.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or
246.
(3) Robbery, in violation of Section 211.
(4) Kidnapping, in violation of Section 207.
(5) Kidnapping, in violation of Section 209.
(6) Battery, in violation of Section 243, 243.1, or 243.3.
(7) Rape, in violation of Section 261, 262, 264, or 264.1.
(8) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(9) Any other offense in which the defendant inflicts great bodily
injury on any person other than an accomplice. As used in this
paragraph, "great bodily injury" means "great bodily injury" as
defined in Section 12022.7.
(10) Grand theft, in violation of subdivision (1) of Section 487.

(11) Throwing of a hard substance or shooting a missile at a
transit vehicle, in violation of Section 219.2.
(12) Unlawfully causing a fire, in violation of Section 452.
(13) Drawing, exhibiting, or using a firearm or deadly weapon, in
violation of Section 417.
(14) A violation of Section 214.
(15) A violation of Section 215.
(16) Kidnapping, in violation of Section 209.5.
(c) Probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, any person convicted of a
felony offense falling within this section if the person has been
previously convicted and sentenced pursuant to this section.
(d) (1) The existence of any fact which would make a person
ineligible for probation under subdivisions (a) and (c) shall be
alleged 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.
A finding bringing the defendant within this section shall not be
stricken pursuant to Section 1385 or any provision of law.
(2) This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) The court shall require, as a condition of probation for any
person convicted of committing a crime which took place on a public
transit vehicle, except in any case in which the court makes a
finding and states on the record clear and compelling reasons why the
condition would be inappropriate, that the person make restitution
to the victim. If restitution is found to be inappropriate, the
court shall require as a condition of probation, except in any case
in which the court makes a finding and states on the record its
reasons that the condition would be inappropriate, that the defendant
perform specified community service. Nothing in this subdivision
shall be construed to limit the authority of a court to provide
additional conditions of probation.
(f) In any case in which a person is convicted of committing a
crime which took place on a public transit vehicle, the probation
officer shall immediately investigate and report to the court at a
specified time whether, as a result of the crime, property damage or
loss or personal injury was caused by the defendant, the amount of
the damage, loss, or injury, and the feasibility of requiring
restitution to be made by the defendant. When a probation report is
required pursuant to Section 1203 the information required by this
subdivision shall be added to that probation report.



1203.06. (a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended for, nor shall a finding bringing the defendant
within this section be stricken pursuant to Section 1385 for, any of
the following persons:
(1) Any person who personally used a firearm during the commission
or attempted commission of any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Lewd or lascivious act, in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) Rape, in violation of Section 261, 262, or 264.1.
(G) Assault with intent to commit a specified ***ual offense, in
violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(I) Carjacking, in violation of Section 215.
(J) Aggravated mayhem, in violation of Section 205.
(K) Torture, in violation of Section 206.
(L) Continuous ***ual abuse of a child, in violation of Section
288.5.
(M) A felony violation of Section 136.1 or 137.
(N) Sodomy, in violation of Section 286.
(O) Oral copulation, in violation of Section 288a.
(P) ***ual penetration, in violation of Section 289 or 264.1.
(Q) Aggravated ***ual assault of a child, in violation of Section
269.
(2) Any person previously convicted of a felony specified in
paragraph (1), or assault with intent to commit murder under former
Section 217, who is convicted of a subsequent felony and who was
personally armed with a firearm at any time during its commission or
attempted commission or was unlawfully armed with a firearm at the
time of his or her arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b) (1) The existence of any fact that would make a person
ineligible for probation under subdivision (a) shall be alleged in
the accusatory pleading, and either admitted by the defendant in open
court, or found to be true by the trier of fact.
(2) As used in subdivision (a), "used a firearm" means to display
a firearm in a menacing manner, to intentionally fire it, to
intentionally strike or hit a human being with it, or to use it in
any manner that qualifies under Section 12022.5.
(3) As used in subdivision (a), "armed with a firearm" means to
knowingly carry or have available for use a firearm as a means of
offense or defense.



1203.065. (a) 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 convicted of violating
paragraph (2) or (6) of subdivision (a) of Section 261, Section
264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286, paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a, subdivision (a)
of Section 289, or subdivision (c) of Section 311.4.
(b) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of violating
paragraph (7) of subdivision (a) of Section 261, subdivision (k) of
Section 286, subdivision (k) of Section 288a, subdivision (g) of
Section 289, or Section 220 for assault with intent to commit a
specified ***ual offense.
(2) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by the
disposition.



1203.066. (a) Notwithstanding Section 1203 or any other law,
probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, nor shall a finding bringing
the defendant within the provisions of this section be stricken
pursuant to Section 1385 for, any of the following persons:
(1) A person who is convicted of violating Section 288 or 288.5
when the act is committed by the use of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person.
(2) A person who caused bodily injury on the child victim in
committing a violation of Section 288 or 288.5.
(3) A person who is convicted of a violation of Section 288 or
288.5 and who was a stranger to the child victim or befriended the
child victim for the purpose of committing an act in violation of
Section 288 or 288.5, unless the defendant honestly and reasonably
believed the victim was 14 years of age or older.
(4) A person who used a weapon during the commission of a
violation of Section 288 or 288.5.
(5) A person who is convicted of committing a violation of Section
288 or 288.5 and who has been previously convicted of a violation of
Section 261, 262, 264.1, 266, 266c, 267, 285, 286, 288, 288.5, 288a,
or 289, or of assaulting another person with intent to commit a
crime specified in this paragraph in violation of Section 220, or who
has been previously convicted in another state of an offense which,
if committed or attempted in this state, would constitute an offense
enumerated in this paragraph.
(6) A person who violated Section 288 or 288.5 while kidnapping
the child victim in violation of Section 207, 209, or 209.5.
(7) A person who is convicted of committing a violation of Section
288 or 288.5 against more than one victim.
(8) A person who, in violating Section 288 or 288.5, has
substantial ***ual conduct with a victim who is under 14 years of
age.
(9) A person who, in violating Section 288 or 288.5, used obscene
matter, as defined in Section 311, or matter, as defined in Section
311, depicting ***ual conduct, as defined in Section 311.3.
(b) "Substantial ***ual conduct" means penetration of the vagina
or rectum of either the victim or the offender by the penis of the
other or by any foreign object, oral copulation, or masturbation of
either the victim or the offender.
(c) (1) Except for a violation of subdivision (b) of Section 288,
this section shall only apply if the existence of any fact required
in subdivision (a) is alleged in the accusatory pleading and is
either admitted by the defendant in open court, or found to be true
by the trier of fact.
(2) For the existence of any fact under paragraph (7) of
subdivision (a), the allegation must be made pursuant to this
section.
(d) (1) If a person is convicted of a violation of Section 288 or
288.5, and the factors listed in subdivision (a) are not pled or
proven, probation may be granted only if the following terms and
conditions are met:
(A) If the defendant is a member of the victim's household, the
court finds that probation is in the best interest of the child
victim.
(B) The court finds that rehabilitation of the defendant is
feasible and that the defendant is amenable to undergoing treatment,
and the defendant is placed in a recognized treatment program
designed to deal with child molestation immediately after the grant
of probation or the suspension of execution or imposition of
sentence.
(C) If the defendant is a member of the victim's household,
probation shall not be granted unless the defendant is removed from
the household of the victim until the court determines that the best
interests of the victim would be served by his or her return. While
removed from the household, the court shall prohibit contact by the
defendant with the victim, with the exception that the court may
permit supervised contact, upon the request of the director of the
court-ordered supervised treatment program, and with the agreement of
the victim and the victim's parent or legal guardian, other than the
defendant.
(D) The court finds that there is no threat of physical harm to
the victim if probation is granted.
(2) The court shall state its reasons on the record for whatever
sentence it imposes on the defendant.
(3) The court shall order the psychiatrist or psychologist who is
appointed pursuant to Section 288.1 to include a consideration of the
factors specified in subparagraphs (A), (B), and (C) of paragraph
(1) in making his or her report to the court.
(4) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon ability to pay.
(5) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(e) As used in subdivision (d), the following definitions apply:
(1) "Contact with the victim" includes all physical contact, being
in the presence of the victim, communicating by any means, including
by a third party acting on behalf of the defendant, or sending any
gifts.
(2) "Recognized treatment program" means a program that consists
of the following components:
(A) Substantial expertise in the treatment of child ***ual abuse.

(B) A treatment regimen designed to specifically address the
offense.
(C) The ability to serve indigent clients.
(D) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program, or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.



1203.067. (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, or 289, who is eligible for
probation, the court shall do all of the following:
(1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
(2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
(3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
(b) If a defendant is granted probation pursuant to subdivision
(a), the court shall order the defendant to be placed in an
appropriate treatment program designed to deal with child molestation
or ***ual offenders, if an appropriate program is available in the
county.
(c) Any defendant ordered to be placed in a treatment program
pursuant to subdivision (b) shall be responsible for paying the
expense of his or her participation in the treatment 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.



1203.07. (a) Notwithstanding Section 1203, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale 14.25 grams or more of
a substance containing heroin.
(2) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell 14.25 grams or
more of a substance containing heroin.
(3) Any person convicted of violating Section 11351 of the Health
and Safety Code by possessing heroin for sale or convicted of
violating Section 11352 of the Health and Safety Code by selling or
offering to sell heroin, and who has one or more prior convictions
for violating Section 11351 or Section 11352 of the Health and Safety
Code.
(4) Any person who is convicted of violating Section 11378.5 of
the Health and Safety Code by possessing for sale 14.25 grams or more
of any salt or solution of phencyclidine or any of its analogs as
specified in paragraph (21), (22), or (23) of subdivision (d) of
Section 11054 or in paragraph (3) of subdivision (e) of Section 11055
of the Health and Safety Code, or any of the precursors of
phencyclidine as specified in paragraph (2) of subdivision (f) of
Section 11055 of the Health and Safety Code.
(5) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by transporting for sale, importing for
sale, or administering, or offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or
transport for sale, phencyclidine or any of its analogs or
precursors.
(6) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by selling or offering to sell
phencyclidine or any of its analogs or precursors.
(7) Any person who is convicted of violating Section 11379.6 of
the Health and Safety Code by manufacturing or offering to perform an
act involving the manufacture of phencyclidine or any of its analogs
or precursors.
As used in this section "manufacture" refers to the act of any
person who manufactures, compounds, converts, produces, derives,
processes, or prepares, either directly or indirectly by chemical
extraction or independently by means of chemical synthesis.
(8) Any person who is convicted of violating Section 11380 of the
Health and Safety Code by using, soliciting, inducing, encouraging,
or intimidating a minor to act as an agent to manufacture, compound,
or sell any controlled substance specified in subdivision (d) of
Section 11054 of the Health and Safety Code, except paragraphs (13),
(14), (15), (20), (21), (22), and (23) of subdivision (d), or
specified in subdivision (d), (e), or (f) of Section 11055 of the
Health and Safety Code, except paragraph (3) of subdivision (e) and
subparagraphs (A) and (B) of paragraph (2) of subdivision (f).
(9) Any person who is convicted of violating Section 11380.5 of
the Health and Safety Code by the use of a minor as an agent or who
solicits, induces, encourages, or intimidates a minor with the intent
that the minor shall violate the provisions of Section 11378.5,
11379.5, or 11379.6 of the Health and Safety Code insofar as the
violation relates to phencyclidine or any of its analogs or
precursors.
(10) Any person who is convicted of violating subdivision (b) of
Section 11383 of the Health and Safety Code by possessing piperidine,
pyrrolidine, or morpholine, and cyclohexanone, with intent to
manufacture phencyclidine or any of its analogs.
(11) Any person convicted of violating Section 11351, 11351.5, or
11378 of the Health and Safety Code by possessing for sale cocaine
base, cocaine, or methamphetamine, or convicted of violating Section
11352 or 11379 of the Health and Safety Code, by selling or offering
to sell cocaine base, cocaine, or methamphetamine and who has one or
more convictions for violating Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, or 11379.5 of the Health and Safety Code. For
purposes of prior convictions under Sections 11352, 11379, and
11379.5 of the Health and Safety Code, this subdivision shall not
apply to the transportation, offering to transport, or attempting to
transport a controlled substance.
(b) The existence of any fact which would make a person ineligible
for probation 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.



1203.073. (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served. When probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
(b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale, or Section 11352 of
the Health and Safety Code by selling, a substance containing 28.5
grams or more of cocaine as specified in paragraph (6) of subdivision
(b) of Section 11055 of the Health and Safety Code, or 57 grams or
more of a substance containing cocaine as specified in paragraph (6)
of subdivision (b) of Section 11055 of the Health and Safety Code.
(2) Any person who is convicted of violating Section 11378 of the
Health and Safety Code by possessing for sale, or Section 11379 of
the Health and Safety Code by selling a substance containing 28.5
grams or more of methamphetamine or 57 grams or more of a substance
containing methamphetamine.
(3) Any person who is convicted of violating subdivision (a) of
Section 11379.6 of the Health and Safety Code, except those who
manufacture phencyclidine, or who is convicted of an act which is
punishable under subdivision (b) of Section 11379.6 of the Health and
Safety Code, except those who offer to perform an act which aids in
the manufacture of phencyclidine.
(4) Except as otherwise provided in Section 1203.07, any person
who is convicted of violating Section 11353 or 11380 of the Health
and Safety Code by using, soliciting, inducing, encouraging, or
intimidating a minor to manufacture, compound, or sell heroin,
cocaine base as specified in paragraph (1) of subdivision (f) of
Section 11054 of the Health and Safety Code, cocaine as specified in
paragraph (6) of subdivision (b) of Section 11055 of the Health and
Safety Code, or methamphetamine.
(5) Any person who is convicted of violating Section 11351.5 of
the Health and Safety Code by possessing for sale a substance
containing 14.25 grams or more of cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054 of the Health and
Safety Code or 57 grams or more of a substance containing at least
five grams of cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.
(6) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by transporting for sale, importing for sale,
or administering, or by offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or transport
for sale, cocaine base as specified in paragraph (1) of subdivision
(f) of Section 11054 of the Health and Safety Code.
(7) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of
the Health and Safety Code.
(8) Any person convicted of violating Section 11379.6, 11382, or
11383 of the Health and Safety Code with respect to methamphetamine,
if he or she has one or more prior convictions for a violation of
Section 11378, 11379, 11379.6, 11380, 11382, or 11383 with respect to
methamphetamine.
(c) As used in this section, the term "manufacture" refers to the
act of any person who manufactures, compounds, converts, produces,
derives, processes, or prepares, either directly or indirectly by
chemical extraction or independently by means of chemical synthesis.

(d) The existence of any previous conviction or fact which would
make a person ineligible for probation 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.


1203.074. (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served; when probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
(b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person who is convicted of violating Section
11366.6 of the Health and Safety Code.


1203.075. (a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended for, nor shall a finding bringing the defendant
within this section be stricken pursuant to Section 1385 for, any
person who personally inflicts great bodily injury, as defined in
Section 12022.7, on the person of another in the commission or
attempted commission of any of the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207, 209, or 209.5.
(4) Lewd or lascivious act, in violation of Section 288.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape, in violation of Section 261, 262, or 264.1.
(7) Assault with intent to commit a specified ***ual offense, in
violation of Section 220.
(8) Escape, in violation of Section 4530 or 4532.
(9) ***ual penetration, in violation of Section 289 or 264.1.
(10) Sodomy, in violation of Section 286.
(11) Oral copulation, in violation of Section 288a.
(12) Carjacking, in violation of Section 215.
(13) Continuous ***ual abuse of a child, in violation of Section
288.5.
(14) Aggravated ***ual assault of a child, in violation of Section
269.
(b) The existence of any fact that would make a person ineligible
for probation under subdivision (a) shall be alleged in the
accusatory pleading, and either admitted by the defendant in open
court, or found to be true by the trier of fact.



1203.076. Any person convicted of violating Section 11352 of the
Health and Safety Code relating to the sale of cocaine, cocaine
hydrochloride, or heroin, or Section 11379.5 of the Health and Safety
Code, who is eligible for probation and who is granted probation
shall, as a condition thereof, be confined in the county jail for at
least 180 days. The imposition of the minimum 180-day sentence shall
be imposed in every case where probation has been granted, except
that the court may, in an unusual case where the interests of justice
would best be served, absolve a person from spending the 180-day
sentence in the county jail if the court specifies on the record and
enters into the minutes, the circumstances indicating that the
interests of justice would best be served by that disposition.




1203.08. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any adult person convicted of a designated felony who
has been previously convicted as an adult under charges separately
brought and tried two or more times of any designated felony or in
any other place of a public offense which, if committed in this
state, would have been punishable as a designated felony, if all the
convictions occurred within a 10-year period. The 10-year period
shall be calculated exclusive of any period of time during which the
person has been confined in a state or federal prison.
(b) (1) The existence of any fact which would make a person
ineligible for probation 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.
(2) Except where the existence of the fact was not admitted or
found to be true pursuant to paragraph (1), or the court finds that a
prior conviction was invalid, the court shall not strike or dismiss
any prior convictions alleged in the information or indictment.
(3) This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(c) As used in this section, "designated felony" means any felony
specified in Section 187, 192, 207, 209, 209.5, 211, 215, 217, 245,
288, or paragraph (2), (6), or (7) of subdivision (a) of Section 261,
paragraph (1), (4), or (5) of subdivision (a) of Section 262,
subdivision (a) of Section 460, or when great bodily injury occurs in
perpetration of an assault to commit robbery, mayhem, or rape, as
defined in Section 220.


1203.085. (a) Any person convicted of an offense punishable by
imprisonment in the state prison but without an alternate sentence to
a county jail shall not be granted probation or have the execution
or imposition of sentence suspended, if the offense was committed
while the person was on parole from state prison pursuant to Section
3000, following a term of imprisonment imposed for a violent felony,
as defined in subdivision (c) of Section 667.5, or a serious felony,
as defined in subdivision (c) of Section 1192.7.
(b) Any person convicted of a violent felony, as defined in
subdivision (c) of Section 667.5, or a serious felony, as defined in
subdivision (c) of Section 1192.7, shall not be granted probation or
have the execution or imposition of sentence suspended, if the
offense was committed while the person was on parole from state
prison pursuant to Section 3000.
(c) The existence of any fact that would make a person ineligible
for probation under subdivision (a) or (b) 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.




1203.09. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person who commits or attempts to commit one or
more of the crimes listed in subdivision (b) against a person who is
60 years of age or older; or against a person who is blind, a
paraplegic, a quadriplegic, or a person confined to a wheelchair and
that disability is known or reasonably should be known to the person
committing the crime; and who during the course of the offense
inflicts great bodily injury upon the person.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207.
(4) Kidnapping, in violation of Section 209.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape by force or violence, in violation of paragraph (2) or
(6) of subdivision (a) of Section 261 or paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(8) Carjacking, in violation of Section 215.
(9) Kidnapping, in violation of Section 209.5.
(c) The existence of any fact which would make a person ineligible
for probation under either subdivision (a) or (f) 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.
(d) As used in this section "great bodily injury" means "great
bodily injury" as defined in Section 12022.7.
(e) This section shall apply in all cases, including those cases
where the infliction of great bodily injury is an element of the
offense.
(f) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person convicted of having committed one or
more of the following crimes against a person who is 60 years of age
or older: assault with a deadly weapon or instrument, battery which
results in physical injury which requires professional medical
treatment, carjacking, robbery, or mayhem.



1203.095. (a) Except as provided in subdivision (b), but
notwithstanding any other provision of law, if any person convicted
of a violation of paragraph (2) of subdivision (a) of Section 245, of
a violation of paragraph (1) of subdivision (d) of Section 245, of a
violation of Section 246, or a violation of subdivision (c) of
Section 417, is granted probation or the execution or imposition of
sentence is suspended, it shall be a condition thereof that he or she
be imprisoned for at least six months, and if any person convicted
of a violation of paragraph (2) of subdivision (a) of Section 417 is
granted probation or the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for at least three months.
(b) The provisions of subdivision (a) shall apply except in
unusual cases where the interests of justice would best be served by
granting probation or suspending the imposition or execution of
sentence without the imprisonment required by subdivision (a), or by
granting probation or suspending the imposition or execution of
sentence with conditions other than those set forth in subdivision
(a), in which case the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by such a disposition.
(c) This section does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.


1203.096. (a) Upon conviction of any felony in which the defendant
is sentenced to state prison and in which the court makes the
findings set forth in subdivision (b), a court shall, in addition to
any other terms of imprisonment, fine, and conditions, recommend in
writing that the defendant participate in a counseling or education
program having a substance abuse component while imprisoned.
(b) The court shall make the recommendation specified in
subdivision (a) if it finds that any of the following are true:
(1) That the defendant at the time of the commission of the
offense was under the influence of any alcoholic beverages.
(2) That the defendant at the time of the commission of the
offense was under the influence of any controlled substance.
(3) That the defendant has a demonstrated history of substance
abuse.
(4) That the offense or offenses for which the defendant was
convicted are drug related.


1203.097. (a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation shall include all of the following:
(1) A minimum period of probation of 36 months, which may include
a period of summary probation as appropriate.
(2) A criminal court protective order protecting the victim from
further acts of violence, threats, stalking, ***ual abuse, and
harassment, and, if appropriate, containing residence exclusion or
stay-away conditions.
(3) Notice to the victim of the disposition of the case.
(4) Booking the defendant within one week of sentencing if the
defendant has not already been booked.
(5) A minimum payment by the defendant of four hundred dollars
($400) to be disbursed as specified in this paragraph. If, after a
hearing in court on the record, the court finds that the defendant
does not have the ability to pay, the court may reduce or waive this
fee.
Two-thirds of the moneys deposited with the county treasurer
pursuant to this section shall be retained by counties and deposited
in the domestic violence programs special fund created pursuant to
Section 18305 of the Welfare and Institutions Code, to be expended
for the purposes of Chapter 5 (commencing with Section 18290) of Part
6 of Division 9 of the Welfare and Institutions Code. The remainder
shall be transferred, once a month, to the Controller for deposit in
equal amounts in the Domestic Violence Restraining Order
Reimbursement Fund and in the Domestic Violence Training and
Education Fund, which are hereby created, in an amount equal to
one-third of funds collected during the preceding month. In no event
may the funds transferred to the Controller be less than one hundred
thirty-three dollars ($133) for each defendant. However, if the court
orders the defendant to pay less than two hundred dollars ($200)
because of his or her inability to pay, the state shall receive
two-thirds of the payment. Moneys deposited into these funds pursuant
to this section shall be available upon appropriation by the
Legislature and shall be distributed each fiscal year as follows:
(A) Funds from the Domestic Violence Restraining Order
Reimbursement Fund shall be distributed to local law enforcement or
other criminal justice agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(b) of Section 6380 of the Family Code, based on the annual
notification from the Department of Justice of the number of
restraining orders issued and registered in the state domestic
violence restraining order registry maintained by the Department of
Justice, for the development and maintenance of the domestic violence
restraining order databank system.
(B) Funds from the Domestic Violence Training and Education Fund
shall support a statewide training and education program to increase
public awareness of domestic violence and to improve the scope and
quality of services provided to the victims of domestic violence.
Grants to support this program shall be awarded on a competitive
basis and be administered by the State Department of Public Health,
in consultation with the statewide domestic violence coalition, which
is eligible to receive funding under this section.
(6) Successful completion of a batterer's program, as defined in
subdivision (c), or if none is available, another appropriate
counseling program designated by the court, for a period not less
than one year with periodic progress reports by the program to the
court every three months or less and weekly sessions of a minimum of
two hours class time duration. The defendant shall attend
consecutive weekly sessions, unless granted an excused absence for
good cause by the program for no more than three individual sessions
during the entire program, and shall complete the program within 18
months, unless, after a hearing, the court finds good cause to modify
the requirements of consecutive attendance or completion within 18
months.
(7) (A) (i) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon the ability to pay.
(ii) The terms of probation for offenders shall not be lifted
until all reasonable fees due to the counseling program have been
paid in full, but in no case shall probation be extended beyond the
term provided in subdivision (a) of Section 1203.1. If the court
finds that the defendant does not have the ability to pay the fees
based on the defendant's changed circumstances, the court may reduce
or waive the fees.
(B) Upon request by the batterer's program, the court shall
provide the defendant's arrest report, prior incidents of violence,
and treatment history to the program.
(8) The court also shall order the defendant to perform a
specified amount of appropriate community service, as designated by
the court. The defendant shall present the court with proof of
completion of community service and the court shall determine if the
community service has been satisfactorily completed. If sufficient
staff and resources are available, the community service shall be
performed under the jurisdiction of the local agency overseeing a
community service program.
(9) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative batterer's program.
(10) (A) Upon recommendation of the program, a court shall require
a defendant to participate in additional sessions throughout the
probationary period, unless it finds that it is not in the interests
of justice to do so, states its reasons on the record, and enters
them into the minutes. In deciding whether the defendant would
benefit from more sessions, the court shall consider whether any of
the following conditions exist:
(i) The defendant has been violence free for a minimum of six
months.
(ii) The defendant has cooperated and participated in the batterer'
s program.
(iii) The defendant demonstrates an understanding of and practices
positive conflict resolution skills.
(iv) The defendant blames, degrades, or has committed acts that
dehumanize the victim or puts at risk the victim's safety, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(v) The defendant demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(vi) The defendant has made threats to harm anyone in any manner.

(vii) The defendant has complied with applicable requirements
under paragraph (6) of subdivision (c) or subparagraph (C) to receive
alcohol counseling, drug counseling, or both.
(viii) The defendant demonstrates acceptance of responsibility for
the abusive behavior perpetrated against the victim.
(B) The program shall immediately report any violation of the
terms of the protective order, including any new acts of violence or
failure to comply with the program requirements, to the court, the
prosecutor, and, if formal probation has been ordered, to the
probation department. The probationer shall file proof of enrollment
in a batterer's program with the court within 30 days of conviction.

(C) Concurrent with other requirements under this section, in
addition to, and not in lieu of, the batterer's program, and unless
prohibited by the referring court, the probation department or the
court may make provisions for a defendant to use his or her resources
to enroll in a chemical dependency program or to enter voluntarily a
licensed chemical dependency recovery hospital or residential
treatment program that has a valid license issued by the state to
provide alcohol or drug services to receive program participation
credit, as determined by the court. The probation department shall
document evidence of this hospital or residential treatment
participation in the defendant's program file.
(11) The conditions of probation may include, in lieu of a fine,
but not in lieu of the fund payment required under paragraph (5), one
or more of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the defendant'
s offense.
For any order to pay a fine, to make payments to a battered women'
s shelter, or to pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the
defendant's ability to pay. Determination of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. In no event shall any order
to make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. When the injury to a married
person is caused, in whole or in part, by the criminal acts of his or
her spouse in violation of this section, the community property
shall not be used to discharge the liability of the offending spouse
for restitution to the injured spouse, as required by Section
1203.04, as operative on or before August 2, 1995, or Section 1202.4,
or to a shelter for costs with regard to the injured spouse, until
all separate property of the offending spouse is exhausted.
(12) If it appears to the prosecuting attorney, the court, or the
probation department that the defendant is performing
unsatisfactorily in the assigned program, is not benefiting from
counseling, or has engaged in criminal conduct, upon request of the
probation officer, the prosecuting attorney, or on its own motion,
the court, as a priority calendar item, shall hold a hearing to
determine whether further sentencing should proceed. The court may
consider factors, including, but not limited to, any violence by the
defendant against the former or a new victim while on probation and
noncompliance with any other specific condition of probation. If the
court finds that the defendant is not performing satisfactorily in
the assigned program, is not benefiting from the program, has not
complied with a condition of probation, or has engaged in criminal
conduct, the court shall terminate the defendant's participation in
the program and shall proceed with further sentencing.
(b) If a person is granted formal probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code, in
addition to the terms specified in subdivision (a), all of the
following shall apply:
(1) The probation department shall make an investigation and take
into consideration the defendant's age, medical history, employment
and service records, educational background, community and family
ties, prior incidents of violence, police report, treatment history,
if any, demonstrable motivation, and other mitigating factors in
determining which batterer's program would be appropriate for the
defendant. This information shall be provided to the batterer's
program if it is requested. The probation department shall also
determine which community programs the defendant would benefit from
and which of those programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court.
(2) The court shall advise the defendant that the failure to
report to the probation department for the initial investigation, as
directed by the court, or the failure to enroll in a specified
program, as directed by the court or the probation department, shall
result in possible further incarceration. The court, in the interests
of justice, may relieve the defendant from the prohibition set forth
in this subdivision based upon the defendant's mistake or excusable
neglect. Application for this relief shall be filed within 20 court
days of the missed deadline. This time limitation may not be
extended. A copy of any application for relief shall be served on the
office of the prosecuting attorney.
(3) After the court orders the defendant to a batterer's program,
the probation department shall conduct an initial assessment of the
defendant, including, but not limited to, all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Substance abuse history.
(G) Consultation with the probation officer.
(H) Verbal consultation with the victim, only if the victim
desires to participate.
(I) Assessment of the future probability of the defendant
committing murder.
(4) The probation department shall attempt to notify the victim
regarding the requirements for the defendant's participation in the
batterer's program, as well as regarding available victim resources.
The victim also shall be informed that attendance in any program does
not guarantee that an abuser will not be violent.
(c) The court or the probation department shall refer defendants
only to batterer's programs that follow standards outlined in
paragraph (1), which may include, but are not limited to, lectures,
classes, group discussions, and counseling. The probation department
shall design and implement an approval and renewal process for
batterer's programs and shall solicit input from criminal justice
agencies and domestic violence victim advocacy programs.
(1) The goal of a batterer's program under this section shall be
to stop domestic violence. A batterer's program shall consist of the
following components:
(A) Strategies to hold the defendant accountable for the violence
in a relationship, including, but not limited to, providing the
defendant with a written statement that the defendant shall be held
accountable for acts or threats of domestic violence.
(B) A requirement that the defendant participate in ongoing
same-gender group sessions.
(C) An initial intake that provides written definitions to the
defendant of physical, emotional, ***ual, economic, and verbal abuse,
and the techniques for stopping these types of abuse.
(D) Procedures to inform the victim regarding the requirements for
the defendant's participation in the intervention program as well as
regarding available victim resources. The victim also shall be
informed that attendance in any program does not guarantee that an
abuser will not be violent.
(E) A requirement that the defendant attend group sessions free of
chemical influence.
(F) Educational programming that examines, at a minimum, gender
roles, socialization, the nature of violence, the dynamics of power
and control, and the effects of abuse on children and others.
(G) A requirement that excludes any couple counseling or family
counseling, or both.
(H) Procedures that give the program the right to assess whether
or not the defendant would benefit from the program and to refuse to
enroll the defendant if it is determined that the defendant would not
benefit from the program, so long as the refusal is not because of
the defendant's inability to pay. If possible, the program shall
suggest an appropriate alternative program.
(I) Program staff who, to the extent possible, have specific
knowledge regarding, but not limited to, spousal abuse, child abuse,
***ual abuse, substance abuse, the dynamics of violence and abuse,
the law, and procedures of the legal system.
(J) Program staff who are encouraged to utilize the expertise,
training, and assistance of local domestic violence centers.
(K) A requirement that the defendant enter into a written
agreement with the program, which shall include an outline of the
contents of the program, the attendance requirements, the requirement
to attend group sessions free of chemical influence, and a statement
that the defendant may be removed from the program if it is
determined that the defendant is not benefiting from the program or
is disruptive to the program.
(L) A requirement that the defendant sign a confidentiality
statement prohibiting disclosure of any information obtained through
participating in the program or during group sessions regarding other
participants in the program.
(M) Program content that provides cultural and ethnic sensitivity.

(N) A requirement of a written referral from the court or
probation department prior to permitting the defendant to enroll in
the program. The written referral shall state the number of minimum
sessions required by the court.
(O) Procedures for submitting to the probation department all of
the following uniform written responses:
(i) Proof of enrollment, to be submitted to the court and the
probation department and to include the fee determined to be charged
to the defendant, based upon the ability to pay, for each session.
(ii) Periodic progress reports that include attendance, fee
payment history, and program compliance.
(iii) Final evaluation that includes the program's evaluation of
the defendant's progress, using the criteria set forth in paragraph
(4) of subdivision (a) and recommendation for either successful or
unsuccessful termination or continuation in the program.
(P) A sliding fee schedule based on the defendant's ability to
pay. The batterer's program shall develop and utilize a sliding fee
scale that recognizes both the defendant's ability to pay and the
necessity of programs to meet overhead expenses. An indigent
defendant may negotiate a deferred payment schedule, but shall pay a
nominal fee, if the defendant has the ability to pay the nominal fee.
Upon a hearing and a finding by the court that the defendant does
not have the financial ability to pay the nominal fee, the court
shall waive this fee. The payment of the fee shall be made a
condition of probation if the court determines the defendant has the
present ability to pay the fee. The fee shall be paid during the term
of probation unless the program sets other conditions. The
acceptance policies shall be in accordance with the scaled fee
system.
(2) The court shall refer persons only to batterer's programs that
have been approved by the probation department pursuant to paragraph
(5). The probation department shall do both of the following:
(A) Provide for the issuance of a provisional approval, provided
that the applicant is in substantial compliance with applicable laws
and regulations and an urgent need for approval exists. A provisional
approval shall be considered an authorization to provide services
and shall not be considered a vested right.
(B) If the probation department determines that a program is not
in compliance with standards set by the department, the department
shall provide written notice of the noncompliant areas to the
program. The program shall submit a written plan of corrections
within 14 days from the date of the written notice on noncompliance.
A plan of correction shall include, but not be limited to, a
description of each corrective action and timeframe for
implementation. The department shall review and approve all or any
part of the plan of correction and notify the program of approval or
disapproval in writing. If the program fails to submit a plan of
correction or fails to implement the approved plan of correction, the
department shall consider whether to revoke or suspend approval and,
upon revoking or suspending approval, shall have the option to cease
referrals of defendants under this section.
(3) No program, regardless of its source of funding, shall be
approved unless it meets all of the following standards:
(A) The establishment of guidelines and criteria for education
services, including standards of services that may include lectures,
classes, and group discussions.
(B) Supervision of the defendant for the purpose of evaluating the
person's progress in the program.
(C) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.
(D) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(4) In making referrals of indigent defendants to approved
batterer's programs, the probation department shall apportion these
referrals evenly among the approved programs.
(5) The probation department shall have the sole authority to
approve a batterer's program for probation. The program shall be
required to obtain only one approval but shall renew that approval
annually.
(A) The procedure for the approval of a new or existing program
shall include all of the following:
(i) The completion of a written application containing necessary
and pertinent information describing the applicant program.
(ii) The demonstration by the program that it possesses adequate
administrative and operational capability to operate a batterer's
treatment program. The program shall provide documentation to prove
that the program has conducted batterer's programs for at least one
year prior to application. This requirement may be waived under
subparagraph (A) of paragraph (2) if there is no existing batterer's
program in the city, county, or city and county.
(iii) The onsite review of the program, including monitoring of a
session to determine that the program adheres to applicable statutes
and regulations.
(iv) The payment of the approval fee.
(B) The probation department shall fix a fee for approval not to
exceed two hundred fifty dollars ($250) and for approval renewal not
to exceed two hundred fifty dollars ($250) every year in an amount
sufficient to cover its costs in administering the approval process
under this section. No fee shall be charged for the approval of local
governmental entities.
(C) The probation department has the sole authority to approve the
issuance, denial, suspension, or revocation of approval and to cease
new enrollments or referrals to a batterer's program under this
section. The probation department shall review information relative
to a program's performance or failure to adhere to standards, or
both. The probation department may suspend or revoke any approval
issued under this subdivision or deny an application to renew an
approval or to modify the terms and conditions of approval, based on
grounds established by probation, including, but not limited to,
either of the following:
(i) Violation of this section by any person holding approval or by
a program employee in a program under this section.
(ii) Misrepresentation of any material fact in obtaining the
approval.
(6) For defendants who are chronic users or serious abusers of
drugs or alcohol, standard components in the program shall include
concurrent counseling for substance abuse and violent behavior, and
in appropriate cases, detoxification and abstinence from the abused
substance.
(7) The program shall conduct an exit conference that assesses the
defendant's progress during his or her participation in the batterer'
s program.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1203.097. (a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation shall include all of the following:
(1) A minimum period of probation of 36 months, which may include
a period of summary probation as appropriate.
(2) A criminal court protective order protecting the victim from
further acts of violence, threats, stalking, ***ual abuse, and
harassment, and, if appropriate, containing residence exclusion or
stay-away conditions.
(3) Notice to the victim of the disposition of the case.
(4) Booking the defendant within one week of sentencing if the
defendant has not already been booked.
(5) A minimum payment by the defendant of two hundred dollars
($200) to be disbursed as specified in this paragraph. If, after a
hearing in court on the record, the court finds that the defendant
does not have the ability to pay, the court may reduce or waive this
fee.
One-third of the moneys deposited with the county treasurer
pursuant to this section shall be retained by counties and deposited
in the domestic violence programs special fund created pursuant to
Section 18305 of the Welfare and Institutions Code, to be expended
for the purposes of Chapter 5 (commencing with Section 18290) of Part
6 of Division 9 of the Welfare and Institutions Code. The remainder
shall be transferred, once a month, to the Controller for deposit in
equal amounts in the Domestic Violence Restraining Order
Reimbursement Fund and in the Domestic Violence Training and
Education Fund, which are hereby created, in an amount equal to
two-thirds of funds collected during the preceding month. Moneys
deposited into these funds pursuant to this section shall be
available upon appropriation by the Legislature and shall be
distributed each fiscal year as follows:
(A) Funds from the Domestic Violence Restraining Order
Reimbursement Fund shall be distributed to local law enforcement or
other criminal justice agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(b) of Section 6380 of the Family Code, based on the annual
notification from the Department of Justice of the number of
restraining orders issued and registered in the state domestic
violence restraining order registry maintained by the Department of
Justice, for the development and maintenance of the domestic violence
restraining order databank system.
(B) Funds from the Domestic Violence Training and Education Fund
shall support a statewide training and education program to increase
public awareness of domestic violence and to improve the scope and
quality of services provided to the victims of domestic violence.
Grants to support this program shall be awarded on a competitive
basis and be administered by the State Department of Public Health,
in consultation with the statewide domestic violence coalition, which
is eligible to receive funding under this section.
(6) Successful completion of a batterer's program, as defined in
subdivision (c), or if none is available, another appropriate
counseling program designated by the court, for a period not less
than one year with periodic progress reports by the program to the
court every three months or less and weekly sessions of a minimum of
two hours class time duration. The defendant shall attend
consecutive weekly sessions, unless granted an excused absence for
good cause by the program for no more than three individual sessions
during the entire program, and shall complete the program within 18
months, unless, after a hearing, the court finds good cause to modify
the requirements of consecutive attendance or completion within 18
months.
(7) (A) (i) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon the ability to pay.
(ii) The terms of probation for offenders shall not be lifted
until all reasonable fees due to the counseling program have been
paid in full, but in no case shall probation be extended beyond the
term provided in subdivision (a) of Section 1203.1. If the court
finds that the defendant does not have the ability to pay the fees
based on the defendant's changed circumstances, the court may reduce
or waive the fees.
(B) Upon request by the batterer's program, the court shall
provide the defendant's arrest report, prior incidents of violence,
and treatment history to the program.
(8) The court also shall order the defendant to perform a
specified amount of appropriate community service, as designated by
the court. The defendant shall present the court with proof of
completion of community service and the court shall determine if the
community service has been satisfactorily completed. If sufficient
staff and resources are available, the community service shall be
performed under the jurisdiction of the local agency overseeing a
community service program.
(9) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative batterer's program.
(10) (A) Upon recommendation of the program, a court shall require
a defendant to participate in additional sessions throughout the
probationary period, unless it finds that it is not in the interests
of justice to do so, states its reasons on the record, and enters
them into the minutes. In deciding whether the defendant would
benefit from more sessions, the court shall consider whether any of
the following conditions exist:
(i) The defendant has been violence free for a minimum of six
months.
(ii) The defendant has cooperated and participated in the batterer'
s program.
(iii) The defendant demonstrates an understanding of and practices
positive conflict resolution skills.
(iv) The defendant blames, degrades, or has committed acts that
dehumanize the victim or puts at risk the victim's safety, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(v) The defendant demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(vi) The defendant has made threats to harm anyone in any manner.

(vii) The defendant has complied with applicable requirements
under paragraph (6) of subdivision (c) or subparagraph (C) to receive
alcohol counseling, drug counseling, or both.
(viii) The defendant demonstrates acceptance of responsibility for
the abusive behavior perpetrated against the victim.
(B) The program shall immediately report any violation of the
terms of the protective order, including any new acts of violence or
failure to comply with the program requirements, to the court, the
prosecutor, and, if formal probation has been ordered, to the
probation department. The probationer shall file proof of enrollment
in a batterer's program with the court within 30 days of conviction.

(C) Concurrent with other requirements under this section, in
addition to, and not in lieu of, the batterer's program, and unless
prohibited by the referring court, the probation department or the
court may make provisions for a defendant to use his or her resources
to enroll in a chemical dependency program or to enter voluntarily a
licensed chemical dependency recovery hospital or residential
treatment program that has a valid license issued by the state to
provide alcohol or drug services to receive program participation
credit, as determined by the court. The probation department shall
document evidence of this hospital or residential treatment
participation in the defendant's program file.
(11) The conditions of probation may include, in lieu of a fine,
but not in lieu of the fund payment required under paragraph (5), one
or more of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the defendant'
s offense.
For any order to pay a fine, to make payments to a battered women'
s shelter, or to pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the
defendant's ability to pay. Determination of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. In no event shall any order
to make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. When the injury to a married
person is caused, in whole or in part, by the criminal acts of his or
her spouse in violation of this section, the community property
shall not be used to discharge the liability of the offending spouse
for restitution to the injured spouse, as required by Section
1203.04, as operative on or before August 2, 1995, or Section 1202.4,
or to a shelter for costs with regard to the injured spouse, until
all separate property of the offending spouse is exhausted.
(12) If it appears to the prosecuting attorney, the court, or the
probation department that the defendant is performing
unsatisfactorily in the assigned program, is not benefiting from
counseling, or has engaged in criminal conduct, upon request of the
probation officer, the prosecuting attorney, or on its own motion,
the court, as a priority calendar item, shall hold a hearing to
determine whether further sentencing should proceed. The court may
consider factors, including, but not limited to, any violence by the
defendant against the former or a new victim while on probation and
noncompliance with any other specific condition of probation. If the
court finds that the defendant is not performing satisfactorily in
the assigned program, is not benefiting from the program, has not
complied with a condition of probation, or has engaged in criminal
conduct, the court shall terminate the defendant's participation in
the program and shall proceed with further sentencing.
(b) If a person is granted formal probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code, in
addition to the terms specified in subdivision (a), all of the
following shall apply:
(1) The probation department shall make an investigation and take
into consideration the defendant's age, medical history, employment
and service records, educational background, community and family
ties, prior incidents of violence, police report, treatment history,
if any, demonstrable motivation, and other mitigating factors in
determining which batterer's program would be appropriate for the
defendant. This information shall be provided to the batterer's
program if it is requested. The probation department shall also
determine which community programs the defendant would benefit from
and which of those programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court.
(2) The court shall advise the defendant that the failure to
report to the probation department for the initial investigation, as
directed by the court, or the failure to enroll in a specified
program, as directed by the court or the probation department, shall
result in possible further incarceration. The court, in the interests
of justice, may relieve the defendant from the prohibition set forth
in this subdivision based upon the defendant's mistake or excusable
neglect. Application for this relief shall be filed within 20 court
days of the missed deadline. This time limitation may not be
extended. A copy of any application for relief shall be served on the
office of the prosecuting attorney.
(3) After the court orders the defendant to a batterer's program,
the probation department shall conduct an initial assessment of the
defendant, including, but not limited to, all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Substance abuse history.
(G) Consultation with the probation officer.
(H) Verbal consultation with the victim, only if the victim
desires to participate.
(I) Assessment of the future probability of the defendant
committing murder.
(4) The probation department shall attempt to notify the victim
regarding the requirements for the defendant's participation in the
batterer's program, as well as regarding available victim resources.
The victim also shall be informed that attendance in any program does
not guarantee that an abuser will not be violent.
(c) The court or the probation department shall refer defendants
only to batterer's programs that follow standards outlined in
paragraph (1), which may include, but are not limited to, lectures,
classes, group discussions, and counseling. The probation department
shall design and implement an approval and renewal process for
batterer's programs and shall solicit input from criminal justice
agencies and domestic violence victim advocacy programs.
(1) The goal of a batterer's program under this section shall be
to stop domestic violence. A batterer's program shall consist of the
following components:
(A) Strategies to hold the defendant accountable for the violence
in a relationship, including, but not limited to, providing the
defendant with a written statement that the defendant shall be held
accountable for acts or threats of domestic violence.
(B) A requirement that the defendant participate in ongoing
same-gender group sessions.
(C) An initial intake that provides written definitions to the
defendant of physical, emotional, ***ual, economic, and verbal abuse,
and the techniques for stopping these types of abuse.
(D) Procedures to inform the victim regarding the requirements for
the defendant's participation in the intervention program as well as
regarding available victim resources. The victim also shall be
informed that attendance in any program does not guarantee that an
abuser will not be violent.
(E) A requirement that the defendant attend group sessions free of
chemical influence.
(F) Educational programming that examines, at a minimum, gender
roles, socialization, the nature of violence, the dynamics of power
and control, and the effects of abuse on children and others.
(G) A requirement that excludes any couple counseling or family
counseling, or both.
(H) Procedures that give the program the right to assess whether
or not the defendant would benefit from the program and to refuse to
enroll the defendant if it is determined that the defendant would not
benefit from the program, so long as the refusal is not because of
the defendant's inability to pay. If possible, the program shall
suggest an appropriate alternative program.
(I) Program staff who, to the extent possible, have specific
knowledge regarding, but not limited to, spousal abuse, child abuse,
***ual abuse, substance abuse, the dynamics of violence and abuse,
the law, and procedures of the legal system.
(J) Program staff who are encouraged to utilize the expertise,
training, and assistance of local domestic violence centers.
(K) A requirement that the defendant enter into a written
agreement with the program, which shall include an outline of the
contents of the program, the attendance requirements, the requirement
to attend group sessions free of chemical influence, and a statement
that the defendant may be removed from the program if it is
determined that the defendant is not benefiting from the program or
is disruptive to the program.
(L) A requirement that the defendant sign a confidentiality
statement prohibiting disclosure of any information obtained through
participating in the program or during group sessions regarding other
participants in the program.
(M) Program content that provides cultural and ethnic sensitivity.

(N) A requirement of a written referral from the court or
probation department prior to permitting the defendant to enroll in
the program. The written referral shall state the number of minimum
sessions required by the court.
(O) Procedures for submitting to the probation department all of
the following uniform written responses:
(i) Proof of enrollment, to be submitted to the court and the
probation department and to include the fee determined to be charged
to the defendant, based upon the ability to pay, for each session.
(ii) Periodic progress reports that include attendance, fee
payment history, and program compliance.
(iii) Final evaluation that includes the program's evaluation of
the defendant's progress, using the criteria set forth in paragraph
(4) of subdivision (a) and recommendation for either successful or
unsuccessful termination or continuation in the program.
(P) A sliding fee schedule based on the defendant's ability to
pay. The batterer's program shall develop and utilize a sliding fee
scale that recognizes both the defendant's ability to pay and the
necessity of programs to meet overhead expenses. An indigent
defendant may negotiate a deferred payment schedule, but shall pay a
nominal fee, if the defendant has the ability to pay the nominal fee.
Upon a hearing and a finding by the court that the defendant does
not have the financial ability to pay the nominal fee, the court
shall waive this fee. The payment of the fee shall be made a
condition of probation if the court determines the defendant has the
present ability to pay the fee. The fee shall be paid during the term
of probation unless the program sets other conditions. The
acceptance policies shall be in accordance with the scaled fee
system.
(2) The court shall refer persons only to batterer's programs that
have been approved by the probation department pursuant to paragraph
(5). The probation department shall do both of the following:
(A) Provide for the issuance of a provisional approval, provided
that the applicant is in substantial compliance with applicable laws
and regulations and an urgent need for approval exists. A provisional
approval shall be considered an authorization to provide services
and shall not be considered a vested right.
(B) If the probation department determines that a program is not
in compliance with standards set by the department, the department
shall provide written notice of the noncompliant areas to the
program. The program shall submit a written plan of corrections
within 14 days from the date of the written notice on noncompliance.
A plan of correction shall include, but not be limited to, a
description of each corrective action and timeframe for
implementation. The department shall review and approve all or any
part of the plan of correction and notify the program of approval or
disapproval in writing. If the program fails to submit a plan of
correction or fails to implement the approved plan of correction, the
department shall consider whether to revoke or suspend approval and,
upon revoking or suspending approval, shall have the option to cease
referrals of defendants under this section.
(3) No program, regardless of its source of funding, shall be
approved unless it meets all of the following standards:
(A) The establishment of guidelines and criteria for education
services, including standards of services that may include lectures,
classes, and group discussions.
(B) Supervision of the defendant for the purpose of evaluating the
person's progress in the program.
(C) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.
(D) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(4) In making referrals of indigent defendants to approved
batterer's programs, the probation department shall apportion these
referrals evenly among the approved programs.
(5) The probation department shall have the sole authority to
approve a batterer's program for probation. The program shall be
required to obtain only one approval but shall renew that approval
annually.
(A) The procedure for the approval of a new or existing program
shall include all of the following:
(i) The completion of a written application containing necessary
and pertinent information describing the applicant program.
(ii) The demonstration by the program that it possesses adequate
administrative and operational capability to operate a batterer's
treatment program. The program shall provide documentation to prove
that the program has conducted batterer's programs for at least one
year prior to application. This requirement may be waived under
subparagraph (A) of paragraph (2) if there is no existing batterer's
program in the city, county, or city and county.
(iii) The onsite review of the program, including monitoring of a
session to determine that the program adheres to applicable statutes
and regulations.
(iv) The payment of the approval fee.
(B) The probation department shall fix a fee for approval not to
exceed two hundred fifty dollars ($250) and for approval renewal not
to exceed two hundred fifty dollars ($250) every year in an amount
sufficient to cover its costs in administering the approval process
under this section. No fee shall be charged for the approval of local
governmental entities.
(C) The probation department has the sole authority to approve the
issuance, denial, suspension, or revocation of approval and to cease
new enrollments or referrals to a batterer's program under this
section. The probation department shall review information relative
to a program's performance or failure to adhere to standards, or
both. The probation department may suspend or revoke any approval
issued under this subdivision or deny an application to renew an
approval or to modify the terms and conditions of approval, based on
grounds established by probation, including, but not limited to,
either of the following:
(i) Violation of this section by any person holding approval or by
a program employee in a program under this section.
(ii) Misrepresentation of any material fact in obtaining the
approval.
(6) For defendants who are chronic users or serious abusers of
drugs or alcohol, standard components in the program shall include
concurrent counseling for substance abuse and violent behavior, and
in appropriate cases, detoxification and abstinence from the abused
substance.
(7) The program shall conduct an exit conference that assesses the
defendant's progress during his or her participation in the batterer'
s program.
(d) This section shall become operative on January 1, 2010.



1203.098. (a) Unless otherwise provided, a person who works as a
facilitator in a batterers' intervention program that provides
programs for batterers pursuant to subdivision (c) of Section
1203.097 shall complete the following requirements before being
eligible to work as a facilitator in a batterers' intervention
program:
(1) Forty hours of core-basic training. A minimum of eight hours
of this instruction shall be provided by a shelter-based or
shelter-approved trainer. The core curriculum shall include the
following components:
(A) A minimum of eight hours in basic domestic violence knowledge
focusing on victim safety and the role of domestic violence shelters
in a community-coordinated response.
(B) A minimum of eight hours in multicultural, cross cultural, and
multiethnic diversity and domestic violence.
(C) A minimum of four hours in substance abuse and domestic
violence.
(D) A minimum of four hours in intake and assessment, including
the history of violence and the nature of threats and substance
abuse.
(E) A minimum of eight hours in group content areas focusing on
gender roles and socialization, the nature of violence, the dynamics
of power and control, and the affects of abuse on children and others
as required by Section 1203.097.
(F) A minimum of four hours in group facilitation.
(G) A minimum of four hours in domestic violence and the law,
ethics, all requirements specified by the probation department
pursuant to Section 1203.097, and the role of batterers' intervention
programs in a coordinated-community response.
(H) Any person that provides documentation of coursework, or
equivalent training, that he or she has satisfactorily completed,
shall be exempt from that part of the training that was covered by
the satisfactorily completed coursework.
(I) The coursework that this person performs shall count towards
the continuing education requirement.
(2) Fifty-two weeks or no less than 104 hours in six months, as a
trainee in an approved batterers' intervention program with a minimum
of a two-hour group each week. A training program shall include at
least one of the following:
(A) Cofacilitation internship in which an experienced facilitator
is present in the room during the group session.
(B) Observation by a trainer of the trainee conducting a group
session via a one-way mirror.
(C) Observation by a trainer of the trainee conducting a group
session via a video or audio tape.
(D) Consultation and or supervision twice a week in a six-month
program or once a week in a 52-week program.
(3) An experienced facilitator is one who has the following
qualifications:
(A) Documentation on file, approved by the agency, evidencing that
the experienced facilitator has the skills needed to provide quality
supervision and training.
(B) Documented experience working with batterers for three years,
and a minimum of two years working with batterer's groups.
(C) Documentation by January 1, 2003, of coursework or equivalent
training that demonstrates satisfactory completion of the 40-hour
basic-core training.
(b) A facilitator of a batterers' intervention program shall
complete, as a minimum continuing education requirement, 16 hours
annually of continuing education in either domestic violence or a
related field with a minimum of 8 hours in domestic violence.
(c) A person or agency with a specific hardship may request the
probation department, in writing, for an extension of time to
complete the training or to complete alternative training options.
(d) (1) An experienced facilitator, as defined in paragraph (3) of
subdivision (a), is not subject to the supervision requirements of
this section, if they meet the requirements of subparagraph (C) of
paragraph (3) of subdivision (a).
(2) This section does not apply to a person who provides batterers'
treatment through a jail education program if the person in charge
of that program determines that such person has adequate education or
training in domestic violence or a related field.
(e) A person who satisfactorily completes the training
requirements of a county probation department whose training program
is equivalent to or exceeds the training requirements of this act
shall be exempt from the training requirements of this act.



1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the
court has ordered the defendant to pay restitution to multiple
victims and where the administrative cost of disbursing restitution
payments to multiple victims involves a significant cost, any
restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost-effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) (1) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(2) Upon conviction of any *** offense subjecting the defendant to
the registration requirements of Section 290, the court may order as
a condition of probation, at the request of the victim or in the
court's discretion, that the defendant stay away from the victim and
the victim's residence or place of employment, and that the defendant
have no contact with the victim in person, by telephone or
electronic means, or by mail.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit of the
county.


1203.1a. The probation officer of the county may authorize the
temporary removal under custody or temporary release without custody
of any inmate of the county jail, honor farm, or other detention
facility, who is confined or committed as a condition of probation,
after suspension of imposition of sentence or suspension of execution
of sentence, for purposes preparatory to his return to the
community, within 30 days prior to his release date, if he concludes
that such an inmate is a fit subject therefor. Any such temporary
removal shall not be for a period of more than three days. When an
inmate is released for purposes preparatory to his return to the
community, the probation officer may require the inmate to reimburse
the county, in whole or in part, for expenses incurred by the county
in connection therewith.



1203.1ab. Upon conviction of any offense involving the unlawful
possession, use, sale, or other furnishing of any controlled
substance, as defined in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code, in addition to any or all
of the terms of imprisonment, fine, and other reasonable conditions
specified in or permitted by Section 1203.1, unless it makes a
finding that this condition would not serve the interests of justice,
the court, when recommended by the probation officer, shall require
as a condition of probation that the defendant shall not use or be
under the influence of any controlled substance and shall submit to
drug and substance abuse testing as directed by the probation
officer. If the defendant is required to submit to testing and has
the financial ability to pay all or part of the costs associated with
that testing, the court shall order the defendant to pay a
reasonable fee, which shall not exceed the actual cost of the
testing.



1203.1b. (a) In any case in which a defendant is convicted of an
offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is granted
probation or given a conditional sentence, the probation officer, or
his or her authorized representative, taking into account any amount
that the defendant is ordered to pay in fines, assessments, and
restitution, shall make a determination of the ability of the
defendant to pay all or a portion of the reasonable cost of any
probation supervision or a conditional sentence, of conducting any
preplea investigation and preparing any preplea report pursuant to
Section 1203.7, of conducting any presentence investigation and
preparing any presentence report made pursuant to Section 1203, and
of processing a jurisdictional transfer pursuant to Section 1203.9 or
of processing a request for interstate compact supervision pursuant
to Sections 11175 to 11179, inclusive, whichever applies. The
reasonable cost of these services and of probation supervision or a
conditional sentence shall not exceed the amount determined to be the
actual average cost thereof. A payment schedule for the
reimbursement of the costs of preplea or presentence investigations
based on income shall be developed by the probation department of
each county and approved by the presiding judge of the superior
court. The court shall order the defendant to appear before the
probation officer, or his or her authorized representative, to make
an inquiry into the ability of the defendant to pay all or a portion
of these costs. The probation officer, or his or her authorized
representative, shall determine the amount of payment and the manner
in which the payments shall be made to the county, based upon the
defendant's ability to pay. The probation officer shall inform the
defendant that the defendant is entitled to a hearing, that includes
the right to counsel, in which the court shall make a determination
of the defendant's ability to pay and the payment amount. The
defendant must waive the right to a determination by the court of his
or her ability to pay and the payment amount by a knowing and
intelligent waiver.
(b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer the
matter to the court for the scheduling of a hearing to determine the
amount of payment and the manner in which the payments shall be
made. The court shall order the defendant to pay the reasonable
costs if it determines that the defendant has the ability to pay
those costs based on the report of the probation officer, or his or
her authorized representative. The following shall apply to a
hearing conducted pursuant to this subdivision:
(1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront and
cross-examine adverse witnesses, and to disclosure of the evidence
against the defendant, and a written statement of the findings of the
court or the probation officer, or his or her authorized
representative.
(2) At the hearing, if the court determines that the defendant has
the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum to
the county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.
(3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
the amount of any fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
(4) When the court determines that the defendant's ability to pay
is different from the determination of the probation officer, the
court shall state on the record the reason for its order.
(c) The court may hold additional hearings during the probationary
or conditional sentence period to review the defendant's financial
ability to pay the amount, and in the manner, as set by the probation
officer, or his or her authorized representative, or as set by the
court pursuant to this section.
(d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
(e) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include, but
shall not be limited to, the defendant's:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors that may bear upon the defendant's
financial capability to reimburse the county for the costs.
(f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the probation officer for a
review of the defendant's financial ability to pay or the rendering
court to modify or vacate its previous judgment on the grounds of a
change of circumstances with regard to the defendant's ability to pay
the judgment. The probation officer and the court shall advise the
defendant of this right at the time of rendering of the terms of
probation or the judgment.
(g) All sums paid by a defendant pursuant to this section shall be
allocated for the operating expenses of the county probation
department.
(h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed fifty dollars ($50).
(i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.




1203.1bb. (a) The reasonable cost of probation determined under
subdivision (a) of Section 1203.1b shall include the cost of
purchasing and installing an ignition interlock device pursuant to
Section 13386 of the Vehicle Code. Any defendant subject to this
section shall pay the manufacturer of the ignition interlock device
directly for the cost of its purchase and installation, in accordance
with the payment schedule ordered by the court. If practicable, the
court shall order payment to be made to the manufacturer of the
ignition interlock device within a six-month period.
(b) This section does not require any county to pay the costs of
purchasing and installing any ignition interlock devices ordered
pursuant to Section 13386 of the Vehicle Code. The Office of Traffic
Safety shall consult with the presiding judge or his or her designee
in each county to determine an appropriate means, if any, to provide
for installation of ignition interlock devices in cases in which the
defendant has no ability to pay.


1203.1c. (a) In any case in which a defendant is convicted of an
offense and is ordered to serve a period of confinement in a county
jail, city jail, or other local detention facility as a term of
probation or a conditional sentence, the court may, after a hearing,
make a determination of the ability of the defendant to pay all or a
portion of the reasonable costs of such incarceration, including
incarceration pending disposition of the case. The reasonable cost
of such incarceration shall not exceed the amount determined by the
board of supervisors, with respect to the county jail, and by the
city council, with respect to the city jail, to be the actual average
cost thereof on a per-day basis. The court may, in its discretion,
hold additional hearings during the probationary period. The court
may, in its discretion before such hearing, order the defendant to
file a statement setting forth his or her assets, liability and
income, under penalty of perjury, and may order the defendant to
appear before a county officer designated by the board of supervisors
to make an inquiry into the ability of the defendant to pay all or a
portion of such costs. At the hearing, the defendant shall be
entitled to have the opportunity to be heard in person or to be
represented by counsel, to present witnesses and other evidence, and
to confront and cross-examine adverse witnesses. A defendant
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to such representation at any hearing
held pursuant to this section. If the court determines that the
defendant has the ability to pay all or a part of the costs, the
court may set the amount to be reimbursed and order the defendant to
pay that sum to the county, or to the city with respect to
incarceration in the city jail, in the manner in which the court
believes reasonable and compatible with the defendant's financial
ability. Execution may be issued on the order in the same manner as
on a judgment in a civil action. The order to pay all or part of the
costs shall not be enforced by contempt.
If practicable, the court shall order payments to be made on a
monthly basis and the payments shall be made payable to the county
officer designated by the board of supervisors, or to a city officer
designated by the city council with respect to incarceration in the
city jail.
A payment schedule for reimbursement of the costs of incarceration
pursuant to this section based upon income shall be developed by the
county officer designated by the board of supervisors, or by the
city council with respect to incarceration in the city jail, and
approved by the presiding judge of the superior court in the county.

(b) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of incarceration
and includes, but is not limited to, the defendant's:
(1) Present financial obligations, including family support
obligations, and fines, penalties and other obligations to the court.

(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonable
discernible future position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors which may bear upon the defendant'
s financial ability to reimburse the county or city for the costs.
(c) All sums paid by a defendant pursuant to this section shall be
deposited in the general fund of the county or city.
(d) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors, and shall
be operative in a city upon the adoption of an ordinance to that
effect by the city council. Such ordinance shall include a
designation of the officer responsible for collection of moneys
ordered pursuant to this section and shall include a determination,
to be reviewed annually, of the average per-day costs of
incarceration in the county jail, city jail, or other local detention
facility.


1203.1d. (a) In determining the amount and manner of disbursement
under an order made pursuant to this code requiring a defendant to
make reparation or restitution to a victim of a crime, to pay any
money as reimbursement for legal assistance provided by the court, to
pay any cost of probation or probation investigation, to pay any
cost of jail or other confinement, or to pay any other reimbursable
costs, the court, after determining the amount of any fine and
penalty assessments, and a county financial evaluation officer when
making a financial evaluation, shall first determine the amount of
restitution to be ordered paid to any victim, and shall then
determine the amount of the other reimbursable costs.
If payment is made in full, the payment shall be apportioned and
disbursed in the amounts ordered by the court.
If reasonable and compatible with the defendant's financial
ability, the court may order payments to be made in installments.
(b) With respect to installment payments and amounts collected by
the Franchise Tax Board pursuant to Section 19280 of the Revenue and
Taxation Code and subsequently transferred by the Controller pursuant
to Section 19282 of the Revenue and Taxation Code, the board of
supervisors shall provide that disbursements be made in the following
order of priority:
(1) Restitution ordered to, or on behalf of, the victim pursuant
to subdivision (f) of Section 1202.4.
(2) The state surcharge ordered pursuant to Section 1465.7.
(3) Any fines, penalty assessments, and restitution fines ordered
pursuant to subdivision (b) of Section 1202.4. Payment of each of
these items shall be made on a proportional basis to the total amount
levied for all of these items.
(4) Any other reimburseable costs.
(c) The board of supervisors shall apply these priorities of
disbursement to orders or parts of orders in cases where defendants
have been ordered to pay more than one court order.
(d) Documentary evidence, such as bills, receipts, repair
estimates, insurance payment statements, payroll stubs, business
records, and similar documents relevant to the value of the stolen or
damaged property, medical expenses, and wages and profits lost shall
not be excluded as hearsay evidence.



1203.1e. (a) In any case in which a defendant is ordered to serve a
period of confinement in a county jail or other local detention
facility, and the defendant is eligible to be released on parole by
the county board of parole commissioners, the court shall, after a
hearing, make a determination of the ability of the person to pay all
or a portion of the reasonable cost of providing parole supervision.
The reasonable cost of those services shall not exceed the amount
determined to be the actual average cost of providing parole
supervision.
(b) If the court determines that the person has the ability to pay
all or part of the costs, the court may set the amount to be
reimbursed and order the person to pay that sum to the county in the
manner in which the court believes reasonable and compatible with the
person's financial ability. In making a determination of whether a
person has the ability to pay, the court shall take into account the
amount of any fine imposed upon the person and any amount the person
has been ordered to pay in restitution.
If practicable, the court shall order payments to be made on a
monthly basis as directed by the court. Execution may be issued on
the order in the same manner as a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
(c) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing parole supervision 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. In no event
shall the board consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of the hearing.
(4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the county for the costs.
(d) At any time during the pendency of the order made under this
section, a person against whom an order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
(e) All sums paid by any person pursuant to this section shall be
deposited in the general fund of the county.
(f) The parole of any person shall not be denied or revoked in
whole or in part based upon the inability or failure to pay under
this section.
(g) The county board of parole commissioners shall not have access
to offender financial data prior to the rendering of any parole
decision.
(h) This section shall become operative on January 1, 1995.



1203.1f. If practicable, the court shall consolidate the ability to
pay determination hearings authorized by this code into one
proceeding, and the determination of ability to pay made at the
consolidated hearing may be used for all purposes.




1203.1g. In any case in which a defendant is convicted of ***ual
assault on a minor, and the defendant is eligible for probation, the
court, as a condition of probation, shall order him or her to make
restitution for the costs of medical or psychological treatment
incurred by the victim as a result of the assault and that he or she
seek and maintain employment and apply that portion of his or her
earnings specified by the court toward those costs.
As used in this section, "***ual assault" has the meaning
specified in subdivisions (a) and (b) of Section 11165.1. The
defendant is entitled to a hearing concerning any modification of the
amount of restitution based on the costs of medical and
psychological treatment incurred by the victim subsequent to the
issuance of the order of probation.



1203.1h. (a) In addition to any other costs which a court is
authorized to require a defendant to pay, upon conviction of any
offense involving child abuse or neglect, the court may require that
the defendant pay to a law enforcement agency incurring the cost, the
cost of any medical examinations conducted on the victim in order to
determine the nature or extent of the abuse or neglect. If the
court determines that the defendant has the ability to pay all or
part of the medical examination costs, the court may set the amount
to be reimbursed and order the defendant to pay that sum to the law
enforcement agency in the manner in which the court believes
reasonable and compatible with the defendant's financial ability. In
making a determination of whether a defendant has the ability to
pay, the court shall take into account the amount of any fine imposed
upon the defendant and any amount the defendant has been ordered to
pay in restitution.
(b) In addition to any other costs which a court is authorized to
require a defendant to pay, upon conviction of any offense involving
***ual assault or attempted ***ual assault, including child
molestation, the court may require that the defendant pay, to the law
enforcement agency, county, or local governmental agency incurring
the cost, the cost of any medical examinations conducted on the
victim for the collection and preservation of evidence. If the court
determines that the defendant has the ability to pay all or part of
the cost of the medical examination, the court may set the amount to
be reimbursed and order the defendant to pay that sum to the law
enforcement agency, county, or local governmental agency, in the
manner in which the court believes reasonable and compatible with the
defendant's financial ability. In making the determination of
whether a defendant has the ability to pay, the court shall take into
account the amount of any fine imposed upon the defendant and any
amount the defendant has been ordered to pay in restitution. In no
event shall a court penalize an indigent defendant by imposing an
additional period of imprisonment in lieu of payment.



1203.1i. (a) In any case in which a defendant is convicted of a
violation of any building standards adopted by a local entity by
ordinance or resolution, including, but not limited to, local health,
fire, building, or safety ordinances or resolutions, or any other
ordinance or resolution relating to the health and safety of
occupants of buildings, by maintaining a substandard building, as
specified in Section 17920.3 of the Health and Safety Code, the
court, or judge thereof, in making an order granting probation, in
addition to any other orders, may order the defendant placed under
house confinement, or may order the defendant to serve both a term of
imprisonment in the county jail and to be placed under house
confinement.
This section only applies to violations involving a dwelling unit
occupied by persons specified in subdivision (a) of Section 1940 of
the Civil Code who are not excluded by subdivision (b) of that
section.
(b) If the court orders a defendant to serve all or part of his or
her sentence under house confinement, pursuant to subdivision (a),
he or she may also be ordered to pay the cost of having a police
officer or guard stand guard outside the area in which the defendant
has been confined under house confinement if it has been determined
that the defendant is able to pay these costs.
(c) As used in this section, "house confinement" means confinement
to a residence or location designated by the court and specified in
the probation order.


1203.1j. In any case in which the defendant is convicted of
assault, battery, or assault with a deadly weapon on a victim 65
years of age or older, and the defendant knew or reasonably should
have known the elderly status of the victim, the court, as a
condition of probation, shall order the defendant to make
restitution for the costs of medical or psychological treatment
incurred by the victim as a result of the crime, and that the
defendant seek and maintain legitimate employment and apply that
portion of his or her earnings specified by the court toward those
costs.
The defendant shall be entitled to a hearing, concerning any
modification of the amount of restitution, based on the costs of
medical and psychological treatment incurred by the victim subsequent
to the issuance of the order of probation.



1203.1k. For any order of restitution made under Section 1203.1,
the court may order the specific amount of restitution and the manner
in which restitution shall be made to a victim or the Restitution
Fund, to the extent that the victim has received payment from the
Victims of Crime Program, based on the probation officer's report or
it may, with the consent of the defendant, order the probation
officer to set the amount of restitution and the manner in which
restitution shall be made to a victim or the Restitution Fund, to the
extent that the victim has received payment from the Victims of
Crime Program. The defendant shall have the right to a hearing
before the judge to dispute the determinations made by the probation
officer in regard to the amount or manner in which restitution is to
be made to the victim or the Restitution Fund, to the extent that the
victim has received payment from the Victims of Crime Program. If
the court orders restitution to be made to the Restitution Fund, the
court, and not the probation officer, shall determine the amount and
the manner in which restitution is to be made to the Restitution
Fund.



1203.1l. In any case in which, pursuant to Section 1203.1, the
court orders the defendant, as a condition of probation, to make
restitution to a public agency for the costs of an emergency
response, all of the following shall apply:
(a) The probation department shall obtain the actual costs for an
emergency response from a public agency, and shall include the public
agency's documents supporting the actual costs for the emergency
response in the probation department's sentencing report to the
court.
(b) At the sentencing hearing, the defendant has the right to
confront witnesses and present evidence in opposition to the amount
claimed to be due to the public agency for its actual costs for the
emergency response.
(c) The collection of the emergency response costs is the
responsibility of the public agency seeking the reimbursement. If a
defendant fails to make restitution payment when a payment is due,
the public agency shall by verified declaration notify the probation
department of the delinquency. The probation department shall make
an investigation of the delinquency and shall make a report to the
court of the delinquency. The report shall contain any
recommendation that the probation officer finds to be relevant
regarding the delinquency and future payments. The court, after a
hearing on the delinquency, may make modifications to the existing
order in the furtherance of justice.
(d) The defendant has the right to petition the court for a
modification of the emergency response reimbursement order whenever
he or she has sustained a substantial change in economic
circumstances. The defendant has a right to a hearing on the
proposed modification, and the court may make any modification to the
existing order in the furtherance of justice.



1203.1m. (a) If a defendant is convicted of an offense and ordered
to serve a period of imprisonment in the state prison, the court may,
after a hearing, make a determination of the ability of the
defendant to pay all or a portion of the reasonable costs of the
imprisonment. The reasonable costs of imprisonment shall not exceed
the amount determined by the Director of Corrections to be the actual
average cost of imprisonment in the state prison on a per-day basis.

(b) The court may, in its discretion before any hearing, order the
defendant to file a statement setting forth his or her assets,
liability, and income, under penalty of perjury. At the hearing, the
defendant shall have the opportunity to be heard in person or
through counsel, to present witnesses and other evidence, and to
confront and cross-examine adverse witnesses. A defendant who is
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to representation at any hearing held
pursuant to this section. If the court determines that the defendant
has the ability to pay all or a part of the costs, the court shall
set the amount to be reimbursed and order the defendant to pay that
sum to the Department of Corrections for deposit in the General Fund
in the manner in which the court believes reasonable and compatible
with the defendant's financial ability. Execution may be issued on
the order in the same manner as on a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
(c) At any time during the pendency of an order made under this
section, a person against whom the order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
(d) If the amount paid by the defendant for imprisonment exceeds
the actual average cost of the term of imprisonment actually served
by the defendant, the amount paid by the defendant in excess of the
actual average cost shall be returned to the defendant within 60 days
of his or her release from the state prison.
(e) For the purposes of this section, in determining a defendant's
ability to pay, the court shall consider the overall ability of the
defendant to reimburse all or a portion of the costs of imprisonment
in light of the defendant's present and foreseeable financial
obligations, including family support obligations, restitution to the
victim, and fines, penalties, and other obligations to the court,
all of which shall take precedence over a reimbursement order made
pursuant to this section.
(f) For the purposes of this section, in determining a defendant's
ability to pay, the court shall not consider the following:
(1) The personal residence of the defendant, if any, up to a
maximum amount of the median home sales price in the county in which
the residence is located.
(2) The personal motor vehicle of the defendant, if any, up to a
maximum amount of ten thousand dollars ($10,000).
(3) Any other assets of the defendant up to a maximum amount of
the median annual income in California.



1203.2. (a) At any time during the probationary period of a person
released on probation under the care of a probation officer pursuant
to this chapter, or of a person released on conditional sentence or
summary probation not under the care of a probation officer, if any
probation officer or peace officer has probable cause to believe that
the probationer is violating any term or condition of his or her
probation or conditional sentence, the officer may, without warrant
or other process and at any time until the final disposition of the
case, rearrest the person and bring him or her before the court or
the court may, in its discretion, issue a warrant for his or her
rearrest. Upon such rearrest, or upon the issuance of a warrant for
rearrest the court may revoke and terminate such probation if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation officer or
otherwise that the person has violated any of the conditions of his
or her probation, has become abandoned to improper associates or a
vicious life, or has subsequently committed other offenses,
regardless whether he or she has been prosecuted for such offenses.
However, probation shall not be revoked for failure of a person to
make restitution pursuant to Section 1203.04 as a condition of
probation unless the court determines that the defendant has
willfully failed to pay and has the ability to pay. Restitution
shall be consistent with a person's ability to pay. The revocation,
summary or otherwise, shall serve to toll the running of the
probationary period.
(b) Upon its own motion or upon the petition of the probationer,
probation officer or the district attorney of the county in which the
probationer is supervised, the court may modify, revoke, or
terminate the probation of the probationer pursuant to this
subdivision. The court shall give notice of its motion, and the
probation officer or the district attorney shall give notice of his
or her petition to the probationer, his or her attorney of record,
and the district attorney or the probation officer, as the case may
be. The probationer shall give notice of his or her petition to the
probation officer and notice of any motion or petition shall be given
to the district attorney in all cases. The court shall refer its
motion or the petition to the probation officer. After the receipt
of a written report from the probation officer, the court shall read
and consider the report and either its motion or the petition and
may modify, revoke, or terminate the probation of the probationer
upon the grounds set forth in subdivision (a) if the interests of
justice so require.
The notice required by this subdivision may be given to the
probationer upon his or her first court appearance in the proceeding.
Upon the agreement by the probationer in writing to the specific
terms of a modification or termination of a specific term of
probation, any requirement that the probationer make a personal
appearance in court for the purpose of a modification or termination
shall be waived. Prior to the modification or termination and waiver
of appearance, the probationer shall be informed of his or her right
to consult with counsel, and if indigent the right to secure court
appointed counsel. If the probationer waives his or her right to
counsel a written waiver shall be required. If probationer consults
with counsel and thereafter agrees to a modification or termination
of the term of probation and waiver of personal appearance, the
agreement shall be signed by counsel showing approval for the
modification or termination and waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of the Youth Authority
if he or she is otherwise eligible for such commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If
probation has been revoked after the judgment has been pronounced,
the judgment and the order which revoked the probation may be set
aside for good cause within 30 days after the court has notice that
the execution of the sentence has commenced. If an order setting
aside the judgment, the revocation of probation, or both is made
after the expiration of the probationary period, the court may again
place the person on probation for that period and with those terms
and conditions as it could have done immediately following
conviction.


1203.2a. If any defendant who has been released on probation is
committed to a prison in this state or another state for another
offense, the court which released him or her on probation shall have
jurisdiction to impose sentence, if no sentence has previously been
imposed for the offense for which he or she was granted probation, in
the absence of the defendant, on the request of the defendant made
through his or her counsel, or by himself or herself in writing, if
such writing is signed in the presence of the warden of the prison in
which he or she is confined or the duly authorized representative of
the warden, and the warden or his or her representative attests both
that the defendant has made and signed such request and that he or
she states that he or she wishes the court to impose sentence in the
case in which he or she was released on probation, in his or her
absence and without him or her being represented by counsel.
The probation officer may, upon learning of the defendant's
imprisonment, and must within 30 days after being notified in writing
by the defendant or his or her counsel, or the warden or duly
authorized representative of the prison in which the defendant is
confined, report such commitment to the court which released him or
her on probation.
Upon being informed by the probation officer of the defendant's
confinement, or upon receipt from the warden or duly authorized
representative of any prison in this state or another state of a
certificate showing that the defendant is confined in prison, the
court shall issue its commitment if sentence has previously been
imposed. If sentence has not been previously imposed and if the
defendant has requested the court through counsel or in writing in
the manner herein provided to impose sentence in the case in which he
or she was released on probation in his or her absence and without
the presence of counsel to represent him or her, the court shall
impose sentence and issue its commitment, or shall make other final
order terminating its jurisdiction over the defendant in the case in
which the order of probation was made. If the case is one in which
sentence has previously been imposed, the court shall be deprived of
jurisdiction over defendant if it does not issue its commitment or
make other final order terminating its jurisdiction over defendant in
the case within 60 days after being notified of the confinement. If
the case is one in which sentence has not previously been imposed,
the court is deprived of jurisdiction over defendant if it does not
impose sentence and issue its commitment or make other final order
terminating its jurisdiction over defendant in the case within 30
days after defendant has, in the manner prescribed by this section,
requested imposition of sentence.
Upon imposition of sentence hereunder the commitment shall be
dated as of the date upon which probation was granted. If the
defendant is then in a state prison for an offense committed
subsequent to the one upon which he or she has been on probation, the
term of imprisonment of such defendant under a commitment issued
hereunder shall commence upon the date upon which defendant was
delivered to prison under commitment for his or her subsequent
offense. Any terms ordered to be served consecutively shall be
served as otherwise provided by law.
In the event the probation officer fails to report such commitment
to the court or the court fails to impose sentence as herein
provided, the court shall be deprived thereafter of all jurisdiction
it may have retained in the granting of probation in said case.




1203.3. (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, change, or terminate probation is subject to the
following:
(1) Before any sentence or term or condition of probation is
modified, a hearing shall be held in open court before the judge.
The prosecuting attorney shall be given a two-day written notice and
an opportunity to be heard on the matter, except that, as to
modifying or terminating a protective order in a case involving
domestic violence, as defined in Section 6211 of the Family Code, the
prosecuting attorney shall be given a five-day written notice and an
opportunity to be heard.
(A) If the sentence or term or condition of probation is modified
pursuant to this section, the judge shall state the reasons for that
modification on the record.
(B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all cases, if the court has not seen fit to revoke the
order of probation and impose sentence or pronounce judgment, the
defendant shall at the end of the term of probation or any extension
thereof, be by the court discharged subject to the provisions of
these sections.
(4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a protective order that is a
condition of probation in a case involving domestic violence, as
defined in Section 6211 of the Family Code. In determining whether
to limit or terminate the protective order, the court shall consider
if there has been any material change in circumstances since the
crime for which the order was issued, and any issue that relates to
whether there exists good cause for the change, including, but not
limited to, consideration of all of the following:
(A) Whether the probationer has accepted responsibility for the
abusive behavior perpetrated against the victim.
(B) Whether the probationer is currently attending and actively
participating in counseling sessions.
(C) Whether the probationer has completed parenting counseling, or
attended alcoholics or narcotics counseling.
(D) Whether the probationer has moved from the state, or is
incarcerated.
(E) Whether the probationer is still cohabiting, or intends to
cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation,
including consideration of any progress reports.
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
resources.
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.

(I) Whether the ends of justice would be served by limiting or
terminating the order.
(c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases covered by Section
1203.2.



1203.4. (a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
This subdivision shall apply to all applications for relief under
this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code, to any violation of subdivision
(c) of Section 286, Section 288, subdivision (c) of Section 288a,
Section 288.5, or subdivision (j) of Section 289, any felony
conviction pursuant to subdivision (d) of Section 261.5, or to any
infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does
not apply to a person who receives a notice to appear or is otherwise
charged with a violation of an offense described in subdivisions (a)
to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
(d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred twenty
dollars ($120), and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred twenty dollars
($120), and to reimburse any city for the actual costs of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the city council
not to exceed one hundred twenty dollars ($120). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
(e) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
It shall be presumed that the prosecuting attorney has received
notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
(g) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.



1203.4a. (a) Every defendant convicted of a misdemeanor and not
granted probation shall, at any time after the lapse of one year from
the date of pronouncement of judgment, if he or she has fully
complied with and performed the sentence of the court, is not then
serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in Section 12021.1 of this code or
Section 13555 of the Vehicle Code. The defendant shall be informed of
the provisions of this section, either orally or in writing, at the
time he or she is sentenced. The defendant may make an application
and change of plea in person or by attorney, or by the probation
officer authorized in writing; provided, that in any subsequent
prosecution of the defendant for any other offense, the prior
conviction may be pleaded and proved and shall have the same effect
as if relief had not been granted pursuant to this section.
This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
(b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of subdivision (b) of Section 42001 of the
Vehicle Code, or to any infraction.
(c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.



1203.45. (a) In a case in which a person was under the age of 18
years at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of 18
at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:

(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was under
the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) A person who petitions for an order sealing a record under
this section may be required to reimburse the court for the actual
cost of services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined by
the court not to exceed one hundred twenty dollars ($120), and to
reimburse the county for the actual cost of services rendered,
whether or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the county board of
supervisors not to exceed one hundred twenty dollars ($120), and to
reimburse any city for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the city council not to
exceed one hundred twenty dollars ($120). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in a case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.



1203.5. The offices of adult probation officer, assistant adult
probation officer, and deputy adult probation officer are hereby
created. The probation officers, assistant probation officers, and
deputy probation officers appointed in accordance with Chapter 2
(commencing with Section 200) of Division 2 of Part 1 of the Welfare
and Institutions Code shall be ex officio adult probation officers,
assistant adult probation officers, and deputy adult probation
officers except in any county or city and county whose charter
provides for the separate office of adult probation officer. When
the separate office of adult probation officer has been established
he or she shall perform all the duties of probation officers except
for matters under the jurisdiction of the juvenile court. Any adult
probation officer may accept appointment as member of the Board of
Corrections and serve in that capacity in addition to his or her
duties as adult probation officer and may receive the per diem
allowance authorized in Section 6025.1.


1203.6. The adult probation officer shall be appointed and may be
removed for good cause in a county with two superior court judges, by
the presiding judge. In the case of a superior court of more than
two judges, a majority of the judges shall make the appointment, and
may effect removal.
The salary of the probation officer shall be established by the
board of supervisors.
The adult probation officer shall appoint and may remove all
assistants, deputies and other persons employed in the officer's
department, and their compensation shall be established, according to
the merit system or civil service system provisions of the county.
If no merit system or civil service system exists in the county, the
board of supervisors shall provide for appointment, removal, and
compensation of such personnel.
This section is applicable in a charter county whose charter
establishes the office of adult probation officer and provides that
the officer shall be appointed in accordance with general law subject
to the merit system provisions of the charter.



1203.7. (a) Either at the time of the arrest for a crime of any
person over 16 years of age, or at the time of the plea or verdict of
guilty, the probation officer of the county of the jurisdiction of
the crime shall, when so directed by the court, inquire into the
antecedents, character, history, family environment and offense of
that person. The probation officer shall report that information to
the court and file a written report in the records of the court. The
report shall contain his or her recommendation for or against the
release of the person on probation.
(b) If that person is released on probation and committed to the
care of the probation officer, the officer shall keep a complete and
accurate record of the history of the case in court and of the name
of the probation officer, and his or her acts in connection with the
case. This information shall include the age, ***, nativity,
residence, education, habits of temperance, marital status, and the
conduct, employment, occupation, parents' occupation, and the
condition of the person committed to his or her care during the term
of probation, and the result of probation. This record shall
constitute a part of the records of the court and shall at all times
be open to the inspection of the court or any person appointed by the
court for that purpose, as well as of all magistrates and the chief
of police or other head of the police, unless otherwise ordered by
the court.
(c) Five years after termination of probation in any case subject
to this section, the probation officer may destroy any records and
papers in his or her possession relating to the case.
(d) The probation officer shall furnish to each person released on
probation and committed to his or her care, a written statement of
the terms and conditions of probation, and shall report to the court
or judge appointing him or her, any violation or breach of the terms
and conditions imposed by the court on the person placed in his or
her care.



1203.71. Any of the duties of the probation officer may be
performed by a deputy probation officer and shall be performed by him
or her whenever detailed to perform those by the probation officer;
and it shall be the duty of the probation officer to see that the
deputy probation officer performs his or her duties.
The probation officer and each deputy probation officer shall
have, as to the person so committed to the care of the probation
officer or deputy probation officer, the powers of a peace officer.
The probation officers and deputy probation officers shall serve
as such probation officers in all courts having original jurisdiction
of criminal actions in this state.



1203.72. Except as provided in subparagraph (D) of paragraph (2) of
subdivision (b) of Section 1203, no court shall pronounce judgment
upon any defendant, as to whom the court has requested a probation
report pursuant to Section 1203.7, unless a copy of the probation
report has been made available to the court, the prosecuting
attorney, and the defendant or his or her attorney, at least two days
or, upon the request of the defendant, five days prior to the time
fixed by the court for consideration of the report with respect to
pronouncement of judgment. The report shall be filed with the clerk
of the court as a record in the case at the time the court considers
the report.
If the defendant is not represented by an attorney, the court,
upon ordering the probation report, shall also order the probation
officer who prepares the report to discuss its contents with the
defendant.



1203.73. The probation officers and deputy probation officers in
all counties of the state shall be allowed those necessary incidental
expenses incurred in the performance of their duties as required by
any law of this state, as may be authorized by a judge of the
superior court; and the same shall be a charge upon the county in
which the court appointing them has jurisdiction and shall be paid
out of the county treasury upon a warrant issued therefor by the
county auditor upon the order of the court; provided, however, that
in counties in which the probation officer is appointed by the board
of supervisors, the expenses shall be authorized by the probation
officer and claims therefor shall be audited, allowed and paid in the
same manner as other county claims.



1203.74. Upon a determination that, in his or her opinion, staff
and financial resources available to him or her are insufficient to
meet his or her statutory or court ordered responsibilities, the
probation officer shall immediately notify the presiding judge of the
superior court and the board of supervisors of the county, or city
and county, in writing. The notification shall explain which
responsibilities cannot be met and what resources are necessary in
order that statutory or court ordered responsibilities can be
properly discharged.


1203.8. (a) A county may develop a multiagency plan to prepare and
enhance nonviolent felony offenders' successful reentry into the
community. The plan shall be developed by, and have the concurrence
of, the presiding judge, the chief probation officer, the district
attorney, the local custodial agency, and the public defender, or
their designees, and shall be submitted to the board of supervisors
for its approval. The plan shall provide that when a report prepared
pursuant to Section 1203.10 recommends a state prison commitment, the
report shall also include, but not be limited to, the offender's
treatment, literacy, and vocational needs. Any sentence imposed
pursuant to this section shall include a recommendation for
completion while in state prison, all relevant programs to address
those needs identified in the assessment.
(b) The Department of Corrections and Rehabilitation is authorized
to enter into an agreement with up to three counties to implement
subdivision (a) and to provide funding for the purpose of the
probation department carrying out the assessment. The Department of
Corrections and Rehabilitation, to the extent feasible, shall provide
to the offender all programs pursuant to the court's recommendation.



1203.9. (a) Whenever any person is released upon probation, the
case may be transferred to any court of the same rank in any other
county in which the person resides permanently, meaning the stated
intention to remain for the duration of probation; provided that the
court of the receiving county shall first be given an opportunity to
determine whether the person does reside in and has stated the
intention to remain in that county for the duration of probation. If
the court finds that the person does not reside in or has not stated
an intention to remain in that county for the duration of probation,
it may refuse to accept the transfer. The court and the probation
department shall give the matter of investigating those transfers
precedence over all actions or proceedings therein, except actions or
proceedings to which special precedence is given by law, to the end
that all those transfers shall be completed expeditiously.
(b) Except as provided in subdivision (c), if the court of the
receiving county finds that the person does permanently reside in or
has permanently moved to the county, it may, in its discretion,
either accept the entire jurisdiction over the case, or assume
supervision of the probationer on a courtesy basis.
(c) Whenever a person is granted probation under Section 1210.1,
the sentencing court may, in its discretion, transfer jurisdiction of
the entire case, upon a finding by the receiving court of the person'
s permanent residency in the receiving county.
(d) The order of transfer shall contain an order committing the
probationer to the care and custody of the probation officer of the
receiving county and an order for reimbursement of reasonable costs
for processing the transfer to be paid to the sending county in
accordance with Section 1203.1b. A copy of the orders and probation
reports shall be transmitted to the court and probation officer of
the receiving county within two weeks of the finding by that county
that the person does permanently reside in or has permanently moved
to that county, and thereafter the receiving court shall have entire
jurisdiction over the case, with the like power to again request
transfer of the case whenever it seems proper.



1203.10. At the time of the plea or verdict of guilty of any person
over 18 years of age, the probation officer of the county of the
jurisdiction of said criminal shall, when so directed by the court,
inquire into the antecedents, character, history, family environment,
and offense of such person, and must report the same to the court
and file his report in writing in the records of such court. When
directed, his report shall contain his recommendation for or against
the release for such person on probation. If any such person shall
be released on probation and committed to the care of the probation
officer, such officer shall keep a complete and accurate record in
suitable books or other form in writing of the history of the case in
court, and of the name of the probation officer, and his act in
connection with said case; also the age, ***, nativity, residence,
education, habit of temperance, whether married or single, and the
conduct, employment and occupation, and parents' occupation, and
condition of such person committed to his care during the term of
such probation and the result of such probation. Such record of such
probation officer shall be and constitute a part of the records of
the court, and shall at all times be open to the inspection of the
court or of any person appointed by the court for that purpose, as
well as of all magistrates, and the chief of police, or other heads
of the police, unless otherwise ordered by the court. Said books of
records shall be furnished for the use of said probation officer of
said county, and shall be paid for out of the county treasury.
Five years after termination of probation in any case subject to
this section, the probation officer may destroy any records and
papers in his possession relating to such case.



1203.11. A probation or parole officer or parole agent of the
Department of Corrections may serve any process regarding the
issuance of a temporary restraining order or other protective order
against a person committed to the care of the probation or parole
officer or parole agent when the person appears for an appointment
with the probation or parole officer or parole agent at their office.



1203.12. The probation officer shall furnish to each person who has
been released on probation, and committed to his care, a written
statement of the terms and conditions of his probation unless such a
statement has been furnished by the court, and shall report to the
court, or judge, releasing such person on probation, any violation or
breach of the terms and conditions imposed by such court on the
person placed in his care.



1203.13. The probation officer of any county may establish, or
assist in the establishment of, any public council or committee
having as its object the prevention of crime, and may cooperate with
or participate in the work of any such councils or committees for the
purpose of preventing or decreasing crime, including the improving
of recreational, health, and other conditions in the community.



1203.14. Notwithstanding any other provision of law, probation
departments may engage in activities designed to prevent adult
delinquency. These activities include rendering direct and indirect
services to persons in the community. Probation departments shall
not be limited to providing services only to those persons on
probation being supervised under Section 1203.10, but may provide
services to any adults in the community.



1203a. In all counties and cities and counties the courts therein,
having jurisdiction to impose punishment in misdemeanor cases, shall
have the power to refer cases, demand reports and to do and require
all things necessary to carry out the purposes of Section 1203 of
this code insofar as they are in their nature applicable to
misdemeanors. Any such court shall have power to suspend the
imposing or the execution of the sentence, and to make and enforce
the terms of probation for a period not to exceed three years;
provided, that when the maximum sentence provided by law exceeds
three years imprisonment, the period during which sentence may be
suspended and terms of probation enforced may be for a longer period
than three years, but in such instance, not to exceed the maximum
time for which sentence of imprisonment might be pronounced.



1203b. All courts shall have power to suspend the imposition or
execution of a sentence and grant a conditional sentence in
misdemeanor and infraction cases without referring such cases to the
probation officer. Unless otherwise ordered by the court, persons
granted a conditional sentence in the community shall report only to
the court and the probation officer shall not be responsible in any
way for supervising or accounting for such persons.



1203c. (a) (1) Notwithstanding any other provisions of law,
whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation,
whether probation has been applied for or not, or granted and
revoked, it shall be the duty of the probation officer of the county
from which the person is committed to send to the Department of
Corrections and Rehabilitation a report of the circumstances
surrounding the offense and the prior record and history of the
defendant, as may be required by the Secretary of the Department of
Corrections and Rehabilitation.
(2) If the person is being committed to the jurisdiction of the
department for a conviction of an offense that requires him or her to
register as a *** offender pursuant to Section 290, the probation
officer shall include in the report the results of the
State-Authorized Risk Assessment Tool for *** Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(b) These reports shall accompany the commitment papers. The
reports shall be prepared in the form prescribed by the administrator
following consultation with the Corrections Standards Authority,
except that if the defendant is ineligible for probation, a report of
the circumstances surrounding the offense and the prior record and
history of the defendant, prepared by the probation officer on
request of the court and filed with the court before sentence, shall
be deemed to meet the requirements of paragraph (1) of subdivision
(a).
(c) In order to allow the probation officer an opportunity to
interview, for the purpose of preparation of these reports, the
defendant shall be held in the county jail for 48 hours, excluding
Saturdays, Sundays and holidays, subsequent to imposition of sentence
and prior to delivery to the custody of the Secretary of the
Department of Corrections and Rehabilitation, unless the probation
officer has indicated the need for a different period of time.




1203d. No court shall pronounce judgment upon any defendant, as to
whom the court has requested a probation report pursuant to Section
1203.10, unless a copy of the probation report has been made
available to the court, the prosecuting attorney, and the defendant
or his or her attorney, at least two days or, upon the request of the
defendant, five days prior to the time fixed by the court for
consideration of the report with respect to pronouncement of
judgment. The report shall be filed with the clerk of the court as a
record in the case at the time the court considers the report.
If the defendant is not represented by an attorney, the court,
upon ordering the probation report, shall also order the probation
officer who prepares the report to discuss its contents with the
defendant. Any waiver of the preparation of the report or the
consideration of the report by the court shall be as provided in
subdivision (b) of Section 1203, with respect to cases to which that
subdivision applies.
The sentence recommendations of the report shall also be made
available to the victim of the crime, or the victim's next of kin if
the victim has died, through the district attorney's office. The
victim or the victim's next of kin shall be informed of the
availability of this information through the notice provided pursuant
to Section 1191.1.



1203e. (a) Commencing June 1, 2010, the probation department shall
compile a Facts of Offense Sheet for every person convicted of an
offense that requires him or her to register as a *** offender
pursuant to Section 290 who is referred to the department pursuant to
Section 1203. The Facts of Offense Sheet shall contain the following
information concerning the offender: name; CII number; criminal
history, including all arrests and convictions for any registerable
*** offenses or any violent offense; circumstances of the offense for
which registration is required, including, but not limited to,
weapons used and victim pattern; and results of the State-Authorized
Risk Assessment Tool for *** Offenders (SARATSO), as set forth in
Section 290.04, if required. The Facts of Offense Sheet shall be
included in the probation officer's report.
(b) The defendant may move the court to correct the Facts of
Offense Sheet. Any corrections to that sheet shall be made consistent
with procedures set forth in Section 1204.
(c) The probation officer shall send a copy of the Facts of
Offense Sheet to the Department of Justice *** Offender Tracking
Program within 30 days of the person's *** offense conviction, and it
shall be made part of the registered *** offender's file maintained
by the *** Offender Tracking Program. The Facts of Offense Sheet
shall thereafter be made available to law enforcement by the
Department of Justice, which shall post it with the offender's record
on the Department of Justice Internet Web site maintained pursuant
to Section 290.46, and shall be accessible only to law enforcement.
(d) If the registered *** offender is sentenced to a period of
incarceration, at either the state prison or a county jail, the Facts
of Offense Sheet shall be sent by the Department of Corrections and
Rehabilitation or the county sheriff to the registering law
enforcement agency in the jurisdiction where the registered ***
offender will be paroled or will live on release, within three days
of the person's release. If the registered *** offender is committed
to the Department of Mental Health, the Facts of Offense Sheet shall
be sent by the Department of Mental Health to the registering law
enforcement agency in the jurisdiction where the person will live on
release, within three days of release.



1203f. Every probation department shall ensure that all
probationers under active supervision who are deemed to pose a high
risk to the public of committing *** crimes, as determined by the
State-Authorized Risk Assessment Tool for *** Offenders, as set forth
in Sections 290.04 to 290.06, inclusive, are placed on intensive and
specialized probation supervision and are required to report
frequently to designated probation officers. The probation department
may place any other probationer convicted of an offense that
requires him or her to register as a *** offender who is on active
supervision to be placed on intensive and specialized supervision and
require him or her to report frequently to designated probation
officers.



1203h. If the court initiates an investigation pursuant to
subdivision (a) or (d) of Section 1203 and the convicted person was
convicted of violating any section of this code in which a minor is a
victim of an act of abuse or neglect, then the investigation may
include a psychological evaluation to determine the extent of
counseling necessary for successful rehabilitation and which may be
mandated by the court during the term of probation. Such evaluation
may be performed by psychiatrists, psychologists, or licensed
clinical social workers. The results of the examination shall be
included in the probation officer's report to the court.




1204. The circumstances shall be presented by the testimony of
witnesses examined in open court, except that when a witness is so
sick or infirm as to be unable to attend, his deposition may be taken
by a magistrate of the county, out of court, upon such notice to the
adverse party as the court may direct. No affidavit or testimony,
or representation of any kind, verbal or written, can be offered to
or received by the court, or a judge thereof, in aggravation or
mitigation of the punishment, except as provided in this and the
preceding section. This section shall not be construed to prohibit
the filing of a written report by a defendant or defendant's counsel
on behalf of a defendant if such a report presents a study of his
background and personality and suggests a rehabilitation program. If
such a report is submitted, the prosecution or probation officer
shall be permitted to reply to or to evaluate the program.



1204.5. (a) In any criminal action, after the filing of any
complaint or other accusatory pleading and before a plea, finding, or
verdict of guilty, no judge shall read or consider any written
report of any law enforcement officer or witness to any offense, any
information reflecting the arrest or conviction record of a
defendant, or any affidavit or representation of any kind, verbal or
written, without the defendant's consent given in open court, except
as provided in the rules of evidence applicable at the trial, or as
provided in affidavits in connection with the issuance of a warrant
or the hearing of any law and motion matter, or in any application
for an order fixing or changing bail, or a petition for a writ.
(b) This section does not preclude a judge, who is not the
preliminary hearing or trial judge in the case, from considering any
information about the defendant for the purpose of that judge
adopting a pre-trial sentencing position or approving or disapproving
a guilty plea entered pursuant to Section 1192.5, if all of the
following occur:
(1) The defendant is represented by counsel, unless he or she
expressly waives the right to counsel.
(2) Any information provided to the judge for either of those
purposes is also provided to the district attorney and to the defense
counsel at least five days prior to any hearing or conference held
for the purpose of considering a proposed guilty plea or proposed
sentence.
(3) At any hearing or conference held for either of those
purposes, defense counsel or the district attorney is allowed to
provide information, either on or off the record, to supplement or
rebut the information provided pursuant to paragraph (2).



1205. (a) A judgment that the defendant pay a fine, with or without
other punishment, may also direct that he or she be imprisoned until
the fine is satisfied and may further direct that the imprisonment
begin at and continue after the expiration of any imprisonment
imposed as a part of the punishment or of any other imprisonment to
which he or she may theretofore have been sentenced. Each of these
judgments shall specify the extent of the imprisonment for nonpayment
of the fine, which shall not be more than one day for each thirty
dollars ($30) of the fine, nor exceed in any case the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she has been convicted. A defendant held in custody for
nonpayment of a fine shall be entitled to credit on the fine for each
day he or she is so held in custody, at the rate specified in the
judgment. When the defendant has been convicted of a misdemeanor, a
judgment that the defendant pay a fine may also direct that he or she
pay the fine within a limited time or in installments on specified
dates and that in default of payment as therein stipulated he or she
be imprisoned in the discretion of the court either until the
defaulted installment is satisfied or until the fine is satisfied in
full; but unless the direction is given in the judgment, the fine
shall be payable forthwith.
(b) Except as otherwise provided in case of fines imposed,
including restitution fines or restitution orders, as conditions of
probation, the defendant shall pay the fine to the clerk of the
court, or to the judge thereof if there is no clerk, unless the
defendant is taken into custody for nonpayment of the fine, in which
event payments made while he or she is in custody shall be made to
the officer who holds him or her in custody and all amounts so paid
shall be forthwith paid over by the officer to the court which
rendered the judgment. The clerk shall report to the court every
default in payment of a fine or any part thereof, or if there is no
clerk, the court shall take notice of the default. If time has been
given for payment of a fine or it has been made payable in
installments, the court shall, upon any default in payment,
immediately order the arrest of the defendant and order him or her to
show cause why he or she should not be imprisoned until the fine or
installment thereof, as the case may be, is satisfied in full. If
the fine, restitution fine, restitution order, or installment, is
payable forthwith and it is not so paid, the court shall without
further proceedings, immediately commit the defendant to the custody
of the proper officer to be held in custody until the fine or
installment thereof, as the case may be, is satisfied in full.
(c) This section applies to any violation of any of the codes or
statutes of this state punishable by a fine or by a fine and
imprisonment.
Nothing in this section shall be construed to prohibit the clerk
of the court, or the judge thereof if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.
(d) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors, except that the fee shall not
exceed thirty-five dollars ($35). The Legislature hereby authorizes
the establishment of the following program described in this
section, to be implemented in any county, upon the adoption of a
resolution by the board of supervisors authorizing it. The board of
supervisors in any county may establish a fee for the processing of
accounts receivable that are not to be paid in installments. The
defendant shall pay to the clerk of the court or the collecting
agency the fee established for the processing of the accounts. The
fee shall equal the administrative and clerical costs, as determined
by the board of supervisors, except that the fee shall not exceed
thirty dollars ($30).
(e) This section shall only apply to restitution fines and
restitution orders if the defendant has defaulted on the payment of
other fines.



1205.3. In any case in which a defendant is convicted of an offense
and granted probation, and the court orders the defendant either to
pay a fine or to perform specified community service work as a
condition of probation, the court shall specify that if community
service work is performed, it shall be performed in place of the
payment of all fines and restitution fines on a proportional basis,
and the court shall specify in its order the amount of the fine and
restitution fine and the number of hours of community service work
that shall be performed as an alternative to payment of the fine.



1207. When judgment upon a conviction is rendered, the clerk must
enter the judgment in the minutes, stating briefly the offense for
which the conviction was had, and the fact of a prior conviction, if
any. A copy of the judgment of conviction shall be filed with the
papers in the case.



1208. (a) The provisions of this section, insofar as they relate to
employment, shall be operative in any county in which the board of
supervisors by ordinance finds, on the basis of employment
conditions, the state of the county jail facilities, and other
pertinent circumstances, that the operation of this section, insofar
as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors by
ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances,
that the operation of this section, insofar as it relates to job
training, in that county is feasible. The provisions of this section,
insofar as they relate to education, shall be operative in any
county in which the board of supervisors by ordinance finds, on the
basis of education conditions, the state of the county jail
facilities, and other pertinent circumstances, that the operation of
this section, insofar as it relates to education, in that county is
feasible. In any ordinance the board shall prescribe whether the
sheriff, the probation officer, the director of the county department
of corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county if it finds by ordinance that
because of changed circumstances, the operation of this section,
either with respect to employment, job training, or education in that
county is no longer feasible.
Notwithstanding any other provision of law, the board of
supervisors may by ordinance designate a facility for confinement of
prisoners classified for the work furlough program and designate the
work furlough administrator as the custodian of the facility. The
work furlough administrator may operate the work furlough facility
or, with the approval of the board of supervisors, administer the
work furlough facility pursuant to written contracts with appropriate
public or private agencies or private entities. No agency or
private entity may operate a work furlough program or facility
without a written contract with the work furlough administrator, and
no agency or private entity entering into a written contract may
itself employ any person who is in the work furlough program. The
sheriff or director of the county department of corrections, as the
case may be, is authorized to transfer custody of prisoners to the
work furlough administrator to be confined in a facility for the
period during which they are in the work furlough program.
All privately operated local work furlough facilities and programs
shall be under the jurisdiction of, and subject to the terms of a
written contract entered into with, the work furlough administrator.
Each contract shall include, but not be limited to, a provision
whereby the private agency or entity agrees to operate in compliance
with all appropriate state and local building, zoning, health,
safety, and fire statutes, ordinances, and regulations and the
minimum jail standards for Type IV facilities as established by
regulations adopted by the Board of Corrections, and a provision
whereby the private agency or entity agrees to operate in compliance
with Section 1208.2, which provides that no eligible person shall be
denied consideration for, or be removed from, participation in a work
furlough program because of an inability to pay all or a portion of
the program fees. The private agency or entity shall select and
train its personnel in accordance with selection and training
requirements adopted by the Board of Corrections as set forth in
Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1
of Title 15 of the California Code of Regulations. Failure to
comply with the appropriate health, safety, and fire laws or minimum
jail standards adopted by the board may be cause for termination of
the contract. Upon discovery of a failure to comply with these
requirements, the work furlough administrator shall notify the
privately operated program director that the contract may be canceled
if the specified deficiencies are not corrected within 60 days.
All private work furlough facilities and programs shall be
inspected biennially by the Board of Corrections unless the work
furlough administrator requests an earlier inspection pursuant to
Section 6031.1. Each private agency or entity shall pay a fee to the
Board of Corrections commensurate with the cost of those inspections
and a fee commensurate with the cost of the initial review of the
facility.
(b) When a person is convicted of a misdemeanor and sentenced to
the county jail, or is imprisoned in the county jail for nonpayment
of a fine, for contempt, or as a condition of probation for any
criminal offense, the work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
regular employment, direct that the person be permitted to continue
in that employment, if that is compatible with the requirements of
subdivision (c), or may authorize the person to secure employment
for himself or herself, unless the court at the time of sentencing or
committing has ordered that the person not be granted work
furloughs. The work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
job training program, direct that the person be permitted to continue
in that job training program, if that is compatible with the
requirements of subdivision (c), or may authorize the person to
secure local job training for himself or herself, unless the court at
the time of sentencing has ordered that person not be granted work
furloughs. The work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
regular educational program, direct that the person be permitted to
continue in that educational program, if that is compatible with the
requirements of subdivision (c), or may authorize the person to
secure education for himself or herself, unless the court at the time
of sentencing has ordered that person not be granted work furloughs.

(c) If the work furlough administrator so directs that the
prisoner be permitted to continue in his or her regular employment,
job training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for himself
or herself, the prisoner may do so, and the administrator may assist
the prisoner in doing so. Any employment, job training, or
education so secured shall be suitable for the prisoner. The
employment, and the job training or educational program if it
includes earnings by the prisoner, shall be at a wage at least as
high as the prevailing wage for similar work in the area where the
work is performed and in accordance with the prevailing working
conditions in that area. In no event may any employment, job
training, or educational program involving earnings by the prisoner
be permitted where there is a labor dispute in the establishment in
which the prisoner is, or is to be, employed, trained, or educated.
(d) Whenever the prisoner is not employed or being trained or
educated and between the hours or periods of employment, training, or
education, the prisoner shall be confined in the facility designated
by the board of supervisors for work furlough confinement unless the
work furlough administrator directs otherwise. If the prisoner is
injured during a period of employment, job training, or education,
the work furlough administrator shall have the authority to release
him or her from the facility for continued medical treatment by
private physicians or at medical facilities at the expense of the
employer, workers' compensation insurer, or the prisoner. The
release shall not be construed as assumption of liability by the
county or work furlough administrator for medical treatment obtained.

The work furlough administrator may release any prisoner
classified for the work furlough program for a period not to exceed
72 hours for medical, dental, or psychiatric care, or for family
emergencies or pressing business which would result in severe
hardship if the release were not granted, or to attend those
activities as the administrator deems may effectively promote the
prisoner's successful return to the community, including, but not
limited to, an attempt to secure housing, employment, entry into
educational programs, or participation in community programs.
(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner's
employer to transmit the wages to the administrator at the latter's
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator.
If the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner's earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner's board and personal expenses, both inside and outside the
jail, and shall deduct so much of the costs of administration of this
section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner's dependents, if any. If sufficient funds are available
after making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner's discharge. Upon discharge the balance shall be paid to
the prisoner.
(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.
(g) In the event the prisoner violates the conditions laid down
for his or her conduct, custody, job training, education, or
employment, the work furlough administrator may order the balance of
the prisoner's sentence to be spent in actual confinement.
(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during which
he or she is authorized to be away from the place of confinement
pursuant to this section is punishable as provided in Section 4532.

(i) The court may recommend or refer a person to the work furlough
administrator for consideration for placement in the work furlough
program or a particular work furlough facility. The recommendation
or referral of the court shall be given great weight in the
determination of acceptance or denial for placement in the work
furlough program or a particular work furlough facility.
(j) As used in this section, the following definitions apply:
(1) "Education" includes vocational and educational training and
counseling, and psychological, drug abuse, alcoholic, and other
rehabilitative counseling.
(2) "Educator" includes a person or institution providing that
training or counseling.
(3) "Employment" includes care of children, including the daytime
care of children of the prisoner.
(4) "Job training" may include, but shall not be limited to, job
training assistance as provided through the Job Training Partnership
Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.).
(k) This section shall be known and may be cited as the "Cobey
Work Furlough Law."


1208.2. (a) (1) This section shall apply to individuals authorized
to participate in a work furlough program pursuant to Section 1208,
or to individuals authorized to participate in an electronic home
detention program pursuant to Section 1203.016, or to individuals
authorized to participate in a county parole program pursuant to
Article 3.5 (commencing with Section 3074) of Chapter 8 of Title 1 of
Part 3.
(2) As used in this section, as appropriate, "administrator" means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.
(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the person
is accepted, including equipment, supervision, and other operating
costs, except as provided in paragraph (2).
(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016, the limitation, described in
paragraph (1), in prescribing a program administrative fee and
application fee shall not apply.
(c) The correctional administrator, or his or her designee, shall
not have access to a person's financial data prior to granting or
denying a person's participation in, or assigning a person to, any of
the programs governed by this section.
(d) The correctional administrator, or his or her designee, shall
not consider a person's ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a person's
participation in, or assigning a person to, any of the programs
governed by this section.
(e) For purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision 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. In no event
shall the administrator, or his or her designee, consider a period
of more than six months from the date of acceptance into the program
for purposes of determining reasonably discernible future financial
position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of acceptance into the
program.
(4) Any other factor that may bear upon the person's financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).
(f) The administrator, or his or her designee, may charge a person
the fee set by the board of supervisors or any portion of the fee
and may determine the method and frequency of payment. Any fee the
administrator, or his or her designee, charges pursuant to this
section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person's ability to
pay. The administrator, or his or her designee, shall have the
option to waive the fees for program supervision when deemed
necessary, justified, or in the interests of justice. The fees
charged for program supervision may be modified or waived at any time
based on the changing financial position of the person. All fees
paid by persons for program supervision shall be deposited into the
general fund of the county.
(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the
program supervision fees. At any time during a person's sentence,
the person may request that the administrator, or his or her
designee, modify or suspend the payment of fees on the grounds of a
change in circumstances with regard to the person's ability to pay.
(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person's ability to
pay, or the amount which is to be paid, or the method and frequency
with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the
person and administrator, or his or her designee, have not been able
to reach agreement and the court shall then resolve the disagreement
by determining the person's ability to pay, the amount which is to be
paid, and the method and frequency with which payment is to be made.

(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her
designee, shall furnish the person a written statement of the person'
s rights in regard to the program for which the person has been
approved, including, but not limited to, both of the following:
(1) The fact that the person cannot be denied consideration for
or removed from participation in the program because of an inability
to pay.
(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person's
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall be
referred to the court to resolve the differences.
(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Sections 1203.016
and 1208, to enter into a contract with a private agency or entity to
provide specified program services, the program administrator shall
ensure that the provisions of this section are contained within any
contractual agreement for this purpose. All privately operated home
detention programs shall comply with all appropriate, applicable
ordinances and regulations specified in subdivision (a) of Section
1208.


1208.3. The administrator is not prohibited by subdivision (c) of
Section 1208.2 from verifying any of the following:
(a) That the prisoner is receiving wages at a rate of pay not less
than the prevailing minimum wage requirement as provided for in
subdivision (c) of Section 1208.
(b) That the prisoner is working a specified minimum number of
required hours.
(c) That the prisoner is covered under an appropriate or suitable
workers' compensation insurance plan as may otherwise be required by
law.
The purpose of the verification shall be solely to insure that the
prisoner's employment rights are being protected, that the prisoner
is not being taken advantage of, that the job is suitable for the
prisoner, and that the prisoner is making every reasonable effort to
make a productive contribution to the community.



1208.5. The boards of supervisors of two or more counties having
work furlough programs may enter into agreements whereby a person
sentenced to, or imprisoned in, the jail of one county, but regularly
residing in another county or regularly employed in another county,
may be transferred by the sheriff of the county in which he or she is
confined to the jail of the county in which he or she resides or is
employed, in order that he or she may be enabled to continue in his
or her regular employment or education in the other county through
the county's work furlough program. This agreement may make
provision for the support of transferred persons by the county from
which they are transferred. The board of supervisors of any county
may, by ordinance, delegate the authority to enter into these
agreements to the work furlough administrator.
This section shall become operative on January 1, 1999.



1209. Upon conviction of any criminal offense for which the court
orders the confinement of a person in the county jail, or other
suitable place of confinement, either as the final sentence or as a
condition of any grant of probation, and allows the person so
sentenced to continue in his or her regular employment by serving the
sentence on weekends or similar periods during the week other than
their regular workdays and by virtue of this schedule of serving the
sentence the prisoner is ineligible for work furlough under Section
1208, the county may collect from the defendant according to the
defendant's ability to pay so much of the costs of administration of
this section as are allocable to such defendant. The amount of this
fee shall not exceed the actual costs of such confinement and may be
collected prior to completion of each weekly or monthly period of
confinement until the entire sentence has been served, and the funds
shall be deposited in the county treasury pursuant to county
ordinance.
The court, upon allowing sentences to be served on weekends or
other nonemployment days, shall conduct a hearing to determine if the
defendant has the ability to pay all or a part of the costs of
administration without resulting in unnecessary economic hardship to
the defendant and his or her dependents. At the hearing, the
defendant shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, and to confront and cross-examine adverse
witnesses, and to disclosure of the evidence against the defendant,
and a written statement of the findings of the court. If the court
determines that the defendant has the ability to pay all or part of
the costs of administration without resulting in unnecessary economic
hardship to the defendant and his or her dependents, the court shall
advise the defendant of the provisions of this section and order him
or her to pay all or part of the fee as required by the sheriff,
probation officer, or Director of the County Department of
Corrections, whichever the case may be. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
As used in this section, the term "ability to pay" means the
overall capability of the defendant to reimburse the costs, or a
portion of the costs, and shall include, but shall not be limited to,
the following:
(a) The defendant's present financial position.
(b) The defendant's reasonably discernible future financial
position. In no event shall the court consider a period of more than
six months from the date of the hearing for purposes of determining
reasonably discernible future financial position.
(c) Likelihood that the defendant shall be able to obtain
employment within the six-month period from the date of the hearing.

(d) Any other factor or factors which may bear upon the defendant'
s financial capability to reimburse the county for the costs.
Execution may be issued on the order in the same manner as a
judgment in a civil action.
The order to pay all or part shall not be enforced by contempt.
At any time during the pendency of the judgment, a defendant against
whom a judgment has been rendered may petition the rendering court to
modify or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of making the judgment.


1209.5. Notwithstanding any other provision of law, any person
convicted of an infraction may, upon a showing that payment of the
total fine would pose a hardship on the defendant or his or her
family, be sentenced to perform community service in lieu of the
total fine that would otherwise be imposed. The defendant shall
perform community service at the hourly rate applicable to community
service work performed by criminal defendants. For purposes of this
section, the term "total fine" means the base fine and all
assessments, penalties, and additional moneys to be paid by the
defendant. For purposes of this section, the hourly rate applicable
to community service work by criminal defendants shall be determined
by dividing the total fine by the number of hours of community
service ordered by the court to be performed in lieu of the total
fine.


1210. As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health and
Safety Code, the following definitions apply:
(a) The term "nonviolent drug possession offense" means the
unlawful personal use, possession for personal use, or transportation
for personal use of any controlled substance identified in Section
11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, or
the offense of being under the influence of a controlled substance
in violation of Section 11550 of the Health and Safety Code. The term
"nonviolent drug possession offense" does not include the possession
for sale, production, or manufacturing of any controlled substance
and does not include violations of Section 4573.6 or 4573.8.
(b) The term "drug treatment program" or "drug treatment" means a
state licensed or certified community drug treatment program, which
may include one or more of the following: drug education, outpatient
services, narcotic replacement therapy, residential treatment,
detoxification services, and aftercare services. The term "drug
treatment program" or "drug treatment" includes a drug treatment
program operated under the direction of the Veterans Health
Administration of the Department of Veterans Affairs or a program
specified in Section 8001. That type of program shall be eligible to
provide drug treatment services without regard to the licensing or
certification provisions required by this subdivision. The term "drug
treatment program" or "drug treatment" does not include drug
treatment programs offered in a prison or jail facility.
(c) The term "successful completion of treatment" means that a
defendant who has had drug treatment imposed as a condition of
probation has completed the prescribed course of drug treatment as
recommended by the treatment provider and ordered by the court and,
as a result, there is reasonable cause to believe that the defendant
will not abuse controlled substances in the future. Completion of
treatment shall not require cessation of narcotic replacement
therapy.
(d) The term "misdemeanor not related to the use of drugs" means a
misdemeanor that does not involve (1) the simple possession or use
of drugs or drug paraphernalia, being present where drugs are used,
or failure to register as a drug offender, or (2) any activity
similar to those listed in (1).



1210.1. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (b), any person convicted of a nonviolent
drug possession offense shall receive probation. As a condition of
probation the court shall require participation in and completion of
an appropriate drug treatment program. The court shall impose
appropriate drug testing as a condition of probation. The court may
also impose, as a condition of probation, participation in vocational
training, family counseling, literacy training and/or community
service. A court may not impose incarceration as an additional
condition of probation. Aside from the limitations imposed in this
subdivision, the trial court is not otherwise limited in the type of
probation conditions it may impose. Probation shall be imposed by
suspending the imposition of sentence. No person shall be denied the
opportunity to benefit from the provisions of the Substance Abuse and
Crime Prevention Act of 2000 based solely upon evidence of a
co-occurring psychiatric or developmental disorder. To the greatest
extent possible, any person who is convicted of, and placed on
probation pursuant to this section for a nonviolent drug possession
offense shall be monitored by the court through the use of a
dedicated court calendar and the incorporation of a collaborative
court model of oversight that includes close collaboration with
treatment providers and probation, drug testing commensurate with
treatment needs, and supervision of progress through review hearings.

In addition to any fine assessed under other provisions of law,
the trial judge may require any person convicted of a nonviolent drug
possession offense who is reasonably able to do so to contribute to
the cost of his or her own placement in a drug treatment program.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any defendant who previously has been convicted of one or more
violent or serious felonies as defined in subdivision (c) of Section
667.5 or subdivision (c) of Section 1192.7, respectively, unless the
nonviolent drug possession offense occurred after a period of five
years in which the defendant remained free of both prison custody and
the commission of an offense that results in a felony conviction
other than a nonviolent drug possession offense, or a misdemeanor
conviction involving physical injury or the threat of physical injury
to another person.
(2) Any defendant who, in addition to one or more nonviolent drug
possession offenses, has been convicted in the same proceeding of a
misdemeanor not related to the use of drugs or any felony.
(3) Any defendant who, while armed with a deadly weapon, with the
intent to use the same as a deadly weapon, unlawfully possesses or is
under the influence of any controlled substance identified in
Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety
Code.
(4) Any defendant who refuses drug treatment as a condition of
probation.
(5) Any defendant who has two separate convictions for nonviolent
drug possession offenses, has participated in two separate courses of
drug treatment pursuant to subdivision (a), and is found by the
court, by clear and convincing evidence, to be unamenable to any and
all forms of available drug treatment, as defined in subdivision (b)
of Section 1210. Notwithstanding any other provision of law, the
trial court shall sentence that defendant to 30 days in jail.
(c) (1) Any defendant who has previously been convicted of at
least three non-drug-related felonies for which the defendant has
served three separate prison terms within the meaning of subdivision
(b) of Section 667.5 shall be presumed eligible for treatment under
subdivision (a). The court may exclude such a defendant from
treatment under subdivision (a) where the court, pursuant to the
motion of the prosecutor or its own motion, finds that the defendant
poses a present danger to the safety of others and would not benefit
from a drug treatment program. The court shall, on the record, state
its findings, the reasons for those findings.
(2) Any defendant who has previously been convicted of a
misdemeanor or felony at least five times within the prior 30 months
shall be presumed to be eligible for treatment under subdivision (a).
The court may exclude such a defendant from treatment under
subdivision (a) if the court, pursuant to the motion of the
prosecutor, or on its own motion, finds that the defendant poses a
present danger to the safety of others or would not benefit from a
drug treatment program. The court shall, on the record, state its
findings and the reasons for those findings.
(d) Within seven days of an order imposing probation under
subdivision (a), the probation department shall notify the drug
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days of receiving that notice, the
treatment provider shall prepare a treatment plan and forward it to
the probation department for distribution to the court and counsel.
The treatment provider shall provide to the probation department
standardized treatment progress reports, with minimum data elements
as determined by the department, including all drug testing results.
At a minimum, the reports shall be provided to the court every 90
days, or more frequently, as the court directs.
(1) If at any point during the course of drug treatment the
treatment provider notifies the probation department and the court
that the defendant is unamenable to the drug treatment being
provided, but may be amenable to other drug treatments or related
programs, the probation department may move the court to modify the
terms of probation, or on its own motion, the court may modify the
terms of probation after a hearing to ensure that the defendant
receives the alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the probation department and the court
that the defendant is unamenable to the drug treatment provided and
all other forms of drug treatment programs pursuant to subdivision
(b) of Section 1210, the probation department may move to revoke
probation. At the revocation hearing, if it is proved that the
defendant is unamenable to all drug treatment programs pursuant to
subdivision (b) of Section 1210, the court may revoke probation.
(3) Drug treatment services provided by subdivision (a) as a
required condition of probation may not exceed 12 months, unless the
court makes a finding supported by the record, that the continuation
of treatment services beyond 12 months is necessary for drug
treatment to be successful. If such a finding is made, the court may
order up to two six-month extensions of treatment services. The
provision of treatment services under the Substance Abuse and Crime
Prevention Act of 2000 shall not exceed 24 months.
(e) (1) At any time after completion of drug treatment and the
terms of probation, the court shall conduct a hearing, and if the
court finds that the defendant successfully completed drug treatment,
and substantially complied with the conditions of probation,
including refraining from the use of drugs after the completion of
treatment, the conviction on which the probation was based shall be
set aside and the court shall dismiss the indictment, complaint, or
information against the defendant. In addition, except as provided in
paragraphs (2) and (3), both the arrest and the conviction shall be
deemed never to have occurred. The defendant may additionally
petition the court for a dismissal of charges at any time after
completion of the prescribed course of drug treatment. Except as
provided in paragraph (2) or (3), the defendant shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted.
(2) Dismissal of an indictment, complaint, or information pursuant
to paragraph (1) does not permit a person to own, possess, or have
in his or her custody or control any firearm capable of being
concealed upon the person or prevent his or her conviction under
Section 12021.
(3) Except as provided below, after an indictment, complaint, or
information is dismissed pursuant to paragraph (1), the defendant may
indicate in response to any question concerning his or her prior
criminal record that he or she was not arrested or convicted for the
offense. Except as provided below, a record pertaining to an arrest
or conviction resulting in successful completion of a drug treatment
program under this section may not, without the defendant's consent,
be used in any way that could result in the denial of any employment,
benefit, license, or certificate.
Regardless of his or her successful completion of drug treatment,
the arrest and conviction on which the probation was based may be
recorded by the Department of Justice and disclosed in response to
any peace officer application request or any law enforcement inquiry.
Dismissal of an information, complaint, or indictment under this
section does not relieve a defendant of the obligation to disclose
the arrest and conviction in response to any direct question
contained in any questionnaire or application for public office, for
a position as a peace officer as defined in Section 830, for
licensure by any state or local agency, for contracting with the
California State Lottery, or for purposes of serving on a jury.
(f) (1) If probation is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section. The
court may modify or revoke probation if the alleged violation is
proved.
(2) If a defendant receives probation under subdivision (a), and
violates that probation either by committing an offense that is not a
nonviolent drug possession offense, or by violating a
non-drug-related condition of probation, and the state moves to
revoke probation, the court may remand the defendant for a period not
exceeding 30 days during which time the court may receive input from
treatment, probation, the state, and the defendant, and the court
may conduct further hearings as it deems appropriate to determine
whether or not probation should be reinstated under this section. If
the court reinstates the defendant on probation, the court may modify
the treatment plan and any other terms of probation, and continue
the defendant in a treatment program under the Substance Abuse and
Crime Prevention Act of 2000. If the court reinstates the defendant
on probation, the court may, after receiving input from the treatment
provider and probation, if available, intensify or alter the
treatment plan under subdivision (a), and impose sanctions, including
jail sanctions not exceeding 30 days, a tool to enhance treatment
compliance.
(3) (A) If a defendant receives probation under subdivision (a),
and violates that probation either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in subdivision (d) of Section 1210, or by violating a
drug-related condition of probation, and the state moves to revoke
probation, the court shall conduct a hearing to determine whether
probation shall be revoked. The trial court shall revoke probation if
the alleged probation violation is proved and the state proves by a
preponderance of the evidence that the defendant poses a danger to
the safety of others. If the court does not revoke probation, it may
intensify or alter the drug treatment plan and in addition, if the
violation does not involve the recent use of drugs as a circumstance
of the violation, including, but not limited to, violations relating
to failure to appear at treatment or court, noncompliance with
treatment, and failure to report for drug testing, the court may
impose sanctions including jail sanctions that may not exceed 48
hours of continuous custody as a tool to enhance treatment compliance
and impose other changes in the terms and conditions of probation.
The court shall consider, among other factors, the seriousness of the
violation, previous treatment compliance, employment, education,
vocational training, medical conditions, medical treatment, including
narcotics replacement treatment, and including the opinion of the
defendant's licensed and treating physician if immediately available
and presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(B) If a defendant receives probation under subdivision (a), and
for the second time violates that probation either by committing a
nonviolent drug possession offense, or a misdemeanor for simple
possession or use of drugs or drug paraphernalia, being present where
drugs are used, or failure to register as a drug offender, or any
activity similar to those listed in subdivision (d) of Section 1210,
or by violating a drug-related condition of probation, and the state
moves to revoke probation, the court shall conduct a hearing to
determine whether probation shall be revoked. The trial court shall
revoke probation if the alleged probation violation is proved and the
state proves by a preponderance of the evidence either that the
defendant poses a danger to the safety of others or is unamenable to
drug treatment. In determining whether a defendant is unamenable to
drug treatment, the court may consider, to the extent relevant,
whether the defendant (i) has committed a serious violation of rules
at the drug treatment program, (ii) has repeatedly committed
violations of program rules that inhibit the defendant's ability to
function in the program, or (iii) has continually refused to
participate in the program or asked to be removed from the program.
If the court does not revoke probation, it may intensify or alter the
drug treatment plan, and may, in addition, if the violation does not
involve the recent use of drugs as a circumstance of the violation,
including, but not limited to, violations relating to failure to
appear at treatment or court, noncompliance with treatment, and
failure to report for drug testing, impose sanctions including jail
sanctions that may not exceed 120 hours of continuous custody as a
tool to enhance treatment compliance and impose other changes in the
terms and conditions of probation. The court shall consider, among
other factors, the seriousness of the violation, previous treatment
compliance, employment, education, vocational training, medical
conditions, medical treatment, including narcotics replacement
treatment, and including the opinion of the defendant's licensed and
treating physician if immediately available and presented at the
hearing, child support obligations, and family responsibilities. The
court shall consider additional conditions of probation, which may
include, but are not limited to, community service and supervised
work programs. If one of the circumstances of the violation involves
recent drug use, as well as other circumstances of violation, and the
circumstance of recent drug use is demonstrated to the court by
satisfactory evidence and a finding made on the record, the court
may, after receiving input from treatment and probation, if
available, direct the defendant to enter a licensed detoxification or
residential treatment facility, and if there is no bed immediately
available in the facility, the court may order that the defendant be
confined in a county jail for detoxification purposes only, if the
jail offers detoxification services, for a period not to exceed 10
days. Detoxification services must provide narcotic replacement
therapy for those defendants presently actually receiving narcotic
replacement therapy.
(C) If a defendant receives probation under subdivision (a), and
for the third or subsequent time violates that probation either by
committing a nonviolent drug possession offense, or by violating a
drug-related condition of probation, and the state moves for a third
or subsequent time to revoke probation, the court shall conduct a
hearing to determine whether probation shall be revoked. If the
alleged probation violation is proved, the defendant is not eligible
for continued probation under subdivision (a) unless the court
determines that the defendant is not a danger to the community and
would benefit from further treatment under subdivision (a). The court
may then either intensify or alter the treatment plan under
subdivision (a) or transfer the defendant to a highly structured drug
court. If the court continues the defendant in treatment under
subdivision (a), or drug court, the court may impose appropriate
sanctions including jail sanctions as the court deems appropriate.
(D) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation
either by committing a nonviolent drug possession offense, or a
misdemeanor for simple possession or use of drugs or drug
paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in subdivision (d) of Section 1210, or by violating a drug-related
condition of probation, and the state moves to revoke probation, the
court shall conduct a hearing to determine whether probation shall be
revoked. The trial court shall revoke probation if the alleged
probation violation is proved and the state proves by a preponderance
of the evidence that the defendant poses a danger to the safety of
others. If the court does not revoke probation, it may modify or
alter the treatment plan, and in addition, if the violation does not
involve the recent use of drugs as a circumstance of the violation,
including, but not limited to, violations relating to failure to
appear at treatment or court, noncompliance with treatment, and
failure to report for drug testing, the court may impose sanctions
including jail sanctions that may not exceed 48 hours of continuous
custody as a tool to enhance treatment compliance and impose other
changes in the terms and conditions of probation. The court shall
consider, among other factors, the seriousness of the violation,
previous treatment compliance, employment, education, vocational
training, medical conditions, medical treatment, including narcotics
replacement treatment, and including the opinion of the defendant's
licensed and treating physician if immediately available and
presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(E) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation a
second time either by committing a nonviolent drug possession
offense, or a misdemeanor for simple possession or use of drugs or
drug paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in subdivision (d) of Section 1210, or by violating a drug-related
condition of probation, and the state moves for a second time to
revoke probation, the court shall conduct a hearing to determine
whether probation shall be revoked. The trial court shall revoke
probation if the alleged probation violation is proved and the state
proves by a preponderance of the evidence either that the defendant
poses a danger to the safety of others or that the defendant is
unamenable to drug treatment. If the court does not revoke probation,
it may modify or alter the treatment plan, and in addition, if the
violation does not involve the recent use of drugs as a circumstance
of the violation, including, but not limited to, violations relating
to failure to appear at treatment or court, noncompliance with
treatment, and failure to report for drug testing, the court may
impose sanctions including jail sanctions that may not exceed 120
hours of continuous custody as a tool to enhance treatment compliance
and impose other changes in the terms and conditions of probation.
The court shall consider, among other factors, the seriousness of the
violation, previous treatment compliance, employment, education,
vocational training, medical conditions, medical treatment including
narcotics replacement treatment, and including the opinion of the
defendant's licensed and treating physician if immediately available
and presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(F) If a defendant on probation at the effective date of this act
for a nonviolent drug offense violates that probation a third or
subsequent time either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of probation, and
the state moves for a third or subsequent time to revoke probation,
the court shall conduct a hearing to determine whether probation
shall be revoked. If the alleged probation violation is proved, the
defendant is not eligible for continued probation under subdivision
(a), unless the court determines that the defendant is not a danger
to the community and would benefit from further treatment under
subdivision (a). The court may then either intensify or alter the
treatment plan under subdivision (a) or transfer the defendant to a
highly structured drug court. If the court continues the defendant in
treatment under subdivision (a), or drug court, the court may impose
appropriate sanctions including jail sanctions.
(g) The term "drug-related condition of probation" shall include a
probationer's specific drug treatment regimen, employment,
vocational training, educational programs, psychological counseling,
and family counseling.



1210.5. In a case where a person has been ordered to undergo drug
treatment as a condition of probation, any court ordered drug testing
shall be used as a treatment tool. In evaluating a probationer's
treatment program, results of any drug testing shall be given no
greater weight than any other aspects of the probationer's individual
treatment program.

[هيثم الفقى]

1210.7. (a) Notwithstanding any other provisions of law, a county
probation department may utilize continuous electronic monitoring to
electronically monitor the whereabouts of persons on probation, as
provided by this chapter.
(b) Any use of continuous electronic monitoring pursuant to this
chapter shall have as its primary objective the enhancement of public
safety through the reduction in the number of people being
victimized by crimes committed by persons on probation.
(c) It is the intent of the Legislature in enacting this chapter
to specifically encourage a county probation department acting
pursuant to this chapter to utilize a system of continuous electronic
monitoring that conforms with the requirements of this chapter.
(d) For purposes of this chapter, "continuous electronic
monitoring" may include the use of worldwide radio navigation system
technology, known as the Global Positioning System, or GPS. The
Legislature finds that because of its capability for continuous
surveillance, continuous electronic monitoring has been used in other
parts of the country to monitor persons on formal probation who are
identified as requiring a high level of supervision.
(e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on probation who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.



1210.8. A county probation department may utilize a continuous
electronic monitoring device pursuant to this section that has all of
the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is
stationary. The signal shall be capable of being received and tracked
across large urban or rural areas, statewide, and being received
from within structures, vehicles, and other objects to the degree
technically feasible in light of the associated costs, design, and
other considerations as are determined relevant by the county
probation department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or
willful damage.


1210.9. (a) A continuous electronic monitoring system may have the
capacity to immediately notify a county probation department of
violations, actual or suspected, of the terms of probation that have
been identified by the monitoring system if the requirement is deemed
necessary by the county probation officer with respect to an
individual person.
(b) The information described in subdivision (a), including
geographic location and tampering, may be used as evidence to prove a
violation of the terms of probation.



1210.10. A county probation department shall establish the
following standards as are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions
of information about the location of the person under supervision.
The standards shall be established after an evaluation of, at a
minimum, all of the following:
(1) The resources of the county probation department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the
location of the person under supervision. The standards shall be
established after consideration of, at a minimum, all of the
following:
(1) The need to identify the location of a person proximate to the
location of a crime, including a violation of probation.
(2) Resources of the probation department.
(3) The need to avoid false indications of proximity to crimes.



1210.11. (a) A county probation department operating a system of
continuous electronic monitoring pursuant to this section shall
establish prohibitions against unauthorized access to, and use of,
information by private or public entities as may be deemed
appropriate. Unauthorized access to, and use of, electronic signals
includes signals transmitted in any fashion by equipment utilized for
continuous electronic monitoring.
(b) Devices used pursuant to this section shall not be used to
eavesdrop or record any conversation, except a conversation between
the participant and the person supervising the participant that is to
be used solely for the purposes of voice identification.



1210.12. (a) A county chief probation officer shall have the sole
discretion, consistent with the terms and conditions of probation, to
decide which persons shall be supervised using continuous electronic
monitoring administered by the county probation department. No
individual shall be required to participate in continuous electronic
monitoring authorized by this chapter for any period of time longer
than the term of probation.
(b) The county chief probation officer shall establish written
guidelines that identify those persons on probation subject to
continuous electronic monitoring authorized by this chapter. These
guidelines shall include the need for enhancing monitoring in
comparison to other persons not subject to the enhanced monitoring
and the public safety needs that will be served by the enhanced
monitoring.



1210.13. A county chief probation officer may revoke, in his or her
discretion, the continuous monitoring of any individual.



1210.14. Whenever a probation officer supervising an individual has
reasonable cause to believe that the individual is not complying
with the rules or conditions set forth for the use of continuous
electronic monitoring as a supervision tool, the probation officer
supervising the individual may, without a warrant of arrest, take the
individual into custody for a violation of probation.



1210.15. (a) A chief probation officer may charge persons on
probation for the costs of any form of supervision that utilizes
continuous electronic monitoring devices that monitor the whereabouts
of the person pursuant to this chapter, upon a finding of the
ability to pay those costs. However, the department shall waive any
or all of that payment upon a finding of an inability to pay.
Inability to pay all or a portion of the costs of continuous
electronic monitoring authorized by this chapter shall not preclude
use of continuous electronic monitoring, and eligibility for
probation shall not be enhanced by reason of ability to pay.
(b) A chief probation officer may charge a person on probation
pursuant to subdivision (a) for the cost of continuous electronic
monitoring in accordance with Section 1203.1b provided the person has
first satisfied all other outstanding base fines, state and local
penalties, restitution fines, and restitution orders imposed by a
court.



1210.16. It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this chapter maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
(a) The chief probation officer may administer continuous
electronic monitoring pursuant to written contracts and appropriate
public or private agencies or entities to provide specified
supervision services. No public or private agency or entity may
operate a continuous electronic monitoring system as authorized by
this section in any county without a written contract with the county'
s probation department. No public or private agency or entity
entering into a contract may itself employ any person who is a
participant in continuous electronic monitoring surveillance.
(b) The county board of supervisors, the chief probation officer,
and designees of the chief probation officer shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.

[هيثم الفقى]

1211. (a) In order to ensure the quality of drug diversion programs
provided pursuant to this chapter and Chapter 2.5 (commencing with
Section 1000) of Title 6, and to expand the availability of these
programs, the county drug program administrator in each county, in
consultation with representatives of the court and the county
probation department, shall establish minimum requirements, criteria,
and fees for the successful completion of drug diversion programs
which shall be approved by the county board of supervisors no later
than January 1, 1995. These minimum requirements shall include, but
not be limited to, all of the following:
(1) An initial assessment of each divertee, which may include all
of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Drug history and previous treatment.
(2) A minimum of 20 hours of either effective education or
counseling or any combination of both for each divertee.
(3) An exit conference which shall reflect the divertee's progress
during his or her participation in the program.
(4) Fee exemptions for persons who cannot afford to pay.
(b) The county drug program administrator shall implement a
certification procedure for drug diversion programs.
(c) The county drug program administrator shall recommend for
approval by the county board of supervisors programs pursuant to this
chapter. No program, regardless of how it is funded, may be
approved unless it meets the standards established by the
administrator, which shall include, but not be limited to, all of the
following:
(1) Guidelines and criteria for education and treatment services,
including standards of services which may include lectures, classes,
group discussions, and individual counseling. However, any class or
group discussion other than lectures, shall not exceed 15 persons at
any one meeting.
(2) Established and approved supervision, either on a regular or
irregular basis, of the person for the purpose of evaluating the
person's progress.
(3) A schedule of fees to be charged for services rendered to each
person under a county drug program plan in accordance with the
following provisions:
(A) Fees shall be used only for the purposes set forth in this
chapter.
(B) Fees for the treatment or rehabilitation of each participant
receiving services under a certified drug diversion program shall not
exceed the actual cost thereof, as determined by the county drug
program administrator according to standard accounting practices.
(C) Actual costs shall include both of the following:
(i) All costs incurred by the providers of diversion programs.
(ii) All expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter.
(d) The county shall require, as a condition of certification,
that the drug diversion program pay to the county drug program
administrator all expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter. No fee shall be required by any county
other than that county where the program is located.

[هيثم الفقى]

1213. (a) When a probationary order or a judgment, other than of
death, has been pronounced, a copy of the entry of that portion of
the probationary order ordering the defendant confined in a city or
county jail as a condition of probation, or a copy of the entry of
the judgment, or, if the judgment is for imprisonment in the state
prison, either a copy of the minute order or an abstract of the
judgment as provided in Section 1213.5, certified by the clerk of the
court, and a Criminal Investigation and Identification (CII) number
shall be forthwith furnished to the officer whose duty it is to
execute the probationary order or judgment, and no other warrant or
authority is necessary to justify or require its execution.
(b) If a copy of the minute order is used as the commitment
document, the first page or pages shall be identical in form and
content to that prescribed by the Judicial Council for an abstract of
judgment, and other matters as appropriate may be added thereafter.



1213.5. The abstract of judgment provided for in Section 1213 shall
be prescribed by the Judicial Council.



1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994, or to a diversion restitution fee ordered
pursuant to Section 1001.90.



1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. This
assessment shall be deposited in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or installment of
bail, the court shall vacate the assessment.
(c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail. An
outstanding, unserved bench warrant or warrant of arrest for a
failure to appear or for a failure to pay a fine or installment of
bail shall be recalled prior to the subsequent imposition of a civil
assessment.
(d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.



1214.2. (a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the same
manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.
(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not issue until the stay is lifted.




1214.5. (a) In any case in which the defendant is ordered to pay
more than fifty dollars ($50) in restitution as a condition of
probation, the court may, as an additional condition of probation
since the court determines that the defendant has the ability to pay,
as defined in Section 1203.1b(b), order the defendant to pay
interest at the rate of 10 percent per annum on the principal amount
remaining unsatisfied.
(b) (1) Except as provided in paragraph (2), interest commences to
accrue on the date of entry of the judgment or order.
(2) Unless the judgment or order otherwise provides, if
restitution is payable in installments, interest commences to accrue
as to each installment on the date the installment becomes due.




1215. If the judgment is for imprisonment, or a fine and
imprisonment until it be paid, the defendant must forthwith be
committed to the custody of the proper officer and by him or her
detained until the judgment is complied with. Where, however, the
court has suspended sentence, or where, after imposing sentence, the
court has suspended the execution thereof and placed the defendant on
probation, as provided in Section 1203, the defendant, if over the
age of 16 years, shall be placed under the care and supervision of
the probation officer of the court committing him or her, until the
expiration of the period of probation and the compliance with the
terms and conditions of the sentence, or of the suspension thereof.
Where, however, the probation has been terminated as provided in
Section 1203, and the suspension of the sentence, or of the execution
revoked, and the judgment pronounced, the defendant shall be
committed to the custody of the proper officer and be detained until
the judgment be complied with.


1216. If the judgment is for imprisonment in the state prison, the
sheriff of the county shall, upon receipt of a certified abstract or
minute order thereof, take and deliver the defendant to the warden of
the state prison. The sheriff also shall deliver to the warden the
certified abstract of the judgment or minute order, a Criminal
Investigation and Identification (CII) number, a Confidential
Medical/Mental Health Information Transfer Form indicating that the
defendant is medically capable of being transported, and take from
the warden a receipt for the defendant.



1217. When judgment of death is rendered, a commitment signed by
the judge, and attested by the clerk under the seal of the court must
be drawn and delivered to the sheriff. It must state the conviction
and judgment, and must direct the sheriff to deliver the defendant,
within 10 days from the time of judgment, to the warden of the State
prison of this State designated by the State Board of Prison
Directors for the execution of the death penalty, to be held pending
the decision upon his appeal.



1218. The judge of the court at which a judgment of death is had,
must, immediately after the judgment, transmit to the Governor, by
mail or otherwise, a statement of the conviction and judgment, and a
complete transcript of all the testimony given at the trial including
any arguments made by respective counsel and a copy of the clerk's
transcript.



1219. The Governor may thereupon require the opinion of the
Justices of the Supreme Court and of the Attorney General, or any of
them, upon the statement so furnished.



1227. If for any reason other than the pendency of an appeal
pursuant to subdivision (b) of Section 1239 of this code a judgment
of death has not been executed, and it remains in force, the court in
which the conviction was had shall, on application of the district
attorney, or may upon its own motion, make and cause to be entered an
order appointing a day upon which the judgment shall be executed,
which must not be less than 30 days nor more than 60 days from the
time of making such order; and immediately thereafter, a certified
copy of such order, attested by the clerk, under the seal of the
court, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant; provided, that if the defendant be at large, a
warrant for his apprehension may be issued, and upon being
apprehended, he shall be brought before the court, whereupon the
court shall make an order directing the warden of the state prison to
whom the sheriff is instructed to deliver the defendant to execute
the judgment at a specified time, which shall not be less than 30
days nor more than 60 days from the time of making such order.
From an order fixing the time for and directing the execution of
such judgment as herein provided, there shall be no appeal.



1227.5. Notwithstanding Section 1227, where a judgment of death has
not been executed by reason of a stay or reprieve granted by the
Governor, the execution shall be carried out on the day immediately
after the period of the stay or reprieve without further judicial
proceedings.

[هيثم الفقى]

APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT
THEREOF



1235. (a) Either party to a felony case may appeal on questions of
law alone, as prescribed in this title and in rules adopted by the
Judicial Council. The provisions of this title apply only to such
appeals.
(b) An appeal from the judgment or appealable order in a felony
case is to the court of appeal for the district in which the court
from which the appeal is taken is located.



1236. The party appealing is known as the appellant, and the
adverse party as the respondent, but the title of the action is not
changed in consequence of the appeal.



1237. An appeal may be taken by the defendant:
(a) From a final judgment of conviction except as provided in
Section 1237.1 and Section 1237.5. A sentence, an order granting
probation, or the commitment of a defendant for insanity, the
indeterminate commitment of a defendant as a mentally disordered ***
offender, or the commitment of a defendant for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment the court may
review any order denying a motion for a new trial.
(b) From any order made after judgment, affecting the substantial
rights of the party.



1237.1. No appeal shall be taken by the defendant from a judgment
of conviction on the ground of an error in the calculation of
presentence custody credits, unless the defendant first presents the
claim in the trial court at the time of sentencing, or if the error
is not discovered until after sentencing, the defendant first makes a
motion for correction of the record in the trial court.



1237.5. No appeal shall be taken by the defendant from a judgment
of conviction upon a plea of guilty or nolo contendere, or a
revocation of probation following an admission of violation, except
where both of the following are met:
(a) The defendant has filed with the trial court a written
statement, executed under oath or penalty of perjury showing
reasonable constitutional, jurisdictional, or other grounds going to
the legality of the proceedings.
(b) The trial court has executed and filed a certificate of
probable cause for such appeal with the clerk of the court.



1238. (a) An appeal may be taken by the people from any of the
following:
(1) An order setting aside all or any portion of the indictment,
information, or complaint.
(2) An order sustaining a demurrer to all or any portion of the
indictment, accusation, or information.
(3) An order granting a new trial.
(4) An order arresting judgment.
(5) An order made after judgment, affecting the substantial rights
of the people.
(6) An order modifying the verdict or finding by reducing the
degree of the offense or the punishment imposed or modifying the
offense to a lesser offense.
(7) An order dismissing a case prior to trial made upon motion of
the court pursuant to Section 1385 whenever such order is based upon
an order granting the defendant's motion to return or suppress
property or evidence made at a special hearing as provided in this
code.
(8) An order or judgment dismissing or otherwise terminating all
or any portion of the action including such an order or judgment
after a verdict or finding of guilty or an order or judgment entered
before the defendant has been placed in jeopardy or where the
defendant has waived jeopardy.
(9) An order denying the motion of the people to reinstate the
complaint or a portion thereof pursuant to Section 871.5.
(10) The imposition of an unlawful sentence, whether or not the
court suspends the execution of the sentence, except that portion of
a sentence imposing a prison term which is based upon a court's
choice that a term of imprisonment (A) be the upper, middle, or lower
term, unless the term selected is not set forth in an applicable
statute, or (B) be consecutive or concurrent to another term of
imprisonment, unless an applicable statute requires that the term be
consecutive. As used in this paragraph, "unlawful sentence" means
the imposition of a sentence not authorized by law or the imposition
of a sentence based upon an unlawful order of the court which strikes
or otherwise modifies the effect of an enhancement or prior
conviction.
(11) An order recusing the district attorney pursuant to Section
1424.
(b) If, pursuant to paragraph (8) of subdivision (a), the people
prosecute an appeal to decision, or any review of such decision, it
shall be binding upon them and they shall be prohibited from refiling
the case which was appealed.
(c) When an appeal is taken pursuant to paragraph (7) of
subdivision (a), the court may review the order granting the
defendant's motion to return or suppress property or evidence made at
a special hearing as provided in this code.
(d) Nothing contained in this section shall be construed to
authorize an appeal from an order granting probation. Instead, the
people may seek appellate review of any grant of probation, whether
or not the court imposes sentence, by means of a petition for a writ
of mandate or prohibition which is filed within 60 days after
probation is granted. The review of any grant of probation shall
include review of any order underlying the grant of probation.



1238.5. Upon appeal by the prosecution pursuant to Section 1238,
where the notice of appeal is filed after the expiration of the time
available to defendant to seek review of an otherwise reviewable
order or ruling and the appeal by the prosecution relates to a matter
decided during the time available to the defendant to seek review of
the otherwise reviewable order or ruling, the time for defendant to
seek such review is reinstated to run from the date the notice of
appeal was filed with proof of service upon defendant or his counsel.

The Judicial Council shall provide by rule for the consolidation
of such petition for review with the prosecution appeal.



1239. (a) Where an appeal lies on behalf of the defendant or the
people, it may be taken by the defendant or his or her counsel, or by
counsel for the people, in the manner provided in rules adopted by
the Judicial Council.
(b) When upon any plea a judgment of death is rendered, an appeal
is automatically taken by the defendant without any action by him or
her or his or her counsel. The defendant's trial counsel, whether
retained by the defendant or court appointed, shall continue to
represent the defendant until completing the additional duties set
forth in paragraph (1) of subdivision (e) of Section 1240.1.



1240. (a) When in a proceeding falling within the provisions of
Section 15421 of the Government Code a person is not represented by a
public defender acting pursuant to Section 27706 of the Government
Code or other counsel and he is unable to afford the services of
counsel, the court shall appoint the State Public Defender to
represent the person except as follows:
(1) The court shall appoint counsel other than the State Public
Defender when the State Public Defender has refused to represent the
person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State
Public Defender or the attorney who represented the person at his
trial when the person requests the latter to represent him on appeal
and the attorney consents to the appointment. In unusual cases,
where good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private
attorney, or nonprofit corporation with which the State Public
Defender has contracted to furnish defense services pursuant to
Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court
may, in its discretion, appoint counsel other than the State Public
Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed
pursuant to this section, he may exercise the same authority as the
State Public Defender pursuant to Chapter 2 (commencing with Section
15420) of Part 7 of Division 3 of Title 2 of the Government Code.



1240.1. (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal. The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal. The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed. Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
(b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading, or transcript of oral proceedings would
not be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court. The
executing of the notice of appeal by the defendant's attorney shall
not constitute an undertaking to represent the defendant on appeal
unless the undertaking is expressly stated in the notice of appeal.
If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt. The appellate court shall act upon
that motion without unnecessary delay. An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
(c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
(d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court.
(e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties. Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of all trial court
proceedings.
(2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the California Supreme Court in a manner provided by rules
of court adopted by the Judicial Council.



1241. In any case in which counsel other than a public defender has
been appointed by the Supreme Court or by a court of appeal to
represent a party to any appeal or proceeding, such counsel shall
receive a reasonable sum for compensation and necessary expenses, the
amount of which shall be determined by the court and paid from any
funds appropriated to the Judicial Council for that purpose. Claim
for the payment of such compensation and expenses shall be made on a
form prescribed by the Judicial Council and presented by counsel to
the clerk of the appointing court. After the court has made its
order fixing the amount to be paid the clerk shall transmit a copy of
the order to the State Controller who shall draw his warrant in
payment thereof and transmit it to the payee.



1242. An appeal taken by the people in no case stays or affects the
operation of a judgment in favor of the defendant, until judgment is
reversed.


1243. An appeal to the Supreme Court or to a court of appeal from a
judgment of conviction stays the execution of the judgment in all
cases where a sentence of death has been imposed, but does not stay
the execution of the judgment or order granting probation in any
other case unless the trial or appellate court shall so order. The
granting or refusal of such an order shall rest in the discretion of
the court, except that a court shall not stay any duty to register as
a *** offender pursuant to Section 290. If the order is made, the
clerk of the court shall issue a certificate stating that the order
has been made.


1244. If the certificate provided for in the preceding section is
filed, the Sheriff must, if the defendant be in his custody, upon
being served with a copy thereof, keep the defendant in his custody
without executing the judgment, and detain him to abide the judgment
on appeal.



1245. If before the granting of the certificate, the execution of
the judgment has commenced, the further execution thereof is
suspended, and upon service of a copy of such certificate the
defendant must be restored, by the officer in whose custody he is, to
his original custody.



1246. The record on appeal shall be made up and filed in such time
and manner as shall be prescribed in rules adopted by the Judicial
Council.

[هيثم الفقى]

1247k. The Judicial Council shall have the power to prescribe by
rules for the practice and procedure on appeal, and for the time and
manner in which the records on such appeals shall be made up and
filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all
laws in conflict therewith shall be of no further force or effect.

[هيثم الفقى]

1248. If the appeal is irregular in any substantial particular, but
not otherwise, the appellate court may order it to be dismissed.

[هيثم الفقى]

1252. On an appeal in a criminal case, no continuance shall be
granted upon stipulation of counsel, and no continuance shall be
granted for any longer period than the ends of justice shall require.
On an appeal by a defendant, the appellate court shall, in addition
to the issues raised by the defendant, consider and pass upon all
rulings of the trial court adverse to the State which it may be
requested to pass upon by the Attorney General.



1253. The judgment may be affirmed if the appellant fail to appear,
but can be reversed only after argument, though the respondent fail
to appear.


1254. Upon the argument of the appeal, if the offense is punishable
with death, two counsel must be heard on each side, if they require
it. In any other case the Court may, in its discretion, restrict the
argument to one counsel on each side.



1255. The defendant need not personally appear in the appellate
Court.


1256. It shall be the duty of the district attorney to cooperate
with and assist the attorney general in presenting all criminal
matters on appeal.

[هيثم الفقى]

1258. After hearing the appeal, the Court must give judgment
without regard to technical errors or defects, or to exceptions,
which do not affect the substantial rights of the parties.



1259. Upon an appeal taken by the defendant, the appellate court
may, without exception having been taken in the trial court, review
any question of law involved in any ruling, order, instruction, or
thing whatsoever said or done at the trial or prior to or after
judgment, which thing was said or done after objection made in and
considered by the lower court, and which affected the substantial
rights of the defendant. The appellate court may also review any
instruction given, refused or modified, even though no objection was
made thereto in the lower court, if the substantial rights of the
defendant were affected thereby.


1260. The court may reverse, affirm, or modify a judgment or order
appealed from, or reduce the degree of the offense or attempted
offense or the punishment imposed, and may set aside, affirm, or
modify any or all of the proceedings subsequent to, or dependent
upon, such judgment or order, and may, if proper, order a new trial
and may, if proper, remand the cause to the trial court for such
further proceedings as may be just under the circumstances.



1261. When a new trial is ordered it must be directed to be had in
the Court of the county from which the appeal was taken.



1262. If a judgment against the defendant is reversed, such
reversal shall be deemed an order for a new trial, unless the
appellate court shall otherwise direct. If the appellate court
directs a final disposition of the action in the defendant's favor,
the court must, if he is in custody, direct him to be discharged
therefrom; or if on bail that his bail may be exonerated; or if money
or other property was deposited instead of bail, that it be refunded
to the defendant or to the person or persons found by the court to
have deposited said money or other property on behalf of said
defendant. If a judgment against the defendant is reversed and the
case is dismissed, or if the appellate court directs a final
disposition of the action in defendant's favor, and defendant has
theretofore paid a fine in the case, such act shall also be deemed an
order of the court that the fine, including any penalty assessment
thereon, be returned to defendant.


1263. If a judgment against the defendant is affirmed, the original
judgment must be enforced.



1265. (a) After the certificate of the judgment has been remitted
to the court below, the appellate court has no further jurisdiction
of the appeal or of the proceedings thereon, and all orders necessary
to carry the judgment into effect shall be made by the court to
which the certificate is remitted. However, if a judgment has been
affirmed on appeal no motion shall be made or proceeding in the
nature of a petition for a writ of error coram nobis shall be brought
to procure the vacation of that judgment, except in the court which
affirmed the judgment on appeal. When a judgment is affirmed by a
court of appeal and a hearing is not granted by the Supreme Court,
the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the
defendant in order to carry the judgment into effect, upon a
satisfactory showing that other means such as contact by mail, phone,
or notification by means of the defendant's counsel have failed to
secure the defendant's appearance, the court to which the certificate
has been remitted may issue a bench warrant.

[هيثم الفقى]

BAIL
In What Cases the Defendant May Be Admitted to
Bail

1268. Admission to bail is the order of a competent Court or
magistrate that the defendant be discharged from actual custody upon
bail.


1269. The taking of bail consists in the acceptance, by a competent
court or magistrate, of the undertaking of sufficient bail for the
appearance of the defendant, according to the terms of the
undertaking, or that the bail will pay to the people of this state a
specified sum. Upon filing, the clerk shall enter in the register of
actions the date and amounts of such bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of such bond, such entries so made shall be prima facie
evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding
in habeas corpus in a superior court, and it is made to appear to the
satisfaction of the court by affidavit or by testimony in open court
that more than three years have elapsed since the exoneration or
release of said bail, the court must direct that such bond be
destroyed.


1269a. Except as otherwise provided by law, no defendant charged in
a warrant of arrest with any public offense shall be discharged from
custody upon bail except upon a written order of a competent court
or magistrate admitting the defendant to bail in the amount specified
in the indorsement referred to in Section 815a, and where an
undertaking is furnished, upon a written order of such court or
magistrate approving the undertaking. All such orders must be signed
by such court or magistrate and delivered to the officer having
custody of the defendant before the defendant is released. Any
officer releasing any defendant upon bail otherwise than as herein
provided shall be guilty of a misdemeanor.



1269b. (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable felony offenses and for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all
bailable felony offenses the judges shall consider the seriousness of
the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required bail
for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.



1269c. If a defendant is arrested without a warrant for a bailable
felony offense or for the misdemeanor offense of violating a domestic
violence restraining order, and a peace officer has reasonable cause
to believe that the amount of bail set forth in the schedule of bail
for that offense is insufficient to assure defendant's appearance or
to assure the protection of a victim, or family member of a victim,
of domestic violence, the peace officer shall prepare a declaration
under penalty of perjury setting forth the facts and circumstances in
support of his or her belief and file it with a magistrate, as
defined in Section 808, or his or her commissioner, in the county in
which the offense is alleged to have been committed or having
personal jurisdiction over the defendant, requesting an order setting
a higher bail. The defendant, either personally or through his or
her attorney, friend, or family member, also may make application to
the magistrate for release on bail lower than that provided in the
schedule of bail or on his or her own recognizance. The magistrate
or commissioner to whom the application is made is authorized to set
bail in an amount that he or she deems sufficient to assure the
defendant's appearance or to assure the protection of a victim, or
family member of a victim, of domestic violence, and to set bail on
the terms and conditions that he or she, in his or her discretion,
deems appropriate, or he or she may authorize the defendant's release
on his or her own recognizance. If, after the application is made,
no order changing the amount of bail is issued within eight hours
after booking, the defendant shall be entitled to be released on
posting the amount of bail set forth in the applicable bail schedule.




1270. (a) Any person who has been arrested for, or charged with, an
offense other than a capital offense may be released on his or her
own recognizance by a court or magistrate who could release a
defendant from custody upon the defendant giving bail, including a
defendant arrested upon an out-of-county warrant. A defendant who is
in custody and is arraigned on a complaint alleging an offense which
is a misdemeanor, and a defendant who appears before a court or
magistrate upon an out-of-county warrant arising out of a case
involving only misdemeanors, shall be entitled to an own recognizance
release unless the court makes a finding on the record, in
accordance with Section 1275, that an own recognizance release will
compromise public safety or will not reasonably assure the appearance
of the defendant as required. Public safety shall be the primary
consideration. If the court makes one of those findings, the court
shall then set bail and specify the conditions, if any, whereunder
the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any
person who is released pursuant to this section.



1270.1. (a) Before any person who is arrested for any of the
following crimes may be released on bail in an amount that is either
more or less than the amount contained in the schedule of bail for
the offense, or may be released on his or her own recognizance, a
hearing shall be held in open court before the magistrate or judge:
(1) A serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section
667.5, but not including a violation of subdivision (a) of Section
460 (residential burglary).
(2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, 262, 273.5, 422 where
the offense is punished as a felony, or 646.9.
(3) A violation of paragraph (1) of subdivision (e) of Section
243.
(4) A violation of Section 273.6 if the detained person made
threats to kill or harm, has engaged in violence against, or has gone
to the residence or workplace of, the protected party.
(b) The prosecuting attorney and defense attorney shall be given a
two court-day written notice and an opportunity to be heard on the
matter. If the detained person does not have counsel, the court
shall appoint counsel for purposes of this section only. The hearing
required by this section shall be held within the time period
prescribed in Section 825.
(c) At the hearing, the court shall consider evidence of past
court appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed to
other persons if the detained person is released. In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the detained
person and any past acts of violence. The court shall also consider
any evidence offered by the detained person regarding his or her ties
to the community and his or her ability to post bond.
(d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record.



1270.2. When a person is detained in custody on a criminal charge
prior to conviction for want of bail, that person is entitled to an
automatic review of the order fixing the amount of the bail by the
judge or magistrate having jurisdiction of the offense. That review
shall be held not later than five days from the time of the original
order fixing the amount of bail on the original accusatory pleading.
The defendant may waive this review.



1270.5. A defendant charged with an offense punishable with death
cannot be admitted to bail, when the proof of his or her guilt is
evident or the presumption thereof great. The finding of an
indictment does not add to the strength of the proof or the
presumptions to be drawn therefrom.



1271. If the charge is for any other offense, he may be admitted to
bail before conviction, as a matter of right.



1272. After conviction of an offense not punishable with death, a
defendant who has made application for probation or who has appealed
may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing imprisonment in cases of
misdemeanors.
3. As a matter of discretion in all other cases, except that a
person convicted of an offense subject to this subdivision, who makes
a motion for release on bail subsequent to a sentencing hearing,
shall provide notice of the hearing on the bail motion to the
prosecuting attorney at least five court days prior to the hearing.




1272.1. Release on bail pending appeal under subdivision (3) of
Section 1272 shall be ordered by the court if the defendant
demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely
to flee. Under this subdivision the court shall consider the
following criteria:
(1) The ties of the defendant to the community, including his or
her employment, the duration of his or her residence, the defendant's
family attachments and his or her property holdings.
(2) The defendant's record of appearance at past court hearings or
of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose
a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other
factors, whether the crime for which the defendant was convicted is a
violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the
record in the case, raises a substantial legal question which, if
decided in favor of the defendant, is likely to result in reversal.
For purposes of this subdivision, a "substantial legal question"
means a close question, one of more substance than would be necessary
to a finding that it was not frivolous. In assessing whether a
substantial legal question has been raised on appeal by the
defendant, the court shall not be required to determine whether it
committed error.
In making its decision on whether to grant defendants' motions for
bail under subdivision (3) of Section 1272, the court shall include
a brief statement of reasons in support of an order granting or
denying a motion for bail on appeal. The statement need only include
the basis for the order with sufficient specificity to permit
meaningful review.


1273. If the offense is bailable, the defendant may be admitted to
bail before conviction:
First--For his appearance before the magistrate, on the
examination of the charge, before being held to answer.
Second--To appear at the Court to which the magistrate is required
to return the depositions and statement, upon the defendant being
held to answer after examination.
Third--After indictment, either before the bench warrant is issued
for his arrest, or upon any order of the Court committing him, or
enlarging the amount of bail, or upon his being surrendered by his
bail to answer the indictment in the Court in which it is found, or
to which it may be transferred for trial.
And after conviction, and upon an appeal:
First--If the appeal is from a judgment imposing a fine only, on
the undertaking of bail that he will pay the same, or such part of it
as the appellate Court may direct, if the judgment is affirmed or
modified, or the appeal is dismissed.
Second--If judgment of imprisonment has been given, that he will
surrender himself in execution of the judgment, upon its being
affirmed or modified, or upon the appeal being dismissed, or that in
case the judgment be reversed, and that the cause be remanded for a
new trial, that he will appear in the Court to which said cause may
be remanded, and submit himself to the orders and process thereof.



1274. When the admission to bail is a matter of discretion, the
Court or officer to whom the application is made must require
reasonable notice thereof to be given to the District Attorney of the
county.


1275. (a) In setting, reducing, or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall be the
primary consideration.
In considering the seriousness of the offense charged, the judge
or magistrate shall include consideration of the alleged injury to
the victim, and alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
(c) Before a court reduces bail below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.


1275.1. (a) Bail, pursuant to this chapter, shall not be accepted
unless a judge or magistrate finds that no portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was feloniously obtained.

(b) A hold on the release of a defendant from custody shall only
be ordered by a magistrate or judge if any of the following occurs:
(1) A peace officer, as defined in Section 830, files a
declaration executed under penalty of perjury setting forth probable
cause to believe that the source of any consideration, pledge,
security, deposit, or indemnification paid, given, made, or promised
for its execution was feloniously obtained.
(2) A prosecutor files a declaration executed under penalty of
perjury setting forth probable cause to believe that the source of
any consideration, pledge, security, deposit, or indemnification
paid, given, made, or promised for its execution was feloniously
obtained. A prosecutor shall have absolute civil immunity for
executing a declaration pursuant to this paragraph.
(3) The magistrate or judge has probable cause to believe that the
source of any consideration, pledge, security, deposit, or
indemnification paid, given, made, or promised for its execution was
feloniously obtained.
(c) Once a magistrate or judge has determined that probable cause
exists, as provided in subdivision (b), a defendant bears the burden
by a preponderance of the evidence to show that no part of any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was obtained by felonious
means. Once a defendant has met such burden, the magistrate or judge
shall release the hold previously ordered and the defendant shall be
released under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with a
copy of the declaration of probable cause filed under subdivision
(b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant from
obtaining a loan of money so long as the loan will be funded and
repaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution, the magistrate or judge,
at an evidentiary hearing to determine the source of the funds, may
close it to the general public to protect the person's right to
privacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate or
judge, is not acted on within 24 hours, the defendant shall be
released from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant,
either personally or through his or her attorney, bail agent licensed
by the Department of Insurance, admitted surety insurer licensed by
the Department of Insurance, friend, or member of his or her family
from making an application to the magistrate or judge for the release
of the defendant on bail.
(i) The bail of any defendant found to have willfully misled the
court regarding the source of bail may be increased as a result of
the willful misrepresentation. The misrepresentation may be a factor
considered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and a
defendant will be released from custody upon the issuance of a bail
bond issued pursuant to authority of Section 1269 or 1269b by any
admitted surety insurer or any bail agent, approved by the Insurance
Commissioner, the magistrate or judge shall vacate the holding order
imposed under subdivision (b) upon the condition that the
consideration for the bail bond is approved by the court.
(k) As used in this section, "feloniously obtained" means any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution which is possessed,
received, or obtained through an unlawful act, transaction, or
occurrence constituting a felony.



1276. (a) A bail bond or undertaking of bail of an admitted surety
insurer shall be accepted or approved by a court or magistrate
without further acknowledgment if executed by a licensed bail agent
of the insurer under penalty of perjury and issued in the name of the
insurer by a person authorized to do so by an unrevoked power of
attorney on file in the office of the clerk of the county in which
the court or magistrate is located.
(b) One person may both execute and issue the bail bond or
undertaking of bail if qualified as provided in this section.




1276.5. (a) At the time of an initial application to a bail bond
licensee for a bail bond which is to be secured by a lien against
real property, the bail bond licensee shall provide the property
owner with a written disclosure statement in the following form:
"DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT
UNTIL YOU READ AND UNDERSTAND IT!
THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH
YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN
DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF
BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!"

(b) The disclosure required in subdivision (a) shall be made in
14-point bold type by either of the following means:
(1) A separate and specific document attached to or accompanying
the application.
(2) A clear and conspicuous statement on the face of the
application.
(c) The property owner shall be given a completed copy of the
disclosure statement and of the note and deed of trust or other
instrument creating the lien against real property prior to the
execution of any instrument creating a lien against real property.
The failure to fully comply with subdivision (a) or (b), or this
subdivision, shall render the deed of trust or other instrument
creating the lien against real property voidable.
(d) Within 30 days after notice is given by any individual,
agency, or entity to the surety or bail bond licensee of the
expiration of the time for appeal of the order exonerating the bail
bond, or within 30 days after the payment in full of all moneys owed
on the bail bond obligation secured by any lien against real
property, whichever is later in time, the bail bond licensee shall
deliver to the property owner a fully executed and notarized
reconveyance of title, a certificate of discharge, or a full release
of any lien against real property to secure performance of the
conditions of the bail bond. If a timely notice of appeal of the
order exonerating the bail bond is filed with the court, that 30-day
period shall begin on the date the determination of the appellate
court affirming the order exonerating the bail bond becomes final.
Upon the reconveyance, the licensee shall deliver to the property
owner the original note and deed of trust, security agreement, or
other instrument which secures the bail bond obligation. If the
licensee fails to comply with this subdivision, the property owner
may petition the superior court to issue an order directing the clerk
of the superior court to execute a full reconveyance of title, a
certificate of discharge, or a full release of any lien against real
property created to secure performance of the conditions of the bail
bond. The petition shall be verified and shall allege facts showing
that the licensee has failed to comply with this subdivision.
(e) The violation of this section shall make the violator liable
to the person affected by the violation for all damages which that
person may sustain by reason of the violation plus statutory damages
in the sum of three hundred dollars ($300). The property owner shall
be entitled, if he or she prevails, to recover court costs and
reasonable attorney's fees as determined by the court in any action
brought to enforce this section.

[هيثم الفقى]

1277. When the defendant has been held to answer upon an
examination for a public offense, the admission to bail may be by the
magistrate by whom he is so held, or by any magistrate who has power
to issue the writ of habeas corpus.


1278. (a) Bail is put in by a written undertaking, executed by two
sufficient sureties (with or without the defendant, in the discretion
of the magistrate), and acknowledged before the court or magistrate,
in substantially the following form:

An order having been made on the ____ day of ____, 20__, by ____,
a judge of the ____ Court of ____ County, that ____ be held to answer
upon a charge of (stating briefly the nature of the offense), upon
which he or she has been admitted to bail in the sum of ____ dollars
($____); we, ____ and ____, of ____ (stating their place of residence
and occupation), hereby undertake that the above-named ____ will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the charge above mentioned, in whatever court it
may be prosecuted, and will at all times hold himself or herself
amenable to the orders and process of the court, and if convicted,
will appear for pronouncement of judgment or grant of probation, or
if he or she fails to perform either of these conditions, that we
will pay to the people of the State of California the sum of ____
dollars ($____) (inserting the sum in which the defendant is admitted
to bail). If the forfeiture of this bond be ordered by the court,
judgment may be summarily made and entered forthwith against the said
(naming the sureties), and the defendant if he or she be a party to
the bond, for the amount of their respective undertakings herein, as
provided by Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1279. The qualifications of bail are as follows:
1. Each of them must be a resident, householder, or freeholder
within the state; but the court or magistrate may refuse to accept
any person as bail who is not a resident of the county where bail is
offered;
2. They must each be worth the amount specified in the
undertaking, exclusive of property exempt from execution, except that
if any of the sureties is not worth the amount specified in the
undertaking, exclusive of property exempt from execution, but owns
any equity in real property, a hearing must be held before the
magistrate to determine the value of such equity. Witnesses may be
called and examined at such hearing and if the magistrate is
satisfied that the value of the equity is equal to twice the amount
of the bond such surety is justified. In any case, the court or
magistrate, on taking bail, may allow more than two sureties to
justify severally in amounts less than that expressed in the
undertaking, if the whole justification be equivalent to that of
sufficient bail.



1280. The bail must in all cases justify by affidavit taken before
the magistrate, that they each possess the qualifications provided in
the preceding section. The magistrate may further examine the bail
upon oath concerning their sufficiency, in such manner as he may deem
proper.


1280a. All affidavits for the justification of bail shall set forth
the amount of the bail undertaking, a notice that the affidavit
shall constitute a lien upon the real property described in the
affidavit immediately upon the recordation of the affidavit with the
county recorder pursuant to Section 1280b, and the legal description
and assessor's parcel numbers of the real estate owned by the bail,
which is scheduled as showing that they each possess the
qualifications provided in the preceding sections, the affidavit
shall also show all encumbrances upon the real estate known to
affiants and shall show the number of bonds, if any, on which each
bail has qualified, within one year before the date of the affidavit,
together with the amount of each such bond, the date on which, the
county in which, and the name of the principal for whom each bond was
executed.
The affidavit shall also state the amount of each bail's liability
on bonds executed in previous years and not exonerated at the date
of the execution of the affidavit and be signed and acknowledged by
the owner of the real property.


1280b. It shall be the duty of the judge or magistrate to file with
the clerk of the court, within 24 hours after presentation to him or
her, all affidavits for the justification of bail, by delivering or
mailing them to the clerk of the court. Certified copies of the
affidavits for justification of bail involving equity in real
property may upon the written order of the judge or magistrate be
recorded with the county recorder.



1280.1. (a) From the time of recording an affidavit for the
justification of bail, the affidavit shall constitute an attachment
lien governed by Sections 488.500, 488.510 and 489.310 of the Code of
Civil Procedure in the amount of the bail undertaking, until
exonerated, released, or otherwise discharged. Any release of the
undertaking shall be effected by an order of the court, filed with
the clerk of the court, with a certified copy of the order recorded
in the office of the county recorder.
(b) If the bail is forfeited and summary judgment is entered,
pursuant to Sections 1305 and 1306, the lien shall have the force and
effect of a judgment lien, by recordation of an abstract of
judgment, which, may be enforced and satisfied pursuant to Section
1306 as well as through the applicable execution process set forth in
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure.



1281. Upon the allowance of bail and the execution and approval of
the undertaking, the magistrate must, if the defendant is in custody,
make and sign an order for his discharge, upon the delivery of which
to the proper officer the defendant must be discharged.



1281a. A judge of the superior court within the county, wherein a
cause is pending against any person charged with a felony, may
justify and approve bail in the said cause, and may execute an order
for the release of the defendant which shall authorize the discharge
of the defendant by any officer having said defendant in custody.

[هيثم الفقى]

1284. When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
giving bail.


1285. If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.



1286. When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.


1287. (a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:

An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1288. The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
indictment.


1289. After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.

[هيثم الفقى]

1291. In the cases in which defendant may be admitted to bail upon
an appeal, the order admitting him to bail may be made by any
Magistrate having the power to issue a writ of habeas corpus, or by
the Magistrate before whom the trial was had.




1292. The bail must possess the qualifications, and must be put in,
in all respects, as provided in Article II of this Chapter, except
that the undertaking must be conditioned as prescribed in Section
1273, for undertakings of bail on appeal.

[هيثم الفقى]

1295. (a) The defendant, or any other person, at any time after an
order admitting defendant to bail or after the arrest and booking of
a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
previously fixed by the judges of the court, and, upon delivering to
the officer in whose custody defendant is a certificate of the
deposit, the defendant must be discharged from custody.
(b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.

(c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.



1296. If the defendant has given bail, he may, at any time before
the forfeiture of the undertaking, in like manner deposit the sum
mentioned in the recognizance, and upon the deposit being made the
bail is exonerated.


1297. When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within 10 days after
the person claims it by submitting the receipt, and, if a claim is
not made within 10 days of the exoneration of bail, the clerk shall
immediately notify the depositor of the exoneration of bail.




1298. In lieu of a deposit of money, the defendant or any other
person may deposit bonds of the United States or of the State of
California of the face value of the cash deposit required, and these
bonds shall be treated in the same manner as a deposit of money or
the defendant or any other person may give as security any equity in
real property which he or she owns, provided that no charge is made
to the defendant or any other person for the giving as security of
any equity in real property. A hearing, at which witnesses may be
called or examined, shall be held before the magistrate to determine
the value of the equity and if the magistrate finds that the value of
the equity is equal to twice the amount of the cash deposit required
he or she shall allow the bail. The clerk shall, under order of the
court, when occasion arises therefor, sell the bonds or the equity
and apply the proceeds of the sale in the manner that a deposit of
cash may be required to be applied.
The county treasurer shall, upon request of the judge, keep the
deposit and return it to the clerk on order of the judge.

[هيثم الفقى]

1299. This article shall be known as the Bail Fugitive Recovery
Persons Act.


1299.01. For purposes of this article, the following terms shall
have the following meanings:
(a) "Bail fugitive" means a defendant in a pending criminal case
who has been released from custody under a financially secured
appearance, cash, or other bond and has had that bond declared
forfeited, or a defendant in a pending criminal case who has violated
a bond condition whereby apprehension and reincarceration are
permitted.
(b) "Bail" means a person licensed by the Department of Insurance
pursuant to Section 1800 of the Insurance Code.
(c) "Depositor of bail" means a person or entity who has deposited
money or bonds to secure the release of a person charged with a
crime or offense.
(d) "Bail fugitive recovery person" means a person who is provided
written authorization pursuant to Sections 1300 and 1301 by the bail
or depositor of bail, and is contracted to investigate, surveil,
locate, and arrest a bail fugitive for surrender to the appropriate
court, jail, or police department, and any person who is employed to
assist a bail or depositor of bail to investigate, surveil, locate,
and arrest a bail fugitive for surrender to the appropriate court,
jail, or police department.



1299.02. (a) No person, other than a certified law enforcement
officer, shall be authorized to apprehend, detain, or arrest a bail
fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or
a depositor of bail as defined in subdivision (c) of Section 1299.01.

(2) Is a bail fugitive recovery person as defined in subdivision
(d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California
or is authorized by another state to transact and post bail and is in
compliance with the provisions of Section 847.5 with respect to the
arrest of a bail fugitive.
(4) Is licensed as a private investigator as provided in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code.
(5) Holds a private investigator license issued by another state,
is authorized by the bail or depositor of bail to apprehend a bail
fugitive, and is in compliance with the provisions of Section 847.5
with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections
837, 838, and 839.


1299.04. (a) A bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her services to
another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (d) of Section 1299.01, and any
bail agent, bail permittee, or bail solicitor who obtains licensing
after January 1, 2000, and who engages in the arrest of a defendant
pursuant to Section 1301 shall comply with the following
requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer Standards and
Training pursuant to Section 832. Completion of the course shall be
for educational purposes only and not intended to confer the power of
arrest of a peace officer or public officer, or agent of any
federal, state, or local government, unless the person is so employed
by a governmental agency.
(3) The person shall have completed a minimum of 12 hours of
classroom education certified pursuant to Section 1810.7 of the
Insurance Code.
(4) The person shall have completed a course of training in the
exercise of the power to arrest offered pursuant to Section 7583.7 of
the Business and Professions Code.
(5) The person shall not have been convicted of a felony.
(b) Upon completion of any course or training program required by
this section, an individual authorized by Section 1299.02 to
apprehend a bail fugitive shall carry certificates of completion with
him or her at all times in the course of performing his or her
duties under this article.



1299.05. In performing a bail fugitive apprehension, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall
comply with all laws applicable to that apprehension.



1299.06. Before apprehending a bail fugitive, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall have
in his or her possession proper documentation of authority to
apprehend issued by the bail or depositor of bail as prescribed in
Sections 1300 and 1301. The authority to apprehend document shall
include all of the following information: the name of the individual
authorized by Section 1299.02 to apprehend a bail fugitive and any
fictitious name, if applicable; the address of the principal office
of the individual authorized by Section 1299.02 to apprehend a bail
fugitive; and the name and principal business address of the bail
agency, surety company, or other party contracting with the
individual authorized by Section 1299.02 to apprehend a bail
fugitive.


1299.07. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not represent himself or herself in
any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear any uniform that represents himself or
herself as belonging to any part or department of a federal, state,
or local government. Any uniform shall not display the words United
States, Bureau, Task Force, Federal, or other substantially similar
words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear or otherwise use a badge that represents
himself or herself as belonging to any part or department of the
federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not use a fictitious name that represents himself
or herself as belonging to any federal, state, or local government.



1299.08. (a) Except under exigent circumstances, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall,
prior to and no more than six hours before attempting to apprehend
the bail fugitive, notify the local police department or sheriff's
department of the intent to apprehend a bail fugitive in that
jurisdiction by:
(1) Indicating the name of an individual authorized by Section
1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by
Section 1299.02 to apprehend a bail fugitive will be entering the
jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail
fugitive.
(b) If an exigent circumstance does arise and prior notification
is not given as provided in subdivision (a), an individual authorized
by Section 1299.02 to apprehend a bail fugitive shall notify the
local police department or sheriff's department immediately after the
apprehension, and upon request of the local jurisdiction, shall
submit a detailed explanation of those exigent circumstances within
three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by
Section 1299.02 to apprehend a bail fugitive from making or
attempting to make a lawful arrest of a bail fugitive on bond
pursuant to Section 1300 or 1301. The fact that a bench warrant is
not located or entered into a warrant depository or system shall not
affect a lawful arrest of the bail fugitive.
(d) For the purposes of this section, notice may be provided to a
local law enforcement agency by telephone prior to the arrest or,
after the arrest has taken place, if exigent circumstances exist. In
that case the name or operator number of the employee receiving the
notice information shall be obtained and retained by the bail,
depositor of bail, or bail fugitive recovery person.



1299.09. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not forcibly enter a premises except
as provided for in Section 844.
(b) Nothing in subdivision (a) shall be deemed to authorize an
individual authorized by Section 12099.02 to apprehend a bail
fugitive to apprehend, detain, or arrest any person except as
otherwise authorized pursuant to Chapter 5 (commencing with Section
833) of Title 3 of Part 2, or any other provision of law.




1299.10. An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not carry a firearm or other weapon unless in
compliance with the laws of the state.



1299.11. Any person who violates this act, or who conspires with
another person to violate this act, or who hires an individual to
apprehend a bail fugitive, knowing that the individual is not
authorized by Section 1299.02 to apprehend a bail fugitive, is guilty
of a misdemeanor punishable by a fine of five thousand dollars
($5,000) or by imprisonment in the county jail not to exceed one
year, or by both that imprisonment and fine.



1299.12. This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1299.13. Nothing in this article is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.




1299.14. The California Research Bureau in the California State
Library shall conduct a study of the structure and implementation of
the Bail Fugitive Recovery Act. The bureau shall design and complete
a study evaluating the training requirements and regulatory status
for persons subject to the act, and whether the provisions of the act
have improved the process for the recovery of fugitives from bail.
In conducting the study, the bureau shall survey a representative
sampling of law enforcement agencies, bail associations, and the
state departments or agencies that certify the training courses. The
bureau shall submit the published findings of the study to the
Legislature no later than January 1, 2009.

[هيثم الفقى]

1300. (a) At any time before the forfeiture of their undertaking,
or deposit by a third person, the bail or the depositor may surrender
the defendant in their exoneration, or he may surrender himself, to
the officer to whose custody he was committed at the time of giving
bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified
copy of the certificate of deposit where a deposit is made, or an
affidavit given by the bail licensee or surety company listing all
that specific information that would be included on a certified copy
of an undertaking of bail, must be delivered to the officer who must
detain the defendant in his custody thereon as upon a commitment, and
by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall
make reasonable effort to give notice to the defendant's last
attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within
48 hours of the surrender, bring the defendant before the court in
which the defendant is next to appear on the case for which he has
been surrendered. The court shall advise the defendant of his right
to move the court for an order permitting the withdrawal of any
previous waiver of time and shall advise him of the authority of the
court, as provided in subdivision (b), to order return of the premium
paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the
certificate of the officer, the court in which the action or appeal
is pending may, upon notice of five days to the district attorney of
the county, with a copy of the undertaking, or certificate of
deposit, and the certificate of the officer, order that the bail or
deposit be exonerated. However, if the defendant is released on his
own recognizance or on another bond before the issuance of such an
order, the court shall order that the bail or deposit be exonerated
without prejudice to the court's authority under subdivision (b). On
filing the order and papers used on the application, they are
exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that
good cause does not exist for the surrender of a defendant who has
not failed to appear or has not violated any order of the court, it
may, in its discretion, order the bail or the depositor to return to
the defendant or other person who has paid the premium or any part of
it, all of the money so paid or any part of it.



1301. For the purpose of surrendering the defendant, the bail or
any person who has deposited money or bonds to secure the release of
the defendant, at any time before such bail or other person is
finally discharged, and at any place within the state, may himself
arrest defendant, or by written authority indorsed on a certified
copy of the undertaking or a certified copy of the certificate of
deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state
shall, without unnecessary delay, and, in any event, within 48 hours
of the arrest, deliver the defendant to the court or magistrate
before whom the defendant is required to appear or to the custody of
the sheriff or police for confinement in the appropriate jail in the
county or city in which defendant is required to appear. Any bail or
other person who arrests a defendant outside this state shall,
without unnecessary delay after the time defendant is brought into
this state, and, in any event, within 48 hours after defendant is
brought into this state, deliver the defendant to the custody of the
court or magistrate before whom the defendant is required to appear
or to the custody of the sheriff or police for confinement in the
appropriate jail in the county or city in which defendant is required
to appear.
Any bail or other person who willfully fails to deliver a
defendant to the court, magistrate, sheriff, or police as required by
this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of
a defendant are for his benefit and, with the consent of the bail,
may be waived by him. To be valid, such waiver shall be in writing,
signed by the defendant, and delivered to such bail or other person
within 48 hours after the defendant's arrest or entry into this
state, as the case may be. The defendant, at any time and in the
same manner, may revoke said waiver. Whereupon, he shall be
delivered as provided herein without unnecessary delay and, in any
event within 48 hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a
Saturday, Sunday, or holiday, delivery of a defendant by a bail or
other person to the court or magistrate or to the custody of the
sheriff or police may, without violating this section, take place
before noon on the next day following which is not a Saturday,
Sunday, or holiday.


1302. If money has been deposited instead of bail, and the
defendant, at any time before the forfeiture thereof, surrenders
himself or herself to the officer to whom the commitment was
directed, in the manner provided in Sections 1300 and 1301, the court
shall order a return of the deposit to the defendant or to the
person or persons found by the court to have deposited said money on
behalf of the defendant, upon the production of the certificate of
the officer showing the surrender, and upon a notice of five days to
the district attorney, with a copy of the certificate.



1303. If an action or proceeding against a defendant who has been
admitted to bail is dismissed, the bail shall not be exonerated until
a period of 15 days has elapsed since the entry of the order of
dismissal. If, within such period, the defendant is arrested and
charged with a public offense arising out of the same act or omission
upon which the action or proceeding was based, the bail shall be
applied to the public offense. If an undertaking of bail is on file,
the clerk of the court shall promptly mail notice to the surety on
the bond and the bail agent who posted the bond whenever the bail is
applied to a public offense pursuant to this section.



1304. Any bail, or moneys or bonds deposited in lieu of bail, or
any equity in real property as security in lieu of bail, or any
agreement whereby the defendant is released on his or her own
recognizance shall be exonerated two years from the effective date of
the initial bond, provided that the court is informed in writing at
least 60 days prior to 2 years after the initial bond of the fact
that the bond is to be exonerated, or unless the court determines
otherwise and informs the party executing the bail of the reasons
that the bail is not exonerated.

[هيثم الفقى]

1305. (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
(1) Arraignment.
(2) Trial.
(3) Judgment.
(4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
(5) To surrender himself or herself in execution of the judgment
after appeal.
However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
(b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail. At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond. The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file. If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
(1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.

(2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
(3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
(c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated. If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated. An order vacating the forfeiture and exonerating the
bond may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
(2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
(4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
(A) The bail is given prior notice of the reinstatement.
(B) The bail has not surrendered the defendant.
(d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
(1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
(2) The absence of the defendant is without the connivance of the
bail.
(e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
(1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
(2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
(3) The absence of the defendant is without the connivance of the
bail.
The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
(h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
(i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney. The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.


1305.1. If the defendant fails to appear for arraignment, trial,
judgment, or upon any other occasion when his or her appearance is
lawfully required, but the court has reason to believe that
sufficient excuse may exist for the failure to appear, the court may
continue the case for a period it deems reasonable to enable the
defendant to appear without ordering a forfeiture of bail or issuing
a bench warrant.
If, after the court has made the order, the defendant, without
sufficient excuse, fails to appear on or before the continuance date
set by the court, the bail shall be forfeited and a warrant for the
defendant's arrest may be ordered issued.



1305.2. If an assessment is made a condition of the order to set
aside the forfeiture of an undertaking, deposit, or bail under
Section 1305, the clerk of the court shall within 30 days mail notice
thereof to the surety or depositor at the address of its principal
office, mail a copy to the bail agent whose name appears on the bond,
and shall execute a certificate of mailing and place it in the court'
s file in the case. The time limit for payment shall in no event be
less than 30 days after the date of mailing of the notice.
If the assessment has not been paid by the date specified, the
court shall determine if a certificate of mailing has been executed,
and if none has, the court shall cause a notice to be mailed to the
surety, depositor, or bail agent whose name appears on the bond, and
the surety, depositor, or bail agent whose name appears on the bond
shall be allowed an additional 30 days to pay the assessment.



1305.3. The district attorney, county counsel, or applicable
prosecuting agency, as the case may be, shall recover, out of the
forfeited bail money, the costs incurred in successfully opposing a
motion to vacate the forfeiture and in collecting on the summary
judgment prior to the division of the forfeited bail money between
the cities and counties in accordance with Section 1463.



1305.4. Notwithstanding Section 1305, the surety insurer, the bail
agent, the surety, or the depositor may file a motion, based upon
good cause, for an order extending the 180-day period provided in
that section. The motion shall include a declaration or affidavit
that states the reasons showing good cause to extend that period.
The court, upon a hearing and a showing of good cause, may order the
period extended to a time not exceeding 180 days from its order. A
motion may be filed and calendared as provided in subdivision (i) of
Section 1305.


1306. (a) When any bond is forfeited and the period of time
specified in Section 1305 has elapsed without the forfeiture having
been set aside, the court which has declared the forfeiture,
regardless of the amount of the bail, shall enter a summary judgment
against each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the bond plus
costs, and notwithstanding any other law, no penalty assessments
shall be levied or added to the judgment.
(b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests.
(c) If, because of the failure of any court to promptly perform
the duties enjoined upon it pursuant to this section, summary
judgment is not entered within 90 days after the date upon which it
may first be entered, the right to do so expires and the bail is
exonerated.
(d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
(e) The district attorney or county counsel shall:
(1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
(2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure.
(f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.



1306.1. The provisions of Sections 1305 and 1306 shall not affect
the payment of bail deposits into the city or county treasury, as the
case may be, pursuant to Section 40512 of the Vehicle Code in those
cases arising under Section 40500 of the Vehicle Code.



1307. If, by reason of the neglect of the defendant to appear,
money deposited instead of bail is forfeited, and the forfeiture is
not discharged or remitted, the clerk with whom it is deposited must,
at the end of 180 days, unless the court has before that time
discharged the forfeiture, pay over the money deposited to the county
treasurer.



1308. (a) No court or magistrate shall accept any person or
corporation as surety on bail if any summary judgment against that
person or corporation entered pursuant to Section 1306 remains unpaid
after the expiration of 30 days after service of the notice of the
entry of the summary judgment, provided that, if during the 30 days
an action or proceeding available at law is initiated to determine
the validity of the order of forfeiture or summary judgment rendered
on it, this section shall be rendered inoperative until that action
or proceeding has finally been determined, provided that, if an
appeal is taken, an appeal bond is posted in compliance with Section
917.1 of the Code of Civil Procedure.
(b) The clerk of the court in which the judgment is rendered shall
serve notice of the entry of judgment upon the judgment debtor
within five days after the date of the entry of the summary judgment.

[هيثم الفقى]

Recommitment of the Defendant, After Having Given
Bail or Deposited Money Instead of Bail


1310. The court to which the committing magistrate returns the
depositions, or in which an indictment, information, or appeal is
pending, or to which a judgment on appeal is remitted to be carried
into effect, may, by an order entered upon its minutes, direct the
arrest of the defendant and his or her commitment to the officer to
whose custody he or she was committed at the time of giving bail, and
his or her detention until legally discharged, in the following
cases:
(a) When, by reason of his or her failure to appear, he or she has
incurred a forfeiture of his or her bail, or of money deposited
instead thereof.
(b) When it satisfactorily appears to the court that his or her
bail, or either of them, are dead or insufficient, or have removed
from the state.
(c) Upon an indictment being found or information filed in the
cases provided in Section 985.


1311. The order for the recommitment of the defendant must recite
generally the facts upon which it is founded, and direct that the
defendant be arrested by any sheriff, marshal, or policeman in this
state, and committed to the officer in whose custody he or she was at
the time he or she was admitted to bail, to be detained until
legally discharged.



1312. The defendant may be arrested pursuant to the order, upon a
certified copy thereof, in any county, in the same manner as upon a
warrant of arrest, except that when arrested in another county the
order need not be indorsed by a magistrate of that county.



1313. If the order recites, as the ground upon which it is made,
the failure of the defendant to appear for judgment upon conviction,
the defendant must be committed according to the requirement of the
order.


1314. If the order be made for any other cause, and the offense is
bailable, the Court may fix the amount of bail, and may cause a
direction to be inserted in the order that the defendant be admitted
to bail in the sum fixed, which must be specified in the order.




1315. When the defendant is admitted to bail, the bail may be taken
by any magistrate in the county, having authority in a similar case
to admit to bail, upon the holding of the defendant to answer before
an indictment, or by any other magistrate designated by the Court.



1316. When bail is taken upon the recommitment of the defendant,
the undertaking must be in substantially the following form:

An order having been made on the ____ day of ____, A.D. eighteen
____, by the Court (naming it), that A.B. be admitted to bail in the
sum of ____ dollars, in an action pending in that Court against him
in behalf of the people of the State of California, upon an
(information, presentment, indictment, or appeal, as the case may
be), we, C.D. and E.F., of (stating their places of residence and
occupation), hereby undertake that the above named A. B. will appear
in that or any other Court in which his appearance may be lawfully
required upon that (information, presentment, indictment, or appeal,
as the case may be), and will at all times render himself amenable to
its orders and process, and appear for judgment and surrender
himself in execution thereof; or if he fails to perform either of
these conditions, that we will pay to the people of the State of
California the sum of ____ dollars (insert the sum in which the
defendant is admitted to bail).



1317. The bail must possess the qualifications, and must be put in,
in all respects, in the manner prescribed in Article II of this
Chapter.

[هيثم الفقى]

1318. (a) The defendant shall not be released from custody under an
own recognizance until the defendant files with the clerk of the
court or other person authorized to accept bail a signed release
agreement which includes:
(1) The defendant's promise to appear at all times and places, as
ordered by the court or magistrate and as ordered by any court in
which, or any magistrate before whom the charge is subsequently
pending.
(2) The defendant's promise to obey all reasonable conditions
imposed by the court or magistrate.
(3) The defendant's promise not to depart this state without leave
of the court.
(4) Agreement by the defendant to waive extradition if the
defendant fails to appear as required and is apprehended outside of
the State of California.
(5) The acknowledgment of the defendant that he or she has been
informed of the consequences and penalties applicable to violation of
the conditions of release.


1318.1. (a) A court, with the concurrence of the board of
supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
(b) Whenever a court has employed an investigative staff pursuant
to subdivision (a), an investigative report shall be prepared in all
cases involving a violent felony, as described in subdivision (c) of
Section 667.5, or a felony in violation of subdivision (a) of Section
23153 of the Vehicle Code, recommending whether the defendant should
be released on his or her own recognizance. The report shall
include all of the following:
(1) Written verification of any outstanding warrants against the
defendant.
(2) Written verification of any prior incidents where the
defendant has failed to make a court appearance.
(3) Written verification of the criminal record of the defendant.

(4) Written verification of the residence of the defendant during
the past year.
After the report is certified pursuant to this subdivision, it
shall be submitted to the court for review, prior to a hearing held
pursuant to Section 1319.
(c) The salaries of the staff are a proper charge against the
county.



1319. (a) No person arrested for a violent felony, as described in
subdivision (c) of Section 667.5, may be released on his or her own
recognizance until a hearing is held in open court before the
magistrate or judge, and until the prosecuting attorney is given
notice and a reasonable opportunity to be heard on the matter. In
all cases, these provisions shall be implemented in a manner
consistent with the defendant's right to be taken before a magistrate
or judge without unreasonable delay pursuant to Section 825.
(b) A defendant charged with a violent felony, as described in
subdivision (c) of Section 667.5, shall not be released on his or her
own recognizance where it appears, by clear and convincing evidence,
that he or she previously has been charged with a felony offense and
has willfully and without excuse from the court failed to appear in
court as required while that charge was pending. In all other cases,
in making the determination as to whether or not to grant release
under this section, the court shall consider all of the following:
(1) The existence of any outstanding felony warrants on the
defendant.
(2) Any other information presented in the report prepared
pursuant to Section 1318.1. The fact that the court has not received
the report required by Section 1318.1, at the time of the hearing to
decide whether to release the defendant on his or her own
recognizance, shall not preclude that release.
(3) Any other information presented by the prosecuting attorney.
(c) The judge or magistrate who, pursuant to this section, grants
or denies release on a person's own recognizance, within the time
period prescribed in Section 825, shall state the reasons for that
decision in the record. This statement shall be included in the
court's minutes. The report prepared by the investigative staff
pursuant to subdivision (b) of Section 1318.1 shall be placed in the
court file for that particular matter.



1319.5. (a) No person described in subdivision (b) who is arrested
for a new offense may be released on his or her own recognizance
until a hearing is held in open court before the magistrate or judge.

(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony
parole.
(2) Any person who has failed to appear in court as ordered,
resulting in a warrant being issued, three or more times over the
three years preceding the current arrest, except for infractions
arising from violations of the Vehicle Code, and who is arrested for
any of the following offenses:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement
and Prevention Act (Chapter 11 (commencing with Section 186.20) of
Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of
Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been
armed with or to have personally used a firearm.

[هيثم الفقى]

1320. (a) Every person who is charged with or convicted of the
commission of a misdemeanor who is released from custody on his or
her own recognizance and who in order to evade the process of the
court willfully fails to appear as required, is guilty of a
misdemeanor. It shall be presumed that a defendant who willfully
fails to appear within 14 days of the date assigned for his or her
appearance intended to evade the process of the court.
(b) Every person who is charged with or convicted of the
commission of a felony who is released from custody on his or her own
recognizance and who in order to evade the process of the court
willfully fails to appear as required, is guilty of a felony, and
upon conviction shall be punished by a fine not exceeding five
thousand dollars ($5,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both that fine
and imprisonment. It shall be presumed that a defendant who
willfully fails to appear within 14 days of the date assigned for his
or her appearance intended to evade the process of the court.



1320.5. Every person who is charged with or convicted of the
commission of a felony, who is released from custody on bail, and who
in order to evade the process of the court willfully fails to appear
as required, is guilty of a felony. Upon a conviction under this
section, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000) or by imprisonment in the state prison, or
in the county jail for not more than one year, or by both the fine
and imprisonment. Willful failure to appear within 14 days of the
date assigned for appearance may be found to have been for the
purpose of evading the process of the court.

[هيثم الفقى]

1321. The rules for determining the competency of witnesses in
civil actions are applicable also to criminal actions and
proceedings, except as otherwise provided in this Code.



1324. In any felony proceeding or in any investigation or
proceeding before a grand jury for any felony offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case.
But he or she may nevertheless be prosecuted or subjected to penalty
or forfeiture for any perjury, false swearing or contempt committed
in answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.


1324.1. In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he may be incriminated thereby, the person may agree
in writing with the district attorney of the county, or the
prosecuting attorney of a city, as the case may be, to testify
voluntarily pursuant to this section. Upon written request of such
district attorney, or prosecuting attorney, the court having
jursidiction of the proceeding shall approve such written agreement,
unless the court finds that to do so would be clearly contrary to the
public interest. If, after court approval of such agreement, and
if, but for this section, the person would have been privileged to
withhold the answer given or the evidence produced by him, that
person shall not be prosecuted or subjected to penalty or forfeiture
for or on account of any fact or act concerning which, in accordance
with such agreement, he answered or produced evidence, but he may,
nevertheless, be prosecuted or subjected to penalty or forfeiture for
any perjury, false swearing or contempt committed in answering or in
producing evidence in accordance with such agreement. If such
person fails to give any answer or to produce any evidence in
accordance with such agreement, that person shall be prosecuted or
subjected to penalty or forfeiture in the same manner and to the same
extent as he would be prosecuted or subjected to penalty or
forfeiture but for this section.

[هيثم الفقى]

1326. (a) The process by which the attendance of a witness before a
court or magistrate is required is a subpoena. It may be signed and
issued by any of the following:
(1) A magistrate before whom a complaint is laid or his or her
clerk, the district attorney or his or her investigator, or the
public defender or his or her investigator, for witnesses in the
state.
(2) The district attorney, his or her investigator, or, upon
request of the grand jury, any judge of the superior court, for
witnesses in the state, in support of an indictment or information,
to appear before the court in which it is to be tried.
(3) The district attorney or his or her investigator, the public
defender or his or her investigator, or the clerk of the court in
which a criminal action is to be tried. The clerk shall, at any time,
upon application of the defendant, and without charge, issue as many
blank subpoenas, subscribed by him or her, for witnesses in the
state, as the defendant may require.
(4) The attorney of record for the defendant.
(b) A subpoena issued in a criminal action that commands the
custodian of records or other qualified witness of a business to
produce books, papers, documents, or records shall direct that those
items be delivered by the custodian or qualified witness in the
manner specified in subdivision (b) of Section 1560 of the Evidence
Code. Subdivision (e) of Section 1560 of the Evidence Code shall not
apply to criminal cases.
(c) In a criminal action, no party, or attorney or representative
of a party, may issue a subpoena commanding the custodian of records
or other qualified witness of a business to provide books, papers,
documents, or records, or copies thereof, relating to a person or
entity other than the subpoenaed person or entity in any manner other
than that specified in subdivision (b) of Section 1560 of the
Evidence Code. When a defendant has issued a subpoena to a person or
entity that is not a party for the production of books, papers,
documents, or records, or copies thereof, the court may order an in
camera hearing to determine whether or not the defense is entitled to
receive the documents. The court may not order the documents
disclosed to the prosecution except as required by Section 1054.3.
(d) This section shall not be construed to prohibit obtaining
books, papers, documents, or records with the consent of the person
to whom the books, papers, documents, or records relate.



1326.1. (a) An order for the production of utility records in
whatever form and however stored shall be issued by a judge only upon
a written ex parte application by a peace officer showing specific
and articulable facts that there are reasonable grounds to believe
that the records or information sought are relevant and material to
an ongoing investigation of a felony violation of Section 186.10 or
of any felony subject to the enhancement set forth in Section 186.11.
The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
The ex parte application and any subsequent judicial order shall be
open to the public as a judicial record unless ordered sealed by the
court, for a period of 60 days. The sealing of these records may be
extended for 60-day periods upon a showing to the court that it is
necessary for the continuance of the investigation. Sixty-day
extensions may continue for up to one year or until termination of
the investigation of the individual or individuals, whichever is
sooner. The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the holder of the utility
records.
(b) As used in subdivision (a), "utility records" include, but are
not limited to, subscriber information, telephone or pager number
information, toll call records, call detail records, automated
message accounting records, billing statements, payment records, and
applications for service in the custody of companies engaged in the
business of providing telephone, pager, electric, gas, propane,
water, or other like services. "Utility records" do not include the
installation of, or the data collected from the installation of pen
registers or trap-tracers, nor the contents of a wire or electronic
communication.
(c) Nothing in this section shall preclude the holder of the
utility records from notifying a customer of the receipt of the order
for production of records unless a court orders the holder of the
utility records to withhold notification to the customer upon a
finding that this notice would impede the investigation. Where a
court has made an order to withhold notification to the customer
under this subdivision, the peace officer or law enforcement agency
who obtained the utility records shall notify the customer by
delivering a copy of the ex parte order to the customer within 10
days of the termination of the investigation.
(d) No holder of utility records, or any officer, employee, or
agent thereof, shall be liable to any person for (A) disclosing
information in response to an order pursuant to this section, or (B)
complying with an order under this section not to disclose to the
customer, the order or the dissemination of information pursuant to
the order.
(e) Nothing in this section shall preclude the holder of the
utility records from voluntarily disclosing information or providing
records to law enforcement upon request.
(f) Utility records released pursuant to this section shall be
used only for the purpose of criminal investigations and
prosecutions.


1326.2. (a) An order for the production of escrow or title records
in whatever form and however stored shall be issued by a judge only
upon a written ex parte application by a peace officer showing
specific and articulable facts that there are reasonable grounds to
believe that the records or information sought are relevant and
material to an ongoing investigation of a felony violation of Section
186.10 or of any felony subject to the enhancement set forth in
Section 186.11. The ex parte application shall specify with
particularity the records to be produced, which shall be only those
of the individual or individuals who are the subject of the criminal
investigation. The ex parte application and any subsequent judicial
order shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner. The records ordered to be produced shall be
returned to the peace officer applicant or his or her designee within
a reasonable time period after service of the order upon the holder
of the escrow or title records.
(b) As used in subdivision (a), "holder of escrow or title records"
means a title insurer that engages in the "business of title
insurance," as defined by Section 12340.3 of the Insurance Code, an
underwritten title company, or an escrow company.
(c) Nothing in this section shall preclude the holder of the
escrow or title records from notifying a customer of the receipt of
the order for production of records unless a court orders the holder
of the escrow or title records to withhold notification to the
customer upon a finding that this notice would impede the
investigation. Where a court has made an order to withhold
notification to the customer under this subdivision, the peace
officer or law enforcement agency who obtained the escrow or title
records shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
(d) No holder of escrow or title records, or any officer,
employee, or agent thereof, shall be liable to any person for (A)
disclosing information in response to an order pursuant to this
section, or (B) complying with an order under this section not to
disclose to the customer, the order or the dissemination of
information pursuant to the order.
(e) Nothing in this section shall preclude the holder of the
escrow or title records from voluntarily disclosing information or
providing records to law enforcement upon request.



1327. A subpoena authorized by Section 1326 shall be substantially
in the following form:

The people of the State of California to A.B.:
You are commanded to appear before C.D., a judge of the ____
Court of ____ County, at (naming the place), on (stating the day and
hour), as a witness in a criminal action prosecuted by the people of
the State of California against E.F.
Given under my hand this ____ day of ____, A.D. 19____. G.H.,
Judge of the ____ Court (or "J.K., District Attorney," or "J.K.,
District Attorney Investigator," or "D.E., Public Defender," or
"D.E., Public Defender Investigator," or "F.G., Defense Counsel," or
"By order of the court, L.M., Clerk," or as the case may be).

If books, papers, or documents are required, a direction to the
following effect must be contained in the subpoena: "And you are
required, also, to bring with you the following" (describing
intelligibly the books, papers, or documents required).




1328. (a) A subpoena may be served by any person, except that the
defendant may not serve a subpoena in the criminal action to which he
or she is a party, but a peace officer shall serve in his or her
county any subpoena delivered to him or her for service, either on
the part of the people or of the defendant, and shall, without delay,
make a written return of the service, subscribed by him or her,
stating the time and place of service. The service is made by
delivering a copy of the subpoena to the witness personally.
(b) (1) If service is to be made on a minor, service shall be made
on the minor's parent, guardian, conservator, or similar fiduciary,
or if one of them cannot be located with reasonable diligence, then
service shall be made on any person having the care or control of the
minor or with whom the minor resides or by whom the minor is
employed, unless the parent, guardian, conservator, or fiduciary or
other specified person is the defendant, and on the minor if the
minor is 12 years of age or older. The person served shall have the
obligation of producing the minor at the time and place designated in
the subpoena. A willful failure to produce the minor is punishable
as a contempt pursuant to Section 1218 of the Code of Civil
Procedure. The person served shall be allowed the fees and expenses
that are provided for subpoenaed witnesses.
(2) If the minor is alleged to come within the description of
Section 300, 601, or 602 of the Welfare and Institutions Code, and
the minor is not residing with a parent or guardian, regardless of
the age of the minor, service shall also be made upon the designated
agent for service of process at the county child welfare department
or the probation department under whose jurisdiction the child has
been placed.
(3) The court having jurisdiction of the case shall have the power
to appoint a guardian ad litem to receive service of a subpoena of
the child and shall have the power to produce the child ordered to
court under this section.
(c) If any peace officer designated in Section 830 is required as
a witness before any court or magistrate in any action or proceeding
in connection with a matter regarding an event or transaction which
he or she has perceived or investigated in the course of his or her
duties, a criminal subpoena issued pursuant to this chapter requiring
his or her attendance may be served either by delivering a copy to
the peace officer personally or by delivering two copies to his or
her immediate superior or agent designated by his or her immediate
superior to receive the service or, in those counties where the local
agencies have consented with the marshal's office or sheriff's
office, where appropriate, to participate, by sending a copy by
electronic means, including electronic mail, computer modem,
facsimile, or other electronic means, to his or her immediate
superior or agent designated by the immediate superior to receive the
service. If the service is made by electronic means, the immediate
superior or agency designated by his or her immediate superior shall
acknowledge receipt of the subpoena by telephone or electronic means
to the sender of origin. If service is made upon the immediate
superior or agent designated by the immediate superior, the immediate
superior or the agent shall deliver a copy of the subpoena to the
peace officer as soon as possible and in no event later than a time
which will enable the peace officer to comply with the subpoena.
(d) If the immediate superior or his or her designated agent upon
whom service is attempted to be made knows he or she will be unable
to deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent may refuse to accept service of process
and is excused from any duty, liability, or penalty arising in
connection with the service, upon notifying the server of that fact.

(e) If the immediate superior or his or her agent is tendered
service of a subpoena less than five working days prior to the date
of hearing, and he or she is not reasonably certain he or she can
complete the service, he or she may refuse acceptance.
(f) If the immediate superior or agent upon whom service has been
made, subsequently determines that he or she will be unable to
deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena, the
immediate superior or agent shall notify the server or his or her
office or agent not less than 48 hours prior to the hearing date
indicated on the subpoena, and is thereby excused from any duty,
liability, or penalty arising because of his or her failure to
deliver a copy of the subpoena to the peace officer. The server, so
notified, is therewith responsible for preparing the written return
of service and for notifying the originator of the subpoena if
required.
(g) Notwithstanding subdivision (c), in the case of peace officers
employed by the California Highway Patrol, if service is made upon
the immediate superior or upon an agent designated by the immediate
superior of the peace officer, the immediate superior or the agent
shall deliver a copy of the subpoena to the peace officer on the
officer's first workday following acceptance of service of process.
In this case, failure of the immediate superior or the designated
agent to deliver the subpoena shall not constitute a defect in
service.



1328.5. Whenever any peace officer is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he has perceived or
investigated in the course of his duties, where his testimony would
become a matter of public record, and where he is required to state
the place of his residence, he need not state the place of his
residence, but in lieu thereof, he may state his business address.



1328.6. Whenever any criminalist, questioned document examiner,
latent print analyst, polygraph examiner employed by the Department
of Justice, a police department, a sheriff's office, or a district
attorney's office, an intelligence specialist or other technical
specialist employed by the Department of Justice, a custodial officer
employed in a local detention facility, or an employee of the county
welfare department or the department which administers the county
public social services program, is a witness before any court or
magistrate in any criminal action or proceeding in connection with a
matter regarding an event or transaction which he or she has
perceived or investigated in the course of his or her official
duties, where his or her testimony would become a matter of public
record, and where he or she is required to state the place of his or
her residence, he or she need not state the place of his or her
residence, but in lieu thereof, he or she may state his or her
business address, unless the court finds, after an in camera hearing,
that the probative value of the witness's residential address
outweighs the creation of substantial danger to the witness.
Nothing in this section shall abridge or limit a defendant's right
to discover or investigate this information. This section is not
intended to apply to confidential informants.



1328a. A telegraphic copy of a subpoena for a witness in a criminal
proceeding may be sent by telegraph or teletype to one or more peace
officers, and such copy is as effectual in the hands of any officer,
and he must proceed in the same manner under it, as though he held
the original subpoena issued.


1328b. Every officer causing telegraphic copies of subpoenas to be
sent, must certify as correct, and file in the telegraph office from
which such copies are sent, a copy of the subpoena, and must return
the original with a statement of his action thereunder.



1328c. A peace officer must serve in his county or city any
subpoena delivered to him by telegraph or teletype for service and
must without delay make a return of the service by telegraph or
teletype. Any officer making a return of service of a subpoena by
telegraph or teletype must certify as to his actions in making the
service and file in the telegraph office from which the return is
sent a written statement with his signature in the same form as the
return on an original subpoena. The service of a teletype subpoena
is made by showing the original teletype to the witness personally
and informing him of its contents and delivering to him a copy of the
teletype.



1328d. Notwithstanding Section 1328, a subpoena may be delivered by
mail or messenger. Service shall be effected when the witness
acknowledges receipt of the subpoena to the sender, by telephone, by
mail, or in person, and identifies himself or herself by reference to
his or her date of birth and his or her driver's license number or
Department of Motor Vehicles identification card number. The sender
shall make a written notation of the identifying information obtained
during any acknowledgment by telephone or in person. A subpoena
issued and acknowledged pursuant to this section shall have the same
force and effect as a subpoena personally served. Failure to comply
with a subpoena issued and acknowledged pursuant to this section may
be punished as a contempt and the subpoena may so state; provided,
that a warrant of arrest or a body attachment may not be issued based
upon a failure to appear after being subpoenaed pursuant to this
section.
A party requesting a continuance based upon the failure of a
witness to appear in court at the time and place required for his or
her appearance or testimony pursuant to a subpoena, shall prove to
the court that the party has complied with the provisions of this
section. Such a continuance shall only be granted for a period of
time which would allow personal service of the subpoena and in no
event longer than that allowed by law, including the requirements of
Sections 861 and 1382.



1329. (a) When a person attends before a magistrate, grand jury, or
court, as a witness in a criminal case, whether upon a subpoena or
in pursuance of an undertaking, or voluntarily, the court, at its
discretion, if the attendance of the witness be upon a trial may by
an order upon its minutes, or in any criminal proceeding, by a
written order, direct the county auditor to draw his warrant upon the
county treasurer in favor of such witness for witness' fees at the
rate of twelve dollars ($12) for each day's actual attendance and for
a reasonable sum to be specified in the order for the necessary
expenses of such witness. The court, in its discretion, may make an
allowance under this section, or under any appropriate section in
Chapter 1 (commencing with Section 68070), Title 8, of the Government
Code, other than Section 68093. The allowances are county charges.

(b) The court, in its discretion, may authorize payment to such a
witness, if he is employed and if his salary is not paid by his
employer during the time he is absent from his employment because of
being such a witness, of a sum equal to his gross salary for such
time, but such sum shall not exceed eighteen dollars ($18) per day.
The sum is a county charge.
A person compensated under the provisions of this subdivision may
not receive the payment of witness' fees as provided for in
subdivision (a).



1329.1. Any witness who is subpoenaed in any criminal action or
proceeding shall be given written notice on the subpoena that the
witness may be entitled to receive fees and mileage. Such notice
shall indicate generally the manner in which a request or claim for
fees and mileage should be made.



1330. No person is obliged to attend as a witness before a court or
magistrate out of the county where the witness resides, or is served
with the subpoena, unless the distance be less than 150 miles from
his or her place of residence to the place of trial, or unless the
judge of the court in which the offense is triable, or a justice of
the Supreme Court, or a judge of a superior court, or, in the case of
a minor concerning whom a petition has been filed pursuant to
Article 16 (commencing with Section 650) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, by the judge of the
juvenile court hearing the petition, upon an affidavit of the
district attorney or prosecutor, or of the defendant, or his or her
counsel, or in the case involving a minor in whose behalf a petition
has been filed in the juvenile court, of the probation officer
approving the filing of the petition or of any party to the action,
or his or her counsel, stating that he or she believes the evidence
of the witness is material, and his or her attendance at the
examination, trial, or hearing is material and necessary, shall
endorse on the subpoena an order for the attendance of the witness.
When a subpoena duces tecum is duly issued according to any other
provision of law and is served upon a custodian of records or other
qualified witness as provided in Article 4 (commencing with Section
1560) of Chapter 2 of Division 11 of the Evidence Code, and his or
her personal attendance is not required by the terms of the subpoena,
the limitations of this section shall not apply.



1331. Disobedience to a subpoena, or a refusal to be sworn or to
testify as a witness, may be punished by the Court or magistrate as a
contempt. A witness disobeying a subpoena issued on the part of the
defendant, unless he show good cause for his nonattendance, is
liable to the defendant in the sum of one hundred dollars, which may
be recovered in a civil action.



1331.5. Any person who is subpoenaed to appear at a session of
court, or at the trial of an issue therein, may, in lieu of
appearance at the time specified in the subpoena, agree with the
party at whose request the subpoena was issued, to appear at another
time or upon such notice as may be agreed upon. Any failure to
appear pursuant to such agreement may be punished as a contempt, and
a subpoena shall so state. The facts establishing such agreement and
the failure to appear may be shown by the affidavit of any person
having personal knowledge of the facts and the court may grant such
continuance as may be appropriate.


1332. (a) Notwithstanding the provisions of Sections 878 to 883,
inclusive, when the court is satisfied, by proof on oath, that there
is good cause to believe that any material witness for the
prosecution or defense, whether the witness is an adult or a minor,
will not appear and testify unless security is required, at any
proceeding in connection with any criminal prosecution or in
connection with a wardship petition pursuant to Section 602 of the
Welfare and Institutions Code, the court may order the witness to
enter into a written undertaking to the effect that he or she will
appear and testify at the time and place ordered by the court or that
he or she will forfeit an amount the court deems proper.
(b) If the witness required to enter into an undertaking to appear
and testify, either with or without sureties, refuses compliance
with the order for that purpose, the court may commit the witness, if
an adult, to the custody of the sheriff, and if a minor, to the
custody of the probation officer or other appropriate agency, until
the witness complies or is legally discharged.
(c) When a person is committed pursuant to this section, he or she
is entitled to an automatic review of the order requiring a written
undertaking and the order committing the person, by a judge or
magistrate having jurisdiction over the offense other than the one
who issued the order. This review shall be held not later than two
days from the time of the original order of commitment.
(d) If it is determined that the witness must remain in custody,
the witness is entitled to a review of that order after 10 days.
(e) When a witness has entered into an undertaking to appear, upon
his or her failure to do so the undertaking is forfeited in the same
manner as undertakings of bail.

[هيثم الفقى]

1334. This chapter may be cited as the Uniform Act to Secure the
Attendance of Witnesses from without the State in Criminal Cases.



1334.1. As used in this chapter:
(a) "Witness" includes any person whose testimony is desired in
any proceeding or investigation by a grand jury or in any criminal
action, prosecution, or proceeding.
(b) "State" means any State or Territory of the United States and
the District of Columbia.
(c) "Grand jury investigation" means any grand jury investigation
which has commenced or is about to commence.
(d) "Per diem" means a sum of money the purpose of which is to
provide for personal expenses, including, but not limited to, food
and lodging.



1334.2. If a judge of a court of record in any state, which by its
laws provides for commanding persons within that state to attend and
testify in this state, issues a certificate under the seal of the
court that there is a criminal prosecution pending in the court, or
that there is a grand jury investigation, that a person within this
state is a material witness in that prosecution or grand jury
investigation, and that his or her presence will be required for a
specified number of days, then, upon presentation of the certificate
to a judge of a court of record in the county in which the person is,
a time and place for a hearing shall be fixed by the judge and he or
she shall make an order directing the witness to appear at the
hearing.
If, at the hearing, the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending or in which there is a
grand jury investigation will give to the witness protection from
arrest and service of civil and criminal process and will furnish in
advance to the witness the sum of ten cents ($0.10) for each mile
necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airline fare plus twenty cents ($0.20) a
mile for necessary surface travel at either end of the flight if the
witness elects air travel, and, except as provided in subdivision
(b) of Section 1334.3, a per diem of twenty dollars ($20) for each
day that he or she is required to travel and attend as a witness and
that the judge of the court in which the witness is ordered to appear
will order the payment of witness fees authorized by law for each
day the witness is required to attend the court plus reimbursement
for any additional expenses of the witness which the judge of the
court in which the witness is ordered to appear shall find reasonable
and necessary, he or she shall issue a subpoena, with a copy of the
certificate attached, directing the witness to attend and testify in
the court where the prosecution is pending, or where the grand jury
investigation is, at a time and place specified in the subpoena. In
any of these hearings the certificate shall be prima facie evidence
of all the facts stated therein.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his or her attendance therein, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith
brought before him or her for the hearing.
If the judge at the hearing is satisfied of the desirability of
the custody and delivery, for which determination the certificate
shall be prima facie proof of this desirability, he or she may, in
lieu of issuing a subpoena, order that the witness be forthwith taken
into custody and delivered to an officer of the requesting state.
If the witness, who is subpoenaed as provided in this section,
after being paid or tendered by some properly authorized person the
sum or fare, and per diem set forth in this section, fails without
good cause to attend and testify as directed in the subpoena, he or
she shall be punished in the manner provided for the punishment of
any witness who disobeys a subpoena issued from a court of record in
this state.



1334.3. (a) If a person in any state, which by its laws has made
provision for commanding persons within its borders to attend and
testify in criminal prosecutions or grand jury investigations in this
state, is a material witness in a prosecution pending in a court of
record in this state, or in a grand jury investigation, a judge of
such court may issue a certificate under the seal of the court
stating these facts and specifying the number of days the witness
will be required. This certificate shall be presented to a judge of
a court of record in the county of such other state in which the
witness is found.
If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of this state to assure
his or her attendance in this state, the judge may direct that the
witness be forthwith brought before him or her. If the judge is
satisfied of the desirability of the custody and delivery, for which
determination the certificate shall be prima facie proof, he or she
may order that the witness be forthwith taken into custody and
delivered to an officer of this state. This order shall be
sufficient authority to the officer to take the witness into custody
and hold him or her unless and until he or she may be released by
bail, recognizance, or order of the judge issuing the certificate.
If the witness is subpoenaed to attend and testify in this state,
he or she shall be tendered the sum of ten cents ($0.10) for each
mile necessarily traveled if the witness elects surface travel or the
minimum round trip scheduled airlines fare plus twenty cents ($0.20)
a mile for necessary surface travel at either end of the flight if
the witness elects air travel, and except as provided in subdivision
(b), a per diem of twenty dollars ($20) for each day that he or she
is required to travel and attend as a witness. The judge of the
court in which the witness is ordered to appear shall order the
payment of witness fees authorized by law for each day the witness is
required to attend the court plus reimbursement for any additional
expenses of the witness which the judge of the court shall find
reasonable and necessary. A witness who has appeared in accordance
with the provisions of the subpoena shall not be required to remain
within this state a longer period of time than the period mentioned
in the certificate, unless otherwise ordered by the court. If the
witness fails without good cause to attend and testify as directed in
the subpoena, he or she shall be punished in the manner provided for
the punishment of any witness who disobeys a subpoena issued from a
court of record in this state.
(b) If the witness subpoenaed to attend and testify in this state
is at the time he or she is required to appear and testify an inmate
of a state prison, county jail, or other penal facility, the witness
shall, while attending in this state as a witness, be furnished food
and lodging in the jail or other appropriate penal facility in the
county in which the witness is attending court, and food and lodging
of that penal facility shall be rendered in lieu of the per diem
specified in subdivision (a).



1334.4. If a person comes into this State in obedience to a
subpoena directing him to attend and testify in this State, he shall
not, while in this State pursuant to the subpoena or order, be
subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this
State under the subpoena.



1334.5. If a person passes through this State while going to
another State in obedience to a subpoena or order to attend and
testify in that State or while returning therefrom, he shall not
while so passing through this State be subject to arrest or the
service of process, civil or criminal, in connection with matters
which arose before his entrance into this State under the subpoena or
order.


1334.6. This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of the States
which enact similar legislation.

[هيثم الفقى]

1335. (a) When a defendant has been charged with a public offense
triable in any court, he or she in all cases, and the people in cases
other than those for which the punishment may be death, may, if the
defendant has been fully informed of his or her right to counsel as
provided by law, have witnesses examined conditionally in his or her
or their behalf, as prescribed in this chapter.
(b) When a defendant has been charged with a serious felony, the
people or the defendant may, if the defendant has been fully informed
of his or her right to counsel as provided by law, have a witness
examined conditionally as prescribed in this chapter, if there is
evidence that the life of the witness is in jeopardy.
(c) As used in this section, "serious felony" means any of the
felonies listed in subdivision (c) of Section 1192.7 or any violation
of Section 11351, 11352, 11378, or 11379 of the Health and Safety
Code.


1336. (a) When a material witness for the defendant, or for the
people, is about to leave the state, or is so sick or infirm as to
afford reasonable grounds for apprehension that he or she will be
unable to attend the trial, or is a person 65 years of age or older,
or a dependent adult, the defendant or the people may apply for an
order that the witness be examined conditionally.
(b) When there is evidence that the life of a witness is in
jeopardy, the defendant or the people may apply for an order that the
witness be examined conditionally.
(c) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 65, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 65,
who is admitted as an inpatient to a 24-hour facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.



1337. The application shall be made upon affidavit stating all of
the following:
(1) The nature of the offense charged.
(2) The state of the proceedings in the action.
(3) The name and residence of the witness, and that his or her
testimony is material to the defense or the prosecution of the
action.
(4) That the witness is about to leave the state, or is so sick or
infirm as to afford reasonable grounds for apprehending that he or
she will not be able to attend the trial, or is a person 65 years of
age or older, or a dependent adult, or that the life of the witness
is in jeopardy.


1338. The application may be made to the court or a judge thereof,
and must be made upon three days' notice to the opposite party.



1339. If the court or judge is satisfied that the examination of
the witness is necessary, an order must be made that the witness be
examined conditionally, at a specified time and place, and before a
magistrate designated therein.


1340. The defendant has the right to be present in person and with
counsel at such examination, and if the defendant is in custody, the
officer in whose custody he is, must be informed of the time and
place of such examination, and must take the defendant thereto, and
keep him in the presence and hearing of the witness during the
examination.



1341. If, at the time and place so designated, it is shown to the
satisfaction of the magistrate that the witness is not about to leave
the state, or is not sick or infirm, or is not a person 65 years of
age or older, or a dependent adult, or that the life of the witness
is not in jeopardy, or that the application was made to avoid the
examination of the witness at the trial, the examination cannot take
place.



1342. The attendance of the witness may be enforced by a subpoena,
issued by the magistrate before whom the examination is to be taken.



1343. The testimony given by the witness shall be reduced to
writing and authenticated in the same manner as the testimony of a
witness taken in support of an information. Additionally, the
testimony may be video-recorded.


1344. The deposition taken must, by the magistrate, be sealed up
and transmitted to the Clerk of the Court in which the action is
pending or may come for trial.



1345. The deposition, or a certified copy of it, may be read in
evidence, or if the examination was video-recorded, that
video-recording may be shown by either party at the trial if the
court finds that the witness is unavailable as a witness within the
meaning of Section 240 of the Evidence Code. The same objections may
be taken to a question or answer contained in the deposition or
video-recording as if the witness had been examined orally in court.

[هيثم الفقى]

1346. (a) When a defendant has been charged with a violation of
Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 647.6, where the victim either is a person 15
years of age or less or is developmentally disabled as a result of
mental retardation, as specified in subdivision (a) of Section 4512
of the Welfare and Institutions Code, the people may apply for an
order that the victim's testimony at the preliminary hearing, in
addition to being stenographically recorded, be recorded and
preserved on videotape.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is pending.

(d) If at the time of trial the court finds that further testimony
would cause the victim emotional trauma so that the victim is
medically unavailable or otherwise unavailable within the meaning of
Section 240 of the Evidence Code, the court may admit the videotape
of the victim's testimony at the preliminary hearing as former
testimony under Section 1291 of the Evidence Code.
(e) Any videotape which is taken pursuant to this section is
subject to a protective order of the court for the purpose of
protecting the privacy of the victim. This subdivision does not
affect the provisions of subdivision (b) of Section 868.7.
(f) Any videotape made pursuant to this section shall be made
available to the prosecuting attorney, the defendant, and his or her
attorney for viewing during ordinary business hours. Any videotape
which is made available pursuant to this section is subject to a
protective order of the court for the purpose of protecting the
privacy of the victim.
(g) The tape shall be destroyed after five years have elapsed from
the date of entry of judgment; provided, however, that if an appeal
is filed, the tape shall not be destroyed until a final judgment on
appeal has been rendered.



1346.1. (a) When a defendant has been charged with a violation of
Section 262 or subdivision (a) of Section 273.5, the people may apply
for an order that the victim's testimony at the preliminary hearing,
in addition to being stenographically recorded, be recorded and
preserved on videotape.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is
pending.
(d) If the victim's prior testimony given at the preliminary
hearing is admissible pursuant to the Evidence Code, then the
videotape recording of that testimony may be introduced as evidence
at trial.



1347. (a) It is the intent of the Legislature in enacting this
section to provide the court with discretion to employ alternative
court procedures to protect the rights of a child witness, the rights
of the defendant, and the integrity of the judicial process. In
exercising its discretion, the court necessarily will be required to
balance the rights of the defendant or defendants against the need to
protect a child witness and to preserve the integrity of the court's
truthfinding function. This discretion is intended to be used
selectively when the facts and circumstances in the individual case
present compelling evidence of the need to use these alternative
procedures.
(b) Notwithstanding any other law, the court in any criminal
proceeding, upon written notice by the prosecutor made at least three
days prior to the date of the preliminary hearing or trial date on
which the testimony of the minor is scheduled, or during the course
of the proceeding on the court's own motion, may order that the
testimony of a minor 13 years of age or younger at the time of the
motion be taken by contemporaneous examination and cross-examination
in another place and out of the presence of the judge, jury,
defendant or defendants, and attorneys, and communicated to the
courtroom by means of closed-circuit television, if the court makes
all of the following findings:
(1) The minor's testimony will involve a recitation of the facts
of any of the following:
(A) An alleged ***ual offense committed on or with the minor.
(B) An alleged violent felony, as defined in subdivision (c) of
Section 667.5, of which the minor is a victim.
(C) An alleged felony offense specified in Section 273a or 273d of
which the minor is a victim.
(2) The impact on the minor of one or more of the factors
enumerated in subparagraphs (A) to (E), inclusive, is shown by clear
and convincing evidence to be so substantial as to make the minor
unavailable as a witness unless closed-circuit testimony is used.
(A) Testimony by the minor in the presence of the defendant would
result in the child suffering serious emotional distress so that the
child would be unavailable as a witness.
(B) The defendant used a deadly weapon in the commission of the
offense.
(C) The defendant threatened serious bodily injury to the child or
the child's family, threatened incarceration or deportation of the
child or a member of the child's family, threatened removal of the
child from the child's family, or threatened the dissolution of the
child's family in order to prevent or dissuade the minor from
attending or giving testimony at any trial or court proceeding, or to
prevent the minor from reporting the alleged ***ual offense, or from
assisting in criminal prosecution.
(D) The defendant inflicted great bodily injury upon the child in
the commission of the offense.
(E) The defendant or his or her counsel behaved during the hearing
or trial in a way that caused the minor to be unable to continue his
or her testimony.
In making the determination required by this section, the court
shall consider the age of the minor, the relationship between the
minor and the defendant or defendants, any handicap or disability of
the minor, and the nature of the acts charged. The minor's refusal to
testify shall not alone constitute sufficient evidence that the
special procedure described in this section is necessary to obtain
the minor's testimony.
(3) The equipment available for use of closed-circuit television
would accurately communicate the image and demeanor of the minor to
the judge, jury, defendant or defendants, and attorneys.
(c) If the court orders the use of closed-circuit television,
two-way closed-circuit television shall be used, except that if the
impact on the minor of one or more of the factors enumerated in
subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision
(b), is shown by clear and convincing evidence to be so substantial
as to make the minor unavailable as a witness even if two-way
closed-circuit television is used, one-way closed-circuit television
may be used. The prosecution shall give the defendant or defendants
at least 30 days' written notice of the prosecution's intent to seek
the use of one-way closed-circuit television, unless good cause is
shown to the court why this 30-day notice requirement should not
apply.
(d) (1) The hearing on a motion brought pursuant to this section
shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other
law, the court, in determining the merits of the motion, shall not
compel the minor to testify at the hearing; nor shall the court deny
the motion on the ground that the minor has not testified.
(3) In determining whether the impact on an individual child of
one or more of the five factors enumerated in paragraph (2) of
subdivision (b) is so substantial that the minor is unavailable as a
witness unless two-way or one-way closed-circuit television is used,
the court may question the minor in chambers, or at some other
comfortable place other than the courtroom, on the record for a
reasonable period of time with the support person, the prosecutor,
and defense counsel present. The defendant or defendants shall not be
present. The court shall conduct the questioning of the minor and
shall not permit the prosecutor or defense counsel to examine the
minor. The prosecutor and defense counsel shall be permitted to
submit proposed questions to the court prior to the session in
chambers. Defense counsel shall be afforded a reasonable opportunity
to consult with the defendant or defendants prior to the conclusion
of the session in chambers.
(e) When the court orders the testimony of a minor to be taken in
another place outside of the courtroom, the court shall do all of the
following:
(1) Make a brief statement on the record, outside of the presence
of the jury, of the reasons in support of its order. While the
statement need not include traditional findings of fact, the reasons
shall be set forth with sufficient specificity to permit meaningful
review and to demonstrate that discretion was exercised in a careful,
reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no
inferences from the use of closed-circuit television as a means of
facilitating the testimony of the minor.
(3) Instruct respective counsel, outside of the presence of the
jury, that they are to make no comment during the course of the trial
on the use of closed-circuit television procedures.
(4) Instruct the support witness, outside of the presence of the
jury, that he or she is not to coach, cue, or in any way influence or
attempt to influence the testimony of the minor.
(5) Order that a complete record of the examination of the minor,
including the images and voices of all persons who in any way
participate in the examination, be made and preserved on videotape in
addition to being stenographically recorded. The videotape shall be
transmitted to the clerk of the court in which the action is pending
and shall be made available for viewing to the prosecuting attorney,
the defendant or defendants, and his or her attorney during ordinary
business hours. The videotape shall be destroyed after five years
have elapsed from the date of entry of judgment. If an appeal is
filed, the tape shall not be destroyed until a final judgment on
appeal has been ordered. Any videotape that is taken pursuant to this
section is subject to a protective order of the court for the
purpose of protecting the privacy of the witness. This subdivision
does not affect the provisions of subdivision (b) of Section 868.7.
(f) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, only the minor, a support person
designated pursuant to Section 868.5, a nonuniformed bailiff any
technicians necessary to operate the closed-circuit equipment, and,
after consultation with the prosecution and the defense, a
representative appointed by the court, shall be physically present
for the testimony. A videotape shall record the image of the minor
and his or her testimony, and a separate videotape shall record the
image of the support person.
(g) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, the minor shall be brought into
the judge's chambers prior to the taking of his or her testimony to
meet for a reasonable period of time with the judge, the prosecutor,
and defense counsel. A support person for the minor shall also be
present. This meeting shall be for the purpose of explaining the
court process to the child and to allow the attorneys an opportunity
to establish rapport with the child to facilitate later questioning
by closed-circuit television. No participant shall discuss the
defendant or defendants or any of the facts of the case with the
minor during this meeting.
(h) When the court orders the testimony of a minor to be taken in
another place outside the courtroom, nothing in this section
prohibits the court from ordering the minor to be brought into the
courtroom for a limited purpose, including the identification of the
defendant or defendants as the court deems necessary.
(i) The examination shall be under oath, and the defendant or
defendants shall be able to see and hear the minor witness, and if
two-way closed-circuit television is used, the defendant's image
shall be transmitted live to the witness.
(j) Nothing in this section affects the disqualification of
witnesses pursuant to Section 701 of the Evidence Code.
(k) The cost of examination by contemporaneous closed-circuit
television ordered pursuant to this section shall be borne by the
court out of its existing budget.
(l) Nothing in this section shall be construed to prohibit a
defendant from being represented by counsel during any closed-circuit
testimony.


1347.5. (a) It is the intent of the Legislature, in enacting this
section, to provide the court with discretion to modify court
procedures, as a reasonable accommodation, to assure that adults and
children with disabilities who have been victims of an alleged ***ual
or otherwise specified offense are able to participate effectively
in criminal proceedings. In exercising its discretion, the court
shall balance the rights of the defendant against the right of the
victim who has a disability to full access and participation in the
proceedings, while preserving the integrity of the court's
truthfinding function.
(1) For purposes of this section, the term "disability" is defined
in paragraphs (1) and (2) of subdivision (c) of Section 11135 of the
Government Code.
(2) The right of the victim is not to confront the perpetrator,
but derives under both Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. Sec. 794) and the Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 and following) as a right to participate in
or benefit from the same services or services that are equal or as
effective as those enjoyed by persons without disabilities.
(b) Notwithstanding any other law, in any criminal proceeding in
which the defendant is charged with a violation of Section 220,
243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288, 288a, 288.5, or
289, subdivision (1) of Section 314, Section 368, 647.6, or with any
attempt to commit a crime listed in this subdivision, committed with
or upon a person with a disability, the court in its discretion may
make accommodations to support the person with a disability,
including, but not limited to, any of the following:
(1) Allow the person with a disability reasonable periods of
relief from examination and cross-examination during which he or she
may retire from the courtroom. The judge may also allow other
witnesses in the proceeding to be examined when the person with a
disability retires from the courtroom.
(2) Allow the person with a disability to utilize a support person
pursuant to Section 868.5 or a regional center representative
providing services to a developmentally disabled individual pursuant
to Article 1 (commencing with Section 4620) or Article 2 (commencing
with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and
Institutions Code. In addition to, or instead of, allowing the
person with a disability to utilize a support person or regional
center representative pursuant to this paragraph, the court may allow
the person with a disability to utilize a person necessary to
facilitate the communication or physical needs of the person with a
disability.
(3) Notwithstanding Section 68119 of the Government Code, the
judge may remove his or her robe if the judge believes that this
formal attire prevents full participation of the person with a
disability because it is intimidating to him or her.
(4) The judge, parties, witnesses, support persons, and court
personnel may be relocated within the courtroom to facilitate a more
comfortable and personal environment for the person with a disability
as well as accommodating any specific requirements for communication
by that person.
(c) The prosecutor may apply for an order that the testimony of
the person with a disability at the preliminary hearing, in addition
to being stenographically recorded, be recorded and preserved on
videotape.
(1) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(2) Upon timely receipt of the application, the judge shall order
that the testimony of the person with a disability given at the
preliminary hearing be taken and preserved on videotape. The
videotape shall be transmitted to the clerk of the court in which the
action is pending.
(3) If at the time of trial the court finds that further testimony
would cause the person with a disability emotional trauma so that he
or she is medically unavailable or otherwise unavailable within the
meaning of Section 240 of the Evidence Code, the court may admit the
videotape of his or her testimony at the preliminary hearing as
former testimony under Section 1291 of the Evidence Code.
(4) Any videotape that is taken pursuant to this subdivision is
subject to a protective order of the court for the purpose of
protecting the privacy of the person with a disability. This
subdivision does not affect the provisions of subdivision (b) of
Section 868.7.
(d) Notwithstanding any other law, the court in any criminal
proceeding, upon written notice of the prosecutor made at least three
days prior to the date of the preliminary hearing or trial date on
which the testimony of the person with a disability is scheduled, or
during the course of the proceeding on the court's own motion, may
order that the testimony of the person with a disability be taken by
contemporaneous examination and cross-examination in another place
and out of the presence of the judge, jury, and defendant, and
communicated to the courtroom by means of two-way closed-circuit
television, if the court makes all of the following findings:
(1) The person with a disability will be called on to testify
concerning facts of an alleged ***ual offense, or other crime as
specified in subdivision (b), committed on or with that person.
(2) The impact on the person with a disability of one or more of
the factors enumerated in subparagraphs (A) to (D), inclusive, is
shown by clear and convincing evidence to be so substantial as to
make the person with a disability unavailable as a witness unless
closed-circuit television is used. The refusal of the person with a
disability to testify shall not alone constitute sufficient evidence
that the special procedure described in this subdivision is necessary
in order to accommodate the disability. The court may take into
consideration the relationship between the person with a disability
and the defendant or defendants.
(A) Threats of serious bodily injury to be inflicted on the person
with a disability or a family member, of incarceration,
institutionalization, or deportation of the person with a disability
or a family member, or of removal of the person with a disability
from his or her residence by withholding needed services when the
threats come from a service provider, in order to prevent or dissuade
the person with a disability from attending or giving testimony at
any trial or court proceeding or to prevent that person from
reporting the alleged offense or from assisting in criminal
prosecution.
(B) Use of a firearm or any other deadly weapon during the
commission of the crime.
(C) Infliction of great bodily injury upon the person with a
disability during the commission of the crime.
(D) Conduct on the part of the defendant or defense counsel during
the hearing or trial that causes the person with a disability to be
unable to continue his or her testimony.
(e) (1) The hearing on the motion brought pursuant to this
subdivision shall be conducted out of the presence of the jury.
(2) Notwithstanding Section 804 of the Evidence Code or any other
law, the court, in determining the merits of the motion, shall not
compel the person with a disability to testify at the hearing; nor
shall the court deny the motion on the ground that the person with a
disability has not testified.
(3) In determining whether the impact on an individual person with
a disability of one or more of the factors enumerated under
paragraph (2) of subdivision (d) is so substantial that the person is
unavailable as a witness unless the closed-circuit television
procedure is employed, the court may question the person with a
disability in chambers, or at some other comfortable place other than
the courtroom, on the record for a reasonable period of time with
the support person described under paragraph (2) of subdivision (b),
the prosecutor, and defense counsel present. At this time the court
shall explain the process to the person with a disability. The
defendant or defendants shall not be present; however, the defendant
or defendants shall have the opportunity to contemporaneously observe
the proceedings by closed-circuit television. Defense counsel shall
be afforded a reasonable opportunity to consult with the defendant
or defendants prior to the conclusion of the session in chambers.
(f) When the court orders the testimony of a victim who is a
person with a disability to be taken in another place outside of the
courtroom, the court shall do all of the following:
(1) Make a brief statement on the record, outside of the presence
of the jury, of the reasons in support of its order. While the
statement need not include traditional findings of fact, the reasons
shall be set forth with sufficient specificity to permit meaningful
review and to demonstrate that discretion was exercised in a careful,
reasonable, and equitable manner.
(2) Instruct the members of the jury that they are to draw no
inferences from the use of closed-circuit television as a means of
assuring the full participation of the victim who is a person with a
disability by accommodating that individual's disability.
(3) Instruct respective counsel, outside of the presence of the
jury, that they are to make no comment during the course of the trial
on the use of closed-circuit television procedures.
(4) Instruct the support person, if the person is part of the
court's accommodation of the disability, outside of the presence of
the jury, that he or she is not to coach, cue, or in any way
influence or attempt to influence the testimony of the person with a
disability.
(5) Order that a complete record of the examination of the person
with a disability, including the images and voices of all persons who
in any way participate in the examination, be made and preserved on
videotape in addition to being stenographically recorded. The
videotape shall be transmitted to the clerk of the court in which the
action is pending and shall be made available for viewing to the
prosecuting attorney, the defendant, and his or her attorney, during
ordinary business hours. The videotape shall be destroyed after five
years have elapsed from the date of entry of judgment. If an appeal
is filed, the tape shall not be destroyed until a final judgment on
appeal has been ordered. Any videotape that is taken pursuant to
this section is subject to a protective order of the court for the
purpose of protecting the privacy of the person with a disability.
This subdivision does not affect the provisions of subdivision (b) of
Section 868.7.
(g) When the court orders the testimony of a victim who is a
person with a disability to be taken in another place outside the
courtroom, nothing in this section shall prohibit the court from
ordering the victim to appear in the courtroom for a limited purpose,
including the identification of the defendant or defendants as the
court deems necessary.
(h) The examination shall be under oath, and the defendant shall
be able to see and hear the person with a disability. If two-way
closed-circuit television is used, the defendant's image shall be
transmitted live to the person with a disability.
(i) Nothing in this section shall affect the disqualification of
witnesses pursuant to Section 701 of the Evidence Code.
(j) The cost of examination by contemporaneous closed-circuit
television ordered pursuant to this section shall be borne by the
court out of its existing budget.
(k) This section shall not be construed to obviate the need to
provide other accommodations necessary to ensure accessibility of
courtrooms to persons with disabilities nor prescribe a lesser
standard of accessibility or usability for persons with disabilities
than that provided by Title II of the Americans with Disabilities Act
of 1990 (42 U.S.C. Sec. 12101 and following) and federal regulations
adopted pursuant to that act.
(l) The Judicial Council shall report to the Legislature, no later
than two years after the enactment of this subdivision, on the
frequency of the use and effectiveness of admitting the videotape of
testimony by means of closed-circuit television.

[هيثم الفقى]

1349. When an issue of fact is joined upon an indictment or
information, the defendant may have any material witness, residing
out of the state, examined in his behalf, as prescribed in this
chapter, and not otherwise.


1350. When a material witness for the defendant resides out of the
State, the defendant may apply for an order that the witness be
examined on a commission.


1351. A commission is a process issued under the seal of the Court
and the signature of the Clerk, directed to some person designated as
Commissioner, authorizing him to examine the witness upon oath on
interrogatories annexed thereto, to take and certify the deposition
of the witness, and to return it according to the directions given
with the commission.



1352. The application must be made upon affidavit, stating:
1. The nature of the offense charged;
2. The state of the proceedings in the action, and that an issue
of fact has been joined therein;
3. The name of the witness, and that his testimony is material to
the defense of the action;
4. That the witness resides out of the State.



1353. The application may be made to the Court, or a Judge thereof,
and must be upon three days' notice to the District Attorney.



1354. If the Court to whom the application is made is satisfied of
the truth of the facts stated, and that the examination of the
witness is necessary to the attainment of justice, an order must be
made that a commission be issued to take his testimony; and the Court
may insert in the order a direction that the trial be stayed for a
specified time, reasonably sufficient for the execution and return of
the commission.



1355. When the commission is ordered, the defendant must serve upon
the District Attorney, without delay, a copy of the interrogatories
to be annexed thereto, with two days' notice of the time at which
they will be presented to the Court or Judge. The District Attorney
may in like manner serve upon the defendant or his counsel
cross-interrogatories, to be annexed to the commission, with the like
notice. In the interrogatories either party may insert any
questions pertinent to the issue. When the interrogatories and
cross-interrogatories are presented to the Court or Judge, according
to the notice given, the Court or Judge must modify the questions so
as to conform them to the rules of evidence, and must indorse upon
them his allowance and annex them to the commission.



1356. Unless the parties otherwise consent, by an indorsement upon
the commission, the Court or Judge must indorse thereon a direction
as to the manner in which it must be returned, and may, in his
discretion, direct that it be returned by mail or otherwise,
addressed to the Clerk of the Court in which the action is pending,
designating his name and the place where his office is kept.



1357. The commissioner, unless otherwise specially directed, may
execute the commission in the following order:
(a) He or she shall publicly administer an oath to the witness
that his or her answers given to the interrogatories shall be the
truth, the whole truth, and nothing but the truth.
(b) He or she shall cause the examination of the witness to be
reduced to writing and subscribed by the witness.
(c) He or she shall write the answers of the witness as near as
possible in the language in which he or she gives them, and read to
the witness each answer as it is taken down, and correct or add to it
until it conforms to what he or she declares is the truth.
(d) If the witness declines to answer a question, that fact, with
the reason assigned by him or her for declining, shall be stated.
(e) If any papers or documents are produced before him or her and
proved by the witness, they, or copies of them, shall be annexed to
the deposition subscribed by the witness and certified by the
commissioner.
(f) The commissioner shall subscribe his or her name to each sheet
of the deposition, and annex the deposition, with the papers and
documents proved by the witness, or copies thereof, to the
commission, and shall close it up under seal, and address it as
directed by the indorsement thereon.
(g) If there is a direction on the commission to return it by
mail, the commissioner shall immediately deposit it in the nearest
post office. If any other direction is made by the written consent
of the parties, or by the court or judge, on the commission, as to
its return, the commissioner shall comply with the direction.
A copy of this section shall be annexed to the commission.



1358. If the commission and return be delivered by the Commissioner
to an agent, he must deliver the same to the Clerk to whom it is
directed, or to the Judge of the Court in which the action is
pending, by whom it may be received and opened, upon the agent making
affidavit that he received it from the hands of the Commissioner,
and that it has not been opened or altered since he received it.



1359. If the agent is dead, or from sickness or other casualty
unable personally to deliver the commission and return, as prescribed
in the last section, it may be received by the Clerk or Judge from
any other person, upon his making an affidavit that he received it
from the agent; that the agent is dead, or from sickness or other
casualty unable to deliver it; that it has not been opened or altered
since the person making the affidavit received it; and that he
believes it has not been opened or altered since it came from the
hands of the Commissioner.



1360. The clerk or judge receiving and opening the commission and
return shall immediately file it, with the affidavit mentioned in
Sections 1358 and 1359, in the office of the clerk of the court in
which the indictment is pending. If the commission and return is
transmitted by mail, the clerk to whom it is addressed shall receive
it from the post office, and open and file it in his or her office,
where it must remain, unless otherwise directed by the court or
judge.


1361. The commission and return must at all times be open to the
inspection of the parties, who must be furnished by the Clerk with
copies of the same or of any part thereof, on payment of his fees.



1362. The depositions taken under the commission may be read in
evidence by either party on the trial if the court finds that the
witness is unavailable as a witness within the meaning of Section 240
of the Evidence Code. The same objections may be taken to a
question in the interrogatories or to an answer in the deposition as
if the witness had been examined orally in court.

[هيثم الفقى]

TRIAL OR AFTER CONVICTION


1367. (a) A person cannot be tried or adjudged to punishment while
that person is mentally incompetent. A defendant is mentally
incompetent for purposes of this chapter if, as a result of mental
disorder or developmental disability, the defendant is unable to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a rational manner.
(b) Section 1370 shall apply to a person who is charged with a
felony and is incompetent as a result of a mental disorder. Sections
1367.1 and 1370.01 shall apply to a person who is charged with a
misdemeanor or misdemeanors only, and the judge finds reason to
believe that the defendant is mentally disordered, and may, as a
result of the mental disorder, be incompetent to stand trial. Section
1370.1 shall apply to a person who is incompetent as a result of a
developmental disability and shall apply to a person who is
incompetent as a result of a mental disorder, but is also
developmentally disabled.



1367.1. (a) During the pendency of an action and prior to judgment
in a case when the defendant has been charged with a misdemeanor or
misdemeanors only, if the defendant's behavior or other evidence
leads the judge to conclude that there is reason to believe that the
defendant is mentally disordered and as a result may be incompetent
to stand trial, the judge shall state this conclusion and his or her
reasons in the record. The judge shall inquire of the attorney for
the defendant whether, in the opinion of the attorney, the defendant
is mentally disordered. If the defendant is not represented by
counsel, the court shall appoint counsel. At the request of the
defendant or his or her counsel or upon its own motion, the court
shall recess the proceedings for as long as may be reasonably
necessary to permit counsel to confer with the defendant and to form
an opinion as to whether the defendant is mentally disordered at that
time.
(b) If counsel informs the court that he or she believes the
defendant is or may be mentally disordered, the court shall order
that the defendant be referred for evaluation and treatment in
accordance with Section 4011.6. If counsel informs the court that he
or she believes the defendant is not mentally disordered, the court
may nevertheless order that the defendant be referred for evaluation
and treatment in accordance with Section 4011.6. The judge may order
the facility providing evaluation and treatment to provide the court
a copy of the discharge summary at the conclusion of evaluation and
treatment.
(c) Except as provided in Section 1368.1, when an order for
evaluation and treatment in accordance with Section 4011.6 has been
issued, all proceedings in the criminal prosecution shall be
suspended until the evaluation and treatment has been concluded.
If a jury has been impaneled and sworn to try the defendant, the
jury may be discharged if it appears to the court that undue hardship
to the jurors would result if the jury is retained on call.
(d) When evaluation and treatment ordered pursuant to this section
has concluded, the defendant shall be returned to court. If it
appears to the judge that the defendant is competent to stand trial,
the criminal process shall resume, the trial on the offense or
offenses charged shall proceed, and judgment may be pronounced. If
the judge has reason to believe that the defendant may be incompetent
to stand trial despite the treatment ordered pursuant to this
section, the judge may order that the question of the defendant's
mental competence to stand trial is to be determined in a hearing
held pursuant to Sections 1368.1 and 1369. If the defendant is found
mentally incompetent, then the provision of Section 1370.01 shall
apply.


1368. (a) If, during the pendency of an action and prior to
judgment, a doubt arises in the mind of the judge as to the mental
competence of the defendant, he or she shall state that doubt in the
record and inquire of the attorney for the defendant whether, in the
opinion of the attorney, the defendant is mentally competent. If the
defendant is not represented by counsel, the court shall appoint
counsel. At the request of the defendant or his or her counsel or
upon its own motion, the court shall recess the proceedings for as
long as may be reasonably necessary to permit counsel to confer with
the defendant and to form an opinion as to the mental competence of
the defendant at that point in time.
(b) If counsel informs the court that he or she believes the
defendant is or may be mentally incompetent, the court shall order
that the question of the defendant's mental competence is to be
determined in a hearing which is held pursuant to Sections 1368.1 and
1369. If counsel informs the court that he or she believes the
defendant is mentally competent, the court may nevertheless order a
hearing. Any hearing shall be held in the superior court.
(c) Except as provided in Section 1368.1, when an order for a
hearing into the present mental competence of the defendant has been
issued, all proceedings in the criminal prosecution shall be
suspended until the question of the present mental competence of the
defendant has been determined.
If a jury has been impaneled and sworn to try the defendant, the
jury shall be discharged only if it appears to the court that undue
hardship to the jurors would result if the jury is retained on call.

If the defendant is declared mentally incompetent, the jury shall
be discharged.


1368.1. (a) If the action is on a complaint charging a felony,
proceedings to determine mental competence shall be held prior to
the filing of an information unless the counsel for the defendant
requests a preliminary examination under the provisions of Section
859b. At such preliminary examination, counsel for the defendant may
(1) demur, (2) move to dismiss the complaint on the ground that
there is not reasonable cause to believe that a felony has been
committed and that the defendant is guilty thereof, or (3) make a
motion under Section 1538.5.
(b) If the action is on a complaint charging a misdemeanor,
counsel for the defendant may (1) demur, (2) move to dismiss the
complaint on the ground that there is not reasonable cause to believe
that a public offense has been committed and that the defendant is
guilty thereof, or (3) make a motion under Section 1538.5.
(c) In ruling upon any demurrer or motion described in subdivision
(a) or (b), the court may hear any matter which is capable of fair
determination without the personal participation of the defendant.
(d) A demurrer or motion described in subdivision (a) or (b) shall
be made in the court having jurisdiction over the complaint. The
defendant shall not be certified until the demurrer or motion has
been decided.



1369. A trial by court or jury of the question of mental competence
shall proceed in the following order:
(a) The court shall appoint a psychiatrist or licensed
psychologist, and any other expert the court may deem appropriate, to
examine the defendant. In any case where the defendant or the
defendant's counsel informs the court that the defendant is not
seeking a finding of mental incompetence, the court shall appoint two
psychiatrists, licensed psychologists, or a combination thereof. One
of the psychiatrists or licensed psychologists may be named by the
defense and one may be named by the prosecution. The examining
psychiatrists or licensed psychologists shall evaluate the nature of
the defendant's mental disorder, if any, the defendant's ability or
inability to understand the nature of the criminal proceedings or
assist counsel in the conduct of a defense in a rational manner as a
result of a mental disorder and, if within the scope of their
licenses and appropriate to their opinions, whether or not treatment
with antipsychotic medication is medically appropriate for the
defendant and whether antipsychotic medication is likely to restore
the defendant to mental competence. If an examining psychologist is
of the opinion that antipsychotic medication may be medically
appropriate for the defendant and that the defendant should be
evaluated by a psychiatrist to determine if antipsychotic medication
is medically appropriate, the psychologist shall inform the court of
this opinion and his or her recommendation as to whether a
psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists shall also address the issues
of whether the defendant has capacity to make decisions regarding
antipsychotic medication and whether the defendant is a danger to
self or others. If the defendant is examined by a psychiatrist and
the psychiatrist forms an opinion as to whether or not treatment with
antipsychotic medication is medically appropriate, the psychiatrist
shall inform the court of his or her opinions as to the likely or
potential side effects of the medication, the expected efficacy of
the medication, possible alternative treatments, and whether it is
medically appropriate to administer antipsychotic medication in the
county jail. If it is suspected the defendant is developmentally
disabled, the court shall appoint the director of the regional center
for the developmentally disabled established under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
or the designee of the director, to examine the defendant. The court
may order the developmentally disabled defendant to be confined for
examination in a residential facility or state hospital.
The regional center director shall recommend to the court a
suitable residential facility or state hospital. Prior to issuing an
order pursuant to this section, the court shall consider the
recommendation of the regional center director. While the person is
confined pursuant to order of the court under this section, he or she
shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in
support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of
the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of
the defendant's present mental competence.
(d) Each party may offer rebutting testimony, unless the court,
for good reason in furtherance of justice, also permits other
evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted
without final argument, the prosecution shall make its final argument
and the defense shall conclude with its final argument to the court
or jury.
(f) In a jury trial, the court shall charge the jury, instructing
them on all matters of law necessary for the rendering of a verdict.
It shall be presumed that the defendant is mentally competent unless
it is proved by a preponderance of the evidence that the defendant is
mentally incompetent. The verdict of the jury shall be unanimous.




1369.1. (a) As used in this chapter, for the sole purpose of
administering antipsychotic medication pursuant to a court order,
"treatment facility" includes a county jail. Upon the concurrence of
the county board of supervisors, the county mental health director,
and the county sheriff, the jail may be designated to provide
medically approved medication to defendants found to be mentally
incompetent and unable to provide informed consent due to a mental
disorder, pursuant to this chapter. In the case of Madera, Napa, and
Santa Clara Counties, the concurrence shall be with the board of
supervisors, the county mental health director, and the county
sheriff or the chief of corrections. The provisions of Section 1370
and 1370.01 shall apply to antipsychotic medications provided in a
county jail, provided however, that the maximum period of time a
defendant may be treated in a treatment facility pursuant to this
section shall not exceed six months.
(b) The State Department of Mental Health shall report to the
Legislature on or before January 1, 2009, on all of the following:
(1) The number of defendants in the state who are incompetent to
stand trial.
(2) The resources available at state hospitals and local mental
health facilities, other than jails, for returning these defendants
to competence.
(3) Additional resources that are necessary to reasonably treat,
in a reasonable period of time, at the state and local levels,
excluding jails, defendants who are incompetent to stand trial.
(4) What, if any, statewide standards and organizations exist
concerning local treatment facilities that could treat defendants who
are incompetent to stand trial.
(5) Address the concerns regarding defendants who are incompetent
to stand trial who are currently being held in jail awaiting
treatment.
(c) Nothing in this section shall be construed to abrogate or in
any way limit any provision of law enacted to ensure the due process
rights set forth in Sell v. United States (2003) 539 U.S. 166.
(d) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.




1370. (a) (1) (A) If the defendant is found mentally competent, the
criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or
judgment shall be suspended until the person becomes mentally
competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, or to any
other available public or private treatment facility approved by the
community program director that will promote the defendant's speedy
restoration to mental competence, or placed on outpatient status as
specified in Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital or other secure
treatment facility for the care and treatment of the mentally
disordered unless the court makes specific findings on the record
that an alternative placement would provide more appropriate
treatment for the defendant and would not pose a danger to the health
and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered unless
the court makes specific findings on the record that an alternative
placement would provide more appropriate treatment for the defendant
and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others. If the court places a defendant charged with a
violent felony on outpatient status, as specified in Section 1600,
the court must serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will be placed
and the district attorney for the county in which the violent felony
charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
committed to a state hospital or to any other treatment facility. No
person shall be admitted to a state hospital or other treatment
facility or placed on outpatient status under this section without
having been evaluated by the community program director or a
designee.
(B) The court shall hear and determine whether the defendant, with
advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property; involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial; the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner; less
intrusive treatments are unlikely to have substantially the same
results; and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined in
a state hospital or other treatment facility or placed on outpatient
status, either the defendant or the people may request that the
court review any order made pursuant to this subdivision. The
defendant, to the same extent enjoyed by other patients in the state
hospital or other treatment facility, shall have the right to contact
the Patients' Rights Advocate regarding his or her rights under this
section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of subparagraph
(B), the committing court shall be notified of this, including an
assessment of the current mental status of the defendant and the
opinion of the treating psychiatrist that involuntary antipsychotic
medication has become medically necessary and appropriate. The court
shall provide notice to the prosecuting attorney and to the attorney
representing the defendant and shall set a hearing to determine
whether involuntary antipsychotic medication should be ordered in the
manner described in subparagraph (B).
(3) When the court orders that the defendant be confined in a
state hospital or other public or private treatment facility, the
court shall provide copies of the following documents which shall be
taken with the defendant to the state hospital or other treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall select the
hospital in accordance with the policies established by the State
Department of Mental Health.
(6) (A) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, transfer the defendant to a state hospital or to
another public or private treatment facility approved by the
community program director. In the event of dismissal of the criminal
charges before the defendant recovers competence, the person shall
be subject to the applicable provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code). Where either the defendant or the
prosecutor chooses to contest either kind of order of transfer, a
petition may be filed in the court for a hearing, which shall be held
if the court determines that sufficient grounds exist. At the
hearing, the prosecuting attorney or the defendant may present
evidence bearing on the order of transfer. The court shall use the
same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to a state hospital or
secure treatment facility pursuant to clause (ii) or (iii) of
subparagraph (B) of paragraph (1) and is subsequently transferred to
any other facility, copies of the documents specified in paragraph
(3) shall be taken with the defendant to each subsequent facility to
which the defendant is transferred. The transferring facility shall
also notify the appropriate law enforcement agency or agencies having
local jurisdiction at the site of the new facility that the
defendant is a person subject to clause (ii) or (iii) of subparagraph
(B) of paragraph (1).
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, the outpatient treatment staff
shall make a written report to the community program director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
community program director shall report to the court on this matter.
If the defendant has not recovered mental competence, but the report
discloses a substantial likelihood that the defendant will regain
mental competence in the foreseeable future, the defendant shall
remain in the state hospital or other treatment facility or on
outpatient status. Thereafter, at six-month intervals or until the
defendant becomes mentally competent, where the defendant is confined
in a treatment facility, the medical director of the hospital or
person in charge of the facility shall report in writing to the court
and the community program director or a designee regarding the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, after the initial 90-day report,
the outpatient treatment staff shall report to the community program
director on the defendant's progress toward recovery, and the
community program director shall report to the court on this matter
at six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the community program
director or a designee.
(2) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a copy
of its order to the community program director or a designee.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, a defendant who has not recovered mental competence shall be
returned to the committing court. The court shall notify the
community program director or a designee of the return and of any
resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (2) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record. The court shall notify the community program
director or a designee, the sheriff and district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record of the outcome of the conservatorship proceedings.

(3) If a change in placement is proposed for a defendant who is
committed pursuant to subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall provide notice and an opportunity to be heard with
respect to the proposed placement of the defendant to the sheriff and
the district attorney of the county in which criminal charges are
pending.
(4) Where the defendant is confined in a treatment facility, a
copy of any report to the committing court regarding the defendant's
progress toward recovery of mental competence shall be provided by
the committing court to the prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the community program
director or a designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
Mental Health pursuant to Section 1605 of this code and Section 4360
of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.



1370.01. (a) (1) If the defendant is found mentally competent, the
criminal process shall resume, the trial on the offense charged shall
proceed, and judgment may be pronounced. If the defendant is found
mentally incompetent, the trial or judgment shall be suspended until
the person becomes mentally competent, and the court shall order that
(A) in the meantime, the defendant be delivered by the sheriff to an
available public or private treatment facility approved by the
county mental health director that will promote the defendant's
speedy restoration to mental competence, or placed on outpatient
status as specified in this section, and (B) upon the filing of a
certificate of restoration to competence, the defendant be returned
to court in accordance with Section 1372. The court shall transmit a
copy of its order to the county mental health director or his or her
designee.
(2) Prior to making the order directing that the defendant be
confined in a treatment facility or placed on outpatient status, the
court shall proceed as follows:
(A) The court shall order the county mental health director or his
or her designee to evaluate the defendant and to submit to the court
within 15 judicial days of the order a written recommendation as to
whether the defendant should be required to undergo outpatient
treatment, or committed to a treatment facility. No person shall be
admitted to a treatment facility or placed on outpatient status under
this section without having been evaluated by the county mental
health director or his or her designee. No person shall be admitted
to a state hospital under this section unless the county mental
health director finds that there is no less restrictive appropriate
placement available and the county mental health director has a
contract with the State Department of Mental Health for these
placements.
(B) The court shall hear and determine whether the defendant,
with advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious
harm to the physical or mental health of the defendant requires
evidence that the defendant is presently suffering adverse effects to
his or her physical or mental health, or the defendant has
previously suffered these effects as a result of a mental disorder
and his or her condition is substantially deteriorating. The fact
that a defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property; involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial; the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner; less
intrusive treatments are unlikely to have substantially the same
results; and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility, or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to subdivision (b) shall include a
description of any antipsychotic medication administered to the
defendant and its effects and side effects, including effects on the
defendant's appearance or behavior that would affect the defendant's
ability to understand the nature of the criminal proceedings or to
assist counsel in the conduct of a defense in a reasonable manner.
During the time the defendant is confined in a state hospital or
other treatment facility or placed on outpatient status, either the
defendant or the people may request that the court review any order
made pursuant to this subdivision. The defendant, to the same extent
enjoyed by other patients in the state hospital or other treatment
facility, shall have the right to contact the Patients' Rights
Advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of
subparagraph (B), the committing court shall be notified of this,
including an assessment of the current mental status of the defendant
and the opinion of the treating psychiatrist that involuntary
antipsychotic medication has become medically necessary and
appropriate. The court shall provide copies of the report to the
prosecuting attorney and to the attorney representing the defendant
and shall set a hearing to determine whether involuntary
antipsychotic medication should be ordered in the manner described in
subparagraph (B).
(3) When the court, after considering the placement recommendation
of the county mental health director required in paragraph (2),
orders that the defendant be confined in a public or private
treatment facility, the court shall provide copies of the following
documents which shall be taken with the defendant to the treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The county mental health director's placement recommendation
report.
(4) A person subject to commitment under this section may be
placed on outpatient status under the supervision of the county
mental health director or his or her designee by order of the court
in accordance with the procedures contained in Title 15 (commencing
with Section 1600) except that where the term "community program
director" appears the term "county mental health director" shall be
substituted.
(5) If the defendant is committed or transferred to a public or
private treatment facility approved by the county mental health
director, the court may, upon receiving the written recommendation of
the county mental health director, transfer the defendant to another
public or private treatment facility approved by the county mental
health director. In the event of dismissal of the criminal charges
before the defendant recovers competence, the person shall be subject
to the applicable provisions of Part 1 (commencing with Section
5000) of Division 5 of the Welfare and Institutions Code. Where
either the defendant or the prosecutor chooses to contest the order
of transfer, a petition may be filed in the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the county mental health
director or his or her designee.
(b) Within 90 days of a commitment made pursuant to subdivision
(a), the medical director of the treatment facility to which the
defendant is confined shall make a written report to the court and
the county mental health director or his or her designee, concerning
the defendant's progress toward recovery of mental competence. Where
the defendant is on outpatient status, the outpatient treatment
staff shall make a written report to the county mental health
director concerning the defendant's progress toward recovery of
mental competence. Within 90 days of placement on outpatient status,
the county mental health director shall report to the court on this
matter. If the defendant has not recovered mental competence, but
the report discloses a substantial likelihood that the defendant will
regain mental competence in the foreseeable future, the defendant
shall remain in the treatment facility or on outpatient status.
Thereafter, at six-month intervals or until the defendant becomes
mentally competent, where the defendant is confined in a treatment
facility, the medical director of the hospital or person in charge of
the facility shall report in writing to the court and the county
mental health director or a designee regarding the defendant's
progress toward recovery of mental competence. Where the defendant
is on outpatient status, after the initial 90-day report, the
outpatient treatment staff shall report to the county mental health
director on the defendant's progress toward recovery, and the county
mental health director shall report to the court on this matter at
six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the county mental
health director or his or her designee.
(c) (1) If, at the end of one year from the date of commitment or
a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
misdemeanor complaint, whichever is shorter, the defendant has not
recovered mental competence, the defendant shall be returned to the
committing court. The court shall notify the county mental health
director or his or her designee of the return and of any resulting
court orders.
(2) Whenever any defendant is returned to the court pursuant to
subdivision (b) or paragraph (1) of this subdivision and it appears
to the court that the defendant is gravely disabled, as defined in
subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008
of the Welfare and Institutions Code, the court shall order the
conservatorship investigator of the county of commitment of the
defendant to initiate conservatorship proceedings for the defendant
pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5 of the Welfare and Institutions Code. Any hearings
required in the conservatorship proceedings shall be held in the
superior court in the county that ordered the commitment. The court
shall transmit a copy of the order directing initiation of
conservatorship proceedings to the county mental health director or
his or her designee and shall notify the county mental health
director or his or her designee of the outcome of the proceedings.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the county mental health
director or his or her designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
which may be appropriate under Part 1 (commencing with Section 5000)
of Division 5 of the Welfare and Institutions Code.



1370.1. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent and is
developmentally disabled, the trial or judgment shall be suspended
until the defendant becomes mentally competent.
(i) Except as provided in clause (ii) or (iii), the court shall
consider a recommendation for placement, which recommendation shall
be made to the court by the director of a regional center or
designee. In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff or other person
designated by the court to a state hospital or developmental center
for the care and treatment of the developmentally disabled or any
other available residential facility approved by the director of a
regional center for the developmentally disabled established under
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code as will promote the defendant's speedy attainment
of mental competence, or be placed on outpatient status pursuant to
the provisions of Section 1370.4 and Title 15 (commencing with
Section 1600) of Part 2.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall
so notify the court and defendant in writing. After this
notification, and opportunity for hearing, the court shall order that
the defendant be delivered by the sheriff to a state hospital or
other secure treatment facility for the care and treatment of the
developmentally disabled unless the court makes specific findings on
the record that an alternative placement would provide more
appropriate treatment for the defendant and would not pose a danger
to the health and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the developmentally disabled
unless the court makes specific findings on the record that an
alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety of
others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon becoming competent, the court shall order that the
defendant be returned to the committing court pursuant to the
procedures set forth in paragraph (2) of subdivision (a) of Section
1372 or by another person designated by the court. The court shall
further determine conditions under which the person may be absent
from the placement for medical treatment, social visits, and other
similar activities. Required levels of supervision and security for
these activities shall be specified.
(D) The court shall transmit a copy of its order to the regional
center director or designee and to the Director of Developmental
Services.
(E) A defendant charged with a violent felony may not be placed in
a facility or delivered to a state hospital, developmental center,
or residential facility pursuant to this subdivision unless the
facility, state hospital, developmental center, or residential
facility has a secured perimeter or a locked and controlled treatment
facility, and the judge determines that the public safety will be
protected.
(F) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(G) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1370.4 or 1600, only if
the court finds that the placement will not pose a danger to the
health or safety of others.
(H) As used in this section, "developmental disability" means a
disability that originates before an individual attains age 18,
continues, or can be expected to continue, indefinitely and
constitutes a substantial handicap for the individual, and shall not
include other handicapping conditions that are solely physical in
nature. As defined by the Director of Developmental Services, in
consultation with the Superintendent of Public Instruction, this term
shall include mental retardation, cerebral palsy, epilepsy, and
autism. This term shall also include handicapping conditions found
to be closely related to mental retardation or to require treatment
similar to that required for mentally retarded individuals, but shall
not include other handicapping conditions that are solely physical
in nature.
(2) Prior to making the order directing the defendant be confined
in a state hospital, developmental center, or other residential
facility or be placed on outpatient status, the court shall order the
regional center director or designee to evaluate the defendant and
to submit to the court within 15 judicial days of the order a written
recommendation as to whether the defendant should be committed to a
state hospital or developmental center or to any other available
residential facility approved by the regional center director. No
person shall be admitted to a state hospital, developmental center,
or other residential facility or accepted for outpatient status under
Section 1370.4 without having been evaluated by the regional center
director or designee.
(3) When the court orders that the defendant be confined in a
state hospital or other secure treatment facility pursuant to clause
(ii) or (iii) of subparagraph (B) of paragraph (1), the court shall
provide copies of the following documents which shall be taken with
the defendant to the state hospital or other secure treatment
facility where the defendant is to be confined:
(A) State summary criminal history information.
(B) Any arrest reports prepared by the police department or other
law enforcement agency.
(C) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a residential facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
facility other than a state hospital or other secure treatment
facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) (A) If the defendant is committed or transferred to a state
hospital or developmental center pursuant to this section, the court
may, upon receiving the written recommendation of the executive
director of the state hospital or developmental center and the
regional center director that the defendant be transferred to a
residential facility approved by the regional center director, order
the defendant transferred to that facility. If the defendant is
committed or transferred to a residential facility approved by the
regional center director, the court may, upon receiving the written
recommendation of the regional center director, transfer the
defendant to a state hospital or developmental center or to another
residential facility approved by the regional center director.
In the event of dismissal of the criminal charges before the
defendant recovers competence, the person shall be subject to the
applicable provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code) or to commitment or detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code.
The defendant or prosecuting attorney may contest either kind of
order of transfer by filing a petition with the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the regional center director
or designee.
(B) If the defendant is committed to a state hospital or secure
treatment facility pursuant to clause (ii) or (iii) of subparagraph
(B) of paragraph (1) and is subsequently transferred to any other
facility, copies of the documents specified in paragraph (3) shall be
taken with the defendant to the new facility. The transferring
facility shall also notify the appropriate law enforcement agency or
agencies having local jurisdiction at the site of the new facility
that the defendant is a person subject to clause (ii) or (iii) of
subparagraph (B) of paragraph (1).
(b) (1) Within 90 days of admission of a person committed pursuant
to subdivision (a), the executive director or designee of the state
hospital, developmental center, or other facility to which the
defendant is committed or the outpatient supervisor where the
defendant is placed on outpatient status shall make a written report
to the committing court and the regional center director or a
designee concerning the defendant's progress toward becoming mentally
competent. If the defendant has not become mentally competent, but
the report discloses a substantial likelihood the defendant will
become mentally competent within the next 90 days, the court may
order that the defendant shall remain in the state hospital,
developmental center, or other facility or on outpatient status for
that period of time. Within 150 days of an admission made pursuant
to subdivision (a) or if the defendant becomes mentally competent,
the executive director or designee of the hospital or developmental
center or person in charge of the facility or the outpatient
supervisor shall report to the court and the regional center director
or his or her designee regarding the defendant's progress toward
becoming mentally competent. The court shall provide to the
prosecutor and defense counsel copies of all reports under this
section. If the report indicates that there is no substantial
likelihood that the defendant has become mentally competent, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the regional center
director or designee and to the executive director of the
developmental center.
(2) Any defendant who has been committed or has been on outpatient
status for 18 months, and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the regional center
director or designee and the executive director of the developmental
center.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. A copy of this order shall be
sent to the regional center director or designee and to the executive
director of the developmental center.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) (A) At the end of three years from the date of commitment
or a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, any defendant who has not become mentally competent shall be
returned to the committing court.
(B) The court shall notify the regional center director or
designee and the executive director of the developmental center of
that return and of any resulting court orders.
(2) In the event of dismissal of the criminal charges before the
defendant becomes mentally competent, the defendant shall be subject
to the applicable provisions of the Lanterman-Petris-Short Act (Part
1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), or to commitment and detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code. If it is found that the person is not subject to
commitment or detention pursuant to the applicable provision of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code) or to commitment or
detention pursuant to a petition filed pursuant to Section 6502 of
the Welfare and Institutions Code, the individual shall not be
subject to further confinement pursuant to this article and the
criminal action remains subject to dismissal pursuant to Section
1385. The court shall notify the regional center director and the
executive director of the developmental center of any dismissal.
(d) Notwithstanding any other provision of this section, the
criminal action remains subject to dismissal pursuant to Section
1385. If at any time prior to the maximum period of time allowed for
proceedings under this article, the regional center director
concludes that the behavior of the defendant related to the defendant'
s criminal offense has been eliminated during time spent in
court-ordered programs, the court may, upon recommendation of the
regional center director, dismiss the criminal charges. The court
shall transmit a copy of any order of dismissal to the regional
center director and to the executive director of the developmental
center.
(e) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.




1370.2. If a person is adjudged mentally incompetent pursuant to
the provisions of this chapter, the superior court may dismiss any
misdemeanor charge pending against the mentally incompetent person.
Ten days notice shall be given to the district attorney of any motion
to dismiss pursuant to this section. The court shall transmit a
copy of any order dismissing a misdemeanor charge pursuant to this
section to the community program director, the county mental health
director, or the regional center director and the Director of
Developmental Services, as appropriate.



1370.3. A person committed to a state hospital or other treatment
facility under the provisions of this chapter may be placed on
outpatient status from such commitment as provided in Title 15
(commencing with Section 1600) of Part 2.


1370.4. If, in the evaluation ordered by the court under Section
1370.1, the regional center director, or a designee, is of the
opinion that the defendant is not a danger to the health and safety
of others while on outpatient treatment and will benefit from such
treatment, and has obtained the agreement of the person in charge of
a residential facility and of the defendant that the defendant will
receive and submit to outpatient treatment and that the person in
charge of the facility will designate a person to be the outpatient
supervisor of the defendant, the court may order the defendant to
undergo outpatient treatment. All of the provisions of Title 15
(commencing with Section 1600) of Part 2 shall apply where a
defendant is placed on outpatient status under this section, except
that the regional center director shall be substituted for the
community program director, the Director of Developmental Services
for the Director of Mental Health, and a residential facility for a
treatment facility for the purposes of this section.




1370.5. (a) Every person committed to a state hospital or other
public or private mental health facility pursuant to the provisions
of Section 1370, 1370.01, or 1370.1, who escapes from or who escapes
while being conveyed to or from a state hospital or facility, is
punishable by imprisonment in the county jail not to exceed one year
or in the state prison for a determinate term of one year and one
day. The term of imprisonment imposed pursuant to this section shall
be served consecutively to any other sentence or commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed pursuant to the provisions of Section 1370,
1370.01, or 1370.1 shall promptly notify the chief of police of the
city in which the hospital or facility is located, or the sheriff of
the county if the hospital or facility is located in an
unincorporated area, of the escape of the person, and shall request
the assistance of the chief of police or sheriff in apprehending the
person, and shall within 48 hours of the escape of the person orally
notify the court that made the commitment, the prosecutor in the
case, and the Department of Justice of the escape.



1371. The commitment of the defendant, as described in Section 1370
or 1370.01, exonerates his or her bail, or entitles a person,
authorized to receive the property of the defendant, to a return of
any money he or she may have deposited instead of bail, or gives, to
the person or persons found by the court to have deposited any money
instead of bail on behalf of the defendant, a right to the return of
that money.



1372. (a) (1) If the medical director of the state hospital or
other facility to which the defendant is committed, or the community
program director, county mental health director, or regional center
director providing outpatient services, determines that the defendant
has regained mental competence, the director shall immediately
certify that fact to the court by filing a certificate of restoration
with the court by certified mail, return receipt requested. For
purposes of this section, the date of filing shall be the date on the
return receipt.
(2) The court's order committing an individual to a state hospital
or other treatment facility pursuant to Section 1370 shall include
direction that the sheriff shall redeliver the patient to the court
without any further order from the court upon receiving from the
state hospital or treatment facility a copy of the certificate of
restoration.
(3) The defendant shall be returned to the committing court in the
following manner:
(A) A patient who remains confined in a state hospital or other
treatment facility shall be redelivered to the sheriff of the county
from which the patient was committed. The sheriff shall immediately
return the person from the state hospital or other treatment facility
to the court for further proceedings.
(B) The patient who is on outpatient status shall be returned by
the sheriff to court through arrangements made by the outpatient
treatment supervisor.
(C) In all cases, the patient shall be returned to the committing
court no later than 10 days following the filing of a certificate of
restoration. The state shall only pay for 10 hospital days for
patients following the filing of a certificate of restoration of
competency. The State Department of Mental Health shall report to
the fiscal and appropriate policy committees of the Legislature on an
annual basis in February, on the number of days that exceed the
10-day limit prescribed in this subparagraph. This report shall
include, but not be limited to, a data sheet that itemizes by county
the number of days that exceed this 10-day limit during the preceding
year.
(b) If the defendant becomes mentally competent after a
conservatorship has been established pursuant to the applicable
provisions of the Lanterman-Petris-Short Act, Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code,
and Section 1370, the conservator shall certify that fact to the
sheriff and district attorney of the county in which the defendant's
case is pending, defendant's attorney of record, and the committing
court.
(c) When a defendant is returned to court with a certification
that competence has been regained, the court shall notify either the
community program director, the county mental health director, or the
regional center director and the Director of Developmental Services,
as appropriate, of the date of any hearing on the defendant's
competence and whether or not the defendant was found by the court to
have recovered competence.
(d) If the committing court approves the certificate of
restoration to competence as to a person in custody, the court shall
hold a hearing to determine whether the person is entitled to be
admitted to bail or released on own recognizance status pending
conclusion of the proceedings. If the superior court approves the
certificate of restoration to competence regarding a person on
outpatient status, unless it appears that the person has refused to
come to court, that person shall remain released either on own
recognizance status, or, in the case of a developmentally disabled
person, either on the defendant's promise or on the promise of a
responsible adult to secure the person's appearance in court for
further proceedings. If the person has refused to come to court, the
court shall set bail and may place the person in custody until bail
is posted.
(e) A defendant subject to either subdivision (a) or (b) who is
not admitted to bail or released under subdivision (d) may, at the
discretion of the court, upon recommendation of the director of the
facility where the defendant is receiving treatment, be returned to
the hospital or facility of his or her original commitment or other
appropriate secure facility approved by the community program
director, the county mental health director, or the regional center
director. The recommendation submitted to the court shall be based
on the opinion that the person will need continued treatment in a
hospital or treatment facility in order to maintain competence to
stand trial or that placing the person in a jail environment would
create a substantial risk that the person would again become
incompetent to stand trial before criminal proceedings could be
resumed.
(f) Notwithstanding subdivision (e), if a defendant is returned by
the court to a hospital or other facility for the purpose of
maintaining competency to stand trial and that defendant is already
under civil commitment to that hospital or facility from another
county pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code) or as a developmentally disabled person committed pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code, the costs of housing
and treating the defendant in that facility following return
pursuant to subdivision (e) shall be the responsibility of the
original county of civil commitment.



1373. The expense of sending the defendant to the state hospital or
other facility, and of bringing him back, are chargeable to the
county in which the indictment was found or information filed; but
the county may recover them from the estate of the defendant, if he
has any, or from a relative, bound to provide for and maintain him.




1373.5. In every case where a claim is presented to the county for
money due under the provisions of section 1373 of this code, interest
shall be allowed from the date of rejection, if rejected and
recovery is finally had thereon.


1374. When a defendant who has been found incompetent is on
outpatient status under Title 15 (commencing with Section 1600) of
Part 2 and the outpatient treatment staff is of the opinion that the
defendant has recovered competence, the supervisor shall communicate
such opinion to the community program director. If the community
program director concurs, that opinion shall be certified by such
director to the committing court. The court shall calendar the case
for further proceeding pursuant to Section 1372.



1375. Claims by the state for all amounts due from any county by
reason of the provisions of Section 1373 of this code shall be
processed and paid by the county pursuant to the provisions of
Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of
the Government Code.



1375.5. Time spent by a defendant in a hospital or other facility
as a result of a commitment therein as a mentally incompetent
pursuant to this chapter shall be credited on the term of any
imprisonment, if any, for which the defendant is sentenced in the
criminal case which was suspended pursuant to Section 1370 or 1370.1.

As used in this section, "time spent in a hospital or other
facility" includes days a defendant is treated as an outpatient
pursuant to Title 15 (commencing with Section 1600) of Part 2.



1376. (a) As used in this section, "mentally retarded" means the
condition of significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested before the age of 18.
(b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a mental
retardation hearing be conducted. Upon the submission of a
declaration by a qualified expert stating his or her opinion that the
defendant is mentally retarded, the court shall order a hearing to
determine whether the defendant is mentally retarded. At the request
of the defendant, the court shall conduct the hearing without a jury
prior to the commencement of the trial. The defendant's request for
a court hearing prior to trial shall constitute a waiver of a jury
hearing on the issue of mental retardation. If the defendant does
not request a court hearing, the court shall order a jury hearing to
determine if the defendant is mentally retarded. The jury hearing on
mental retardation shall occur at the conclusion of the phase of the
trial in which the jury has found the defendant guilty with a
finding that one or more of the special circumstances enumerated in
Section 190.2 are true. Except as provided in paragraph (3), the
same jury shall make a finding that the defendant is mentally
retarded, or that the defendant is not mentally retarded.
(2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
mental retardation. The defendant shall present evidence in support
of the claim that he or she is mentally retarded. The prosecution
shall present its case regarding the issue of whether the defendant
is mentally retarded. Each party may offer rebuttal evidence. The
court, for good cause in furtherance of justice, may permit either
party to reopen its case to present evidence in support of or
opposition to the claim of retardation. Nothing in this section
shall prohibit the court from making orders reasonably necessary to
ensure the production of evidence sufficient to determine whether or
not the defendant is mentally retarded, including, but not limited
to, the appointment of, and examination of the defendant by,
qualified experts. No statement made by the defendant during an
examination ordered by the court shall be admissible in the trial on
the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant is mentally
retarded. The jury shall return a verdict that either the defendant
is mentally retarded or the defendant is not mentally retarded. The
verdict of the jury shall be unanimous. In any case in which the
jury has been unable to reach a unanimous verdict that the defendant
is mentally retarded, and does not reach a unanimous verdict that the
defendant is not mentally retarded, the court shall dismiss the jury
and order a new jury impaneled to try the issue of mental
retardation. The issue of guilt shall not be tried by the new jury.

(c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is mentally retarded,
the court shall preclude the death penalty and the criminal trial
thereafter shall proceed as in any other case in which a sentence of
death is not sought by the prosecution. If the defendant is found
guilty of murder in the first degree, with a finding that one or more
of the special circumstances enumerated in Section 190.2 are true,
the court shall sentence the defendant to confinement in the state
prison for life without the possibility of parole. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(2) If the court finds that the defendant is not mentally
retarded, the trial court shall proceed as in any other case in which
a sentence of death is sought by the prosecution. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
(1) If the jury finds that the defendant is mentally retarded, the
court shall preclude the death penalty and shall sentence the
defendant to confinement in the state prison for life without the
possibility of parole.
(2) If the jury finds that the defendant is not mentally retarded,
the trial shall proceed as in any other case in which a sentence of
death is sought by the prosecution.
(e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on mental retardation shall occur at the conclusion of the
sanity trial if the defendant is found sane.

[هيثم الفقى]

1377. When the person injured by an act constituting a misdemeanor
has a remedy by a civil action, the offense may be compromised, as
provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of
the duties of his or her office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6
or 273.65.
(e) By or upon any family or household member, or upon any person
when the violation involves any person described in Section 6211 of
the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or
Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6.



1378. If the person injured appears before the court in which the
action is pending at any time before trial, and acknowledges that he
has received satisfaction for the injury, the court may, in its
discretion, on payment of the costs incurred, order all proceedings
to be stayed upon the prosecution, and the defendant to be discharged
therefrom; but in such case the reasons for the order must be set
forth therein, and entered on the minutes. The order is a bar to
another prosecution for the same offense.



1379. No public offense can be compromised, nor can any proceeding
or prosecution for the punishment thereof upon a compromise be
stayed, except as provided in this Chapter.

[هيثم الفقى]

DISMISSAL OF THE ACTION FOR WANT OF PROSECUTION OR
OTHERWISE
1381. Whenever a defendant has been convicted, in any court of this
state, of the commission of a felony or misdemeanor and has been
sentenced to and has entered upon a term of imprisonment in a state
prison or has been sentenced to and has entered upon a term of
imprisonment in a county jail for a period of more than 90 days or
has been committed to and placed in a county jail for more than 90
days as a condition of probation or has been committed to and placed
in an institution subject to the jurisdiction of the Department of
the Youth Authority or whenever any person has been committed to the
custody of the Director of Corrections pursuant to Chapter 1
(commencing with Section 3000) of Division 3 of the Welfare and
Institutions Code and has entered upon his or her term of commitment,
and at the time of the entry upon the term of imprisonment or
commitment there is pending, in any court of this state, any other
indictment, information, complaint, or any criminal proceeding
wherein the defendant remains to be sentenced, the district attorney
of the county in which the matters are pending shall bring the
defendant to trial or for sentencing within 90 days after the person
shall have delivered to said district attorney written notice of the
place of his or her imprisonment or commitment and his or her desire
to be brought to trial or for sentencing unless a continuance beyond
the 90 days is requested or consented to by the person, in open
court, and the request or consent entered upon the minutes of the
court in which event the 90-day period shall commence to run anew
from the date to which the consent or request continued the trial or
sentencing. In the event that the defendant is not brought to trial
or for sentencing within the 90 days the court in which the charge or
sentencing is pending shall, on motion or suggestion of the district
attorney, or of the defendant or person confined in the county jail
or committed to the custody of the Director of Corrections or his or
her counsel, or of the Department of Corrections, or of the
Department of the Youth Authority, or on its own motion, dismiss the
action. If a charge is filed against a person during the time the
person is serving a sentence in any state prison or county jail of
this state or while detained by the Director of Corrections pursuant
to Chapter 1 (commencing with Section 3000) of Division 3 of the
Welfare and Institutions Code or while detained in any institution
subject to the jurisdiction of the Department of the Youth Authority
it is hereby made mandatory upon the district attorney of the county
in which the charge is filed to bring it to trial within 90 days
after the person shall have delivered to said district attorney
written notice of the place of his or her imprisonment or commitment
and his or her desire to be brought to trial upon the charge, unless
a continuance is requested or consented to by the person, in open
court, and the request or consent entered upon the minutes of the
court, in which event the 90-day period shall commence to run anew
from the date to which the request or consent continued the trial.
In the event the action is not brought to trial within the 90 days
the court in which the action is pending shall, on motion or
suggestion of the district attorney, or of the defendant or person
committed to the custody of the Director of Corrections or to a
county jail or his or her counsel, or of the Department of
Corrections, or of the Department of the Youth Authority, or on its
own motion, dismiss the charge. The sheriff, custodian, or jailer
shall endorse upon the written notice of the defendant's desire to be
brought to trial or for sentencing the cause of commitment, the date
of commitment, and the date of release.



1381.5. Whenever a defendant has been convicted of a crime and has
entered upon a term of imprisonment therefor in a federal
correctional institution located in this state, and at the time of
entry upon such term of imprisonment or at any time during such term
of imprisonment there is pending in any court of this state any
criminal indictment, information, complaint, or any criminal
proceeding wherein the defendant remains to be sentenced the district
attorney of the county in which such matters are pending, upon
receiving from such defendant a request that he be brought to trial
or for sentencing, shall promptly inquire of the warden or other head
of the federal correctional institution in which such defendant is
confined whether and when such defendant can be released for trial or
for sentencing. If an assent from authorized federal authorities
for release of the defendant for trial or sentencing is received by
the district attorney he shall bring him to trial or sentencing
within 90 days after receipt of such assent, unless the federal
authorities specify a date of release after 90 days, in which event
the district attorney shall bring the prisoner to trial or sentencing
at such specified time, or unless the defendant requests, in open
court, and receives, or, in open court, consents to, a continuance,
in which event he may be brought to trial or sentencing within 90
days from such request or consent.
If a defendant is not brought to trial or for sentencing as
provided by this section, the court in which the action is pending
shall, on motion or suggestion of the district attorney, or
representative of the United States, or the defendant or his counsel,
dismiss the action.



1382. (a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and
an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial
within 60 days of the defendant's arraignment on an indictment or
information, or reinstatement of criminal proceedings pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or,
in case the cause is to be tried again following a mistrial, an order
granting a new trial from which an appeal is not taken, or an appeal
from the superior court, within 60 days after the mistrial has been
declared, after entry of the order granting the new trial, or after
the filing of the remittitur in the trial court, or after the
issuance of a writ or order which, in effect, grants a new trial,
within 60 days after notice of the writ or order is filed in the
trial court and served upon the prosecuting attorney, or within 90
days after notice of the writ or order is filed in the trial court
and served upon the prosecuting attorney in any case where the
district attorney chooses to resubmit the case for a preliminary
examination after an appeal or the issuance of a writ reversing a
judgment of conviction upon a plea of guilty prior to a preliminary
hearing. However, an action shall not be dismissed under this
paragraph if either of the following circumstances exist:
(A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all parties,
later withdraws his or her waiver in the superior court, the
defendant shall be brought to trial within 60 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. Whenever a case is set for trial
beyond the 60-day period by request or consent, expressed or implied,
of the defendant without a general waiver, the defendant shall be
brought to trial on the date set for trial or within 10 days
thereafter.
Whenever a case is set for trial after a defendant enters either a
general waiver as to the 60-day trial requirement or requests or
consents, expressed or implied, to the setting of a trial date beyond
the 60-day period pursuant to this paragraph, the court may not
grant a motion of the defendant to vacate the date set for trial and
to set an earlier trial date unless all parties are properly noticed
and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,
whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases,
within 45 days after the defendant's arraignment or entry of the
plea, whichever occurs later, or in case the cause is to be tried
again following a mistrial, an order granting a new trial from which
no appeal is taken, or an appeal from a judgment in a misdemeanor or
infraction case, within 30 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the
remittitur is filed in the trial court, or within 30 days after the
date of the reinstatement of criminal proceedings pursuant to Chapter
6 (commencing with Section 1367). However, an action shall not be
dismissed under this subdivision if any of the following
circumstances exist:
(A) The defendant enters a general waiver of the 30-day or 45-day
trial requirement. A general waiver of the 30-day or 45-day trial
requirement entitles the court to set or continue a trial date
without the sanction of dismissal should the case fail to proceed on
the date set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver, the defendant shall be
brought to trial within 30 days of the date of that withdrawal. If a
general time waiver is not expressly entered, subparagraph (B) shall
apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 30-day or 45-day period. In the absence of an express
general time waiver from the defendant, the court shall set a trial
date. Whenever a case is set for trial beyond the 30-day or 45-day
period by request or consent, expressed or implied, of the defendant
without a general waiver, the defendant shall be brought to trial on
the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to
appear on that date and a bench warrant is issued, or the case is
not tried on the date set for trial because of the defendant's
neglect or failure to appear, in which case the defendant shall be
deemed to have been arraigned within the meaning of this subdivision
on the date of his or her subsequent arraignment on a bench warrant
or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior
court on a felony case set for trial or set for a hearing prior to
trial after being held to answer, if the defendant fails to appear on
that date and a bench warrant is issued, the defendant shall be
brought to trial within 60 days after the defendant next appears in
the superior court unless a trial date previously had been set which
is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant
shall not be deemed under this section to have consented to the date
for the defendant's trial unless the court has explained to the
defendant his or her rights under this section and the effect of his
or her consent.



1383. If the defendant is not charged or tried, as provided in
Section 1382, and sufficient reason therefor is shown, the court may
order the action to be continued from time to time, and in the
meantime may discharge the defendant from custody on his or her own
undertaking of bail for his or her appearance to answer the charge at
the time to which the action is continued.



1384. If the judge or magistrate directs the action to be
dismissed, the defendant must, if in custody, be discharged
therefrom; or if admitted to bail, his bail is exonerated, or money
deposited instead of bail must be refunded to him or to the person or
persons found by the court to have deposited said money on behalf of
said defendant.



1385. (a) The judge or magistrate may, either of his or her own
motion or upon the application of the prosecuting attorney, and in
furtherance of justice, order an action to be dismissed. The reasons
for the dismissal must be set forth in an order entered upon the
minutes. No dismissal shall be made for any cause which would be
ground of demurrer to the accusatory pleading.
(b) This section does not authorize a judge to strike any prior
conviction of a serious felony for purposes of enhancement of a
sentence under Section 667.
(c) (1) If the court has the authority pursuant to subdivision (a)
to strike or dismiss an enhancement, the court may instead strike
the additional punishment for that enhancement in the furtherance of
justice in compliance with subdivision (a).
(2) This subdivision does not authorize the court to strike the
additional punishment for any enhancement that cannot be stricken or
dismissed pursuant to subdivision (a).



1385.1. Notwithstanding Section 1385 or any other provision of law,
a judge shall not strike or dismiss any special circumstance which
is admitted by a plea of guilty or nolo contendere or is found by a
jury or court as provided in Sections 190.1 to 190.5, inclusive.



1386. The entry of a nolle prosequi is abolished, and neither the
Attorney General nor the district attorney can discontinue or abandon
a prosecution for a public offense, except as provided in Section
1385.


1387. (a) An order terminating an action pursuant to this chapter,
or Section 859b, 861, 871, or 995, is a bar to any other prosecution
for the same offense if it is a felony or if it is a misdemeanor
charged together with a felony and the action has been previously
terminated pursuant to this chapter, or Section 859b, 861, 871, or
995, or if it is a misdemeanor not charged together with a felony,
except in those felony cases, or those cases where a misdemeanor is
charged with a felony, where subsequent to the dismissal of the
felony or misdemeanor the judge or magistrate finds any of the
following:
(1) That substantial new evidence has been discovered by the
prosecution which would not have been known through the exercise of
due diligence at, or prior to, the time of termination of the action.

(2) That the termination of the action was the result of the
direct intimidation of a material witness, as shown by a
preponderance of the evidence.
(3) That the termination of the action was the result of the
failure to appear by the complaining witness, who had been personally
subpoenaed in a prosecution arising under subdivision (e) of Section
243 or Section 262, 273.5, or 273.6. This paragraph shall apply
only within six months of the original dismissal of the action, and
may be invoked only once in each action. Nothing in this section
shall preclude a defendant from being eligible for diversion.
(b) Notwithstanding subdivision (a), an order terminating an
action pursuant to this chapter is not a bar to another prosecution
for the same offense if it is a misdemeanor charging an offense based
on an act of domestic violence, as defined in subdivisions (a) and
(b) of Section 13700, and the termination of the action was the
result of the failure to appear by the complaining witness, who had
been personally subpoenaed. This subdivision shall apply only within
six months of the original dismissal of the action, and may be
invoked only once in each action. Nothing in this subdivision shall
preclude a defendant from being eligible for diversion.
(c) An order terminating an action is not a bar to prosecution if
a complaint is dismissed before the commencement of a preliminary
hearing in favor of an indictment filed pursuant to Section 944 and
the indictment is based upon the same subject matter as charged in
the dismissed complaint, information, or indictment.
However, if the previous termination was pursuant to Section 859b,
861, 871, or 995, the subsequent order terminating an action is not
a bar to prosecution if:
(1) Good cause is shown why the preliminary examination was not
held within 60 days from the date of arraignment or plea.
(2) The motion pursuant to Section 995 was granted because of any
of the following reasons:
(A) Present insanity of the defendant.
(B) A lack of counsel after the defendant elected to represent
himself or herself rather than being represented by appointed
counsel.
(C) Ineffective assistance of counsel.
(D) Conflict of interest of defense counsel.
(E) Violation of time deadlines based upon unavailability of
defense counsel.
(F) Defendant's motion to withdraw a waiver of the preliminary
examination.
(3) The motion pursuant to Section 995 was granted after dismissal
by the magistrate of the action pursuant to Section 871 and was
recharged pursuant to Section 739.



1387.1. (a) Where an offense is a violent felony, as defined in
Section 667.5 and the prosecution has had two prior dismissals, as
defined in Section 1387, the people shall be permitted one additional
opportunity to refile charges where either of the prior dismissals
under Section 1387 were due solely to excusable neglect. In no case
shall the additional refiling of charges provided under this section
be permitted where the conduct of the prosecution amounted to bad
faith.
(b) As used in this section, "excusable neglect" includes, but is
not limited to, error on the part of the court, prosecution, law
enforcement agency, or witnesses.



1387.2. Upon the express consent of both the people and the
defendant, in lieu of issuing an order terminating an action the
court may proceed on the existing accusatory pleading. For the
purposes of Section 1387, the action shall be deemed as having been
previously terminated. The defendant shall be rearraigned on the
accusatory pleading and a new time period pursuant to Section 859b or
1382 shall commence.



1388. (a) In any case where an order for the dismissal of a felony
action is made, as provided in this chapter, and where the defendant
had been released on his own recognizance for that action, if the
prosecutor files another accusatory pleading against the same
defendant for the same offense, unless the defendant is present in
court at the time of refiling, the district attorney shall send a
letter to the defendant at his last known place of residence, and
shall send a copy to the attorney of record, stating that the case
has been refiled, and setting forth the date, time and place for
rearraignment.
(b) If the defendant fails to appear for arraignment as stated, or
at such time, date, and place as has been subsequently agreed to by
defendant's counsel and the district attorney, then the court shall
issue and have delivered for execution a warrant for his arrest
within 20 days after his failure to appear.
(c) If the defendant was released on his own recognizance on the
original charge, he shall, if he appears as provided in subdivisions
(a) and (b), be released on his own recognizance on the refiled
charge unless it is shown that changed conditions require a different
disposition, in which case bail shall be set at the discretion of
the judge.

[هيثم الفقى]

1389. The agreement on detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally
joining therein in the form substantially as follows:

The Agreement on Detainers

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints,
and difficulties in securing speedy trial of persons already
incarcerated in other jurisdictions, produce uncertainties which
obstruct programs of prisoner treatment and rehabilitation.
Accordingly, it is the policy of the party states and the purpose of
this agreement to encourage the expeditious and orderly disposition
of such charges and determination of the proper status of any and all
detainers based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to such
charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It
is the further purpose of this agreement to provide such cooperative
procedures.

Article II

As used in this agreement:
(a) "State" shall mean a state of the United States; the United
States of America; a territory or possession of the United States;
the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final
disposition pursuant to Article III hereof or at the time that a
request for custody or availability is initiated pursuant to Article
IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article
III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever
during the continuance of the term of imprisonment there is pending
in any other party state any untried indictment, information or
complaint on the basis of which a detainer has been lodged against
the prisoner, he shall be brought to trial within one hundred eighty
days after he shall have caused to be delivered to the prosecuting
officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment,
information or complaint: provided that for good cause shown in open
court, the prisoner or his counsel being present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance. The request of the prisoner shall be accompanied by a
certificate of the appropriate official having custody of the
prisoner, stating the term of commitment under which the prisoner is
being held, the time already served, the time remaining to be served
on the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state parole
agency relating to the prisoner.
(b) The written notice and request for final disposition referred
to in paragraph (a) hereof shall be given or sent by the prisoner to
the warden, commissioner of corrections or other official having
custody of him, who shall promptly forward it together with the
certificate to the appropriate prosecuting official and court by
registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official
having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also
inform him of his right to make a request for final disposition of
the indictment, information or complaint on which the detainer is
based.
(d) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall operate as a request for final
disposition of all untried indictments, informations or complaints on
the basis of which detainers have been lodged against the prisoner
from the state to whose prosecuting official the request for final
disposition is specifically directed. The warden, commissioner of
corrections or other official having custody of the prisoner shall
forthwith notify all appropriate prosecuting officers and courts in
the several jurisdictions within the state to which the prisoner's
request for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to this
paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further
force or effect, and the court shall enter an order dismissing the
same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall also be deemed to be a waiver of
extradition with respect to any charge or proceeding contemplated
thereby or included therein by reason of paragraph (d) hereof, and a
waiver of extradition to the receiving state to serve any sentence
there imposed upon him, after completion of his term of imprisonment
in the sending state. The request for final disposition shall also
constitute a consent by the prisoner to the production of his body in
any court where his presence may be required in order to effectuate
the purposes of this agreement and a further consent voluntarily to
be returned to the original place of imprisonment in accordance with
the provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom he has lodged a detainer and
who is serving a term of imprisonment in any party state made
available in accordance with Article V (a) hereof upon presentation
of a written request for temporary custody or availability to the
appropriate authorities of the state in which the prisoner is
incarcerated: provided that the court having jurisdiction of such
indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that
there shall be a period of thirty days after receipt by the
appropriate authorities before the request be honored, within which
period the governor of the sending state may disapprove the request
for temporary custody or availability, either upon his own motion or
upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner
in custody shall furnish the officer with a certificate stating the
term of commitment under which the prisoner is being held, the time
already served, the time remaining to be served on the sentence, the
amount of good time earned, the time of parole eligibility of the
prisoner, and any decisions of the state parole agency relating to
the prisoner. Said authorities simultaneously shall furnish all
other officers and appropriate courts in the receiving state who have
lodged detainers against the prisoner with similar certificates and
with notices informing them of the request for custody or
availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article,
trial shall be commenced within one hundred twenty days of the
arrival of the prisoner in the receiving state, but for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance.
(d) Nothing contained in this Article shall be construed to
deprive any prisoner of any right which he may have to contest the
legality of his delivery as provided in paragraph (a) hereof, but
such delivery may not be opposed or denied on the ground that the
executive authority of the sending state has not affirmatively
consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner's being returned
to the original place of imprisonment pursuant to Article V(e)
hereof, such indictment, information or complaint shall not be of any
further force or effect, and the court shall enter an order
dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to
deliver temporary custody of such prisoner to the appropriate
authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and
efficient prosecution may be had. If the request for final
disposition is made by the prisoner, the offer of temporary custody
shall accompany the written notice provided for in Article III of
this agreement. In the case of a federal prisoner, the appropriate
authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence
in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for
the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and on
the basis of which the request for temporary custody of the prisoner
has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on
the indictment, information or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article III or Article IV hereof, the appropriate court
of the jurisdiction where the indictment, information or complaint
has been pending shall enter an order dismissing the same with
prejudice, and any detainer based thereon shall cease to be of any
force or effect.
(d) The temporary custody referred to in this agreement shall be
only for the purpose of permitting prosecution on the charge or
charges contained in one or more untried indictments, informations or
complaints which form the basis of the detainer or detainers or for
prosecution on any other charge or charges arising out of the same
transaction. Except for his attendance at court and while being
transported to or from any place at which his presence may be
required, the prisoner shall be held in a suitable jail or other
facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes
of this agreement, the prisoner shall be returned to the sending
state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required by
this agreement, time being served on the sentence shall continue to
run but good time shall be earned by the prisoner only if, and to the
extent that, the law and practice of the jurisdiction which imposed
the sentence may allow.
(g) For all purposes other than that for which temporary custody
as provided in this agreement is exercised, the prisoner shall be
deemed to remain in the custody of and subject to the jurisdiction of
the sending state and any escape from temporary custody may be dealt
with in the same manner as an escape from the original place of
imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is returned
to the territory and custody of the sending state, the state in which
the one or more untried indictments, informations or complaints are
pending or in which trial is being had shall be responsible for the
prisoner and shall also pay all costs of transporting, caring for,
keeping and returning the prisoner. The provisions of this paragraph
shall govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of costs
and responsibilities as between or among themselves. Nothing herein
contained shall be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities
therefor.

Article VI

(a) In determining the duration and expiration dates of the time
periods provided in Articles III and IV of this agreement, the
running of said time periods shall be tolled whenever and for as long
as the prisoner is unable to stand trial, as determined by the court
having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available
by this agreement, shall apply to any person who is adjudged to be
mentally ill.

Article VII

Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively the
terms and provisions of this agreement, and who shall provide, within
and without the state, information necessary to the effective
operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a
party state when such state has enacted the same into law. A state
party to this agreement may withdraw herefrom by enacting a statute
repealing the same. However, the withdrawal of any state shall not
affect the status of any proceedings already initiated by inmates or
by state officers at the time such withdrawal takes effect, nor shall
it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this agreement is
declared to be contrary to the constitution of any party state or of
the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby. If this agreement shall be held contrary to the
constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.



1389.1. The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this State, means
the court in which the indictment, information, or complaint is
filed.


1389.2. All courts, departments, agencies, officers, and employees
of this State and its political subdivisions are hereby directed to
enforce the agreement on detainer and to co-operate with one another
and with other states in enforcing the agreement and effectuating its
purpose.


1389.4. Every person who has been imprisoned in a prison or
institution in this State and who escapes while in the custody of an
officer of this or another state in another state pursuant to the
agreement on detainers is deemed to have violated Section 4530 and is
punishable as provided therein.



1389.5. It shall be lawful and mandatory upon the warden or other
official in charge of a penal or correctional institution in this
State to give over the person of any inmate thereof whenever so
required by the operation of the agreement on detainer. Such
official shall inform such inmate of his rights provided in paragraph
(a) of Article IV of the Agreement on Detainers in Section 1389 of
this code.



1389.6. The Administrator, Interstate Probation and Parole
Compacts, shall administer this agreement.



1389.7. When, pursuant to the agreement on detainers or other
provision of law, a person in actual confinement under sentence of
another jurisdiction is brought before a California court and
sentenced by the judge to serve a California sentence concurrently
with the sentence of the other jurisdiction or has been transferred
to another jurisdiction for concurrent service of previously imposed
sentences, the Board of Prison Terms, and the panels and members
thereof, may meet in such other jurisdiction, or enter into
cooperative arrangements with corresponding agencies in the other
jurisdiction, as necessary to carry out the term-fixing and parole
functions.



1389.8. It shall be the responsibility of the agent of the
receiving state to return the prisoner to the sending state upon
completion of the proceedings.

[هيثم الفقى]

1390. Upon the filing of an accusatory pleading against a
corporation, the court shall issue a summons, signed by the judge
with his name of office, requiring the corporation to appear before
him, at a specified time and place, to answer the charge, the time to
be not less than 10 days after the issuing of the summons.




1391. The summons shall be substantially in the following form:

County of (as the case may be).
The people of the State of California to the (naming the
corporation):
You are hereby summoned to appear before me at (naming the place),
on (specifying the day and hour), to answer an accusatory pleading,
for (designating the offense generally).
Dated this ____ day of ____, 19__.
G.H., Judge, (name of the court).



1392. The summons must be served at least five days before the day
of appearance fixed therein, by delivering a copy thereof and showing
the original to the president or other head of the corporation, or
to the secretary, cashier, managing agent, or an agent of the
corporation designated for service of civil process.




1393. At the appointed time in the summons, the magistrate shall
proceed with the charge in the same manner as in other cases.



1396. If an accusatory pleading is filed, the corporation may
appear by counsel to answer the same, except that in the case of
misdemeanors arising from operation of motor vehicles, or of
infractions arising from operation of motor vehicles, a corporation
may appear by its president, vice president, secretary or managing
agent for the purpose of entering a plea of guilty. If it does not
thus appear, a plea of not guilty shall be entered, and the same
proceedings had thereon as in other cases.



1397. When a fine is imposed upon a corporation on conviction, it
may be collected by virtue of the order imposing it in the manner
provided for enforcement of money judgments generally.

[هيثم الفقى]

1401. It is not necessary to entitle an affidavit or deposition in
the action, whether taken before or after indictment or information,
or upon an appeal; but if made without a title, or with an erroneous
title, it is as valid and effectual for every purpose as if it were
duly entitled, if it intelligibly refer to the proceeding,
indictment, information, or appeal in which it is made.

[هيثم الفقى]

1404. Neither a departure from the form or mode prescribed by this
Code in respect to any pleading or proceeding, nor an error or
mistake therein, renders it invalid, unless it has actually
prejudiced the defendant, or tended to his prejudice, in respect to a
substantial right.



1405. (a) A person who was convicted of a felony and is currently
serving a term of imprisonment may make a written motion before the
trial court that entered the judgment of conviction in his or her
case, for performance of forensic deoxyribonucleic acid (DNA)
testing.
(b) (1) An indigent convicted person may request appointment of
counsel to prepare a motion under this section by sending a written
request to the court. The request shall include the person's
statement that he or she was not the perpetrator of the crime and
that DNA testing is relevant to his or her assertion of innocence.
The request also shall include the person's statement as to whether
he or she previously has had counsel appointed under this section.
(2) If any of the information required in paragraph (1) is missing
from the request, the court shall return the request to the
convicted person and advise him or her that the matter cannot be
considered without the missing information.
(3) (A) Upon a finding that the person is indigent, he or she has
included the information required in paragraph (1), and counsel has
not previously been appointed pursuant to this subdivision, the court
shall appoint counsel to investigate and, if appropriate, to file a
motion for DNA testing under this section and to represent the person
solely for the purpose of obtaining DNA testing under this section.

(B) Upon a finding that the person is indigent, and counsel
previously has been appointed pursuant to this subdivision, the court
may, in its discretion, appoint counsel to investigate and, if
appropriate, to file a motion for DNA testing under this section and
to represent the person solely for the purpose of obtaining DNA
testing under this section.
(4) Nothing in this section shall be construed to provide for a
right to the appointment of counsel in a postconviction collateral
proceeding, or to set a precedent for any such right, in any context
other than the representation being provided an indigent convicted
person for the limited purpose of filing and litigating a motion for
DNA testing pursuant to this section.
(c) (1) The motion shall be verified by the convicted person under
penalty of perjury and shall do all of the following:
(A) Explain why the identity of the perpetrator was, or should
have been, a significant issue in the case.
(B) Explain, in light of all the evidence, how the requested DNA
testing would raise a reasonable probability that the convicted
person's verdict or sentence would be more favorable if the results
of DNA testing had been available at the time of conviction.
(C) Make every reasonable attempt to identify both the evidence
that should be tested and the specific type of DNA testing sought.
(D) Reveal the results of any DNA or other biological testing that
was conducted previously by either the prosecution or defense, if
known.
(E) State whether any motion for testing under this section
previously has been filed and the results of that motion, if known.
(2) Notice of the motion shall be served on the Attorney General,
the district attorney in the county of conviction, and, if known, the
governmental agency or laboratory holding the evidence sought to be
tested. Responses, if any, shall be filed within 60 days of the date
on which the Attorney General and the district attorney are served
with the motion, unless a continuance is granted for good cause.
(d) If the court finds evidence was subjected to DNA or other
forensic testing previously by either the prosecution or defense, it
shall order the party at whose request the testing was conducted to
provide all parties and the court with access to the laboratory
reports, underlying data, and laboratory notes prepared in connection
with the DNA or other biological evidence testing.
(e) The court, in its discretion, may order a hearing on the
motion. The motion shall be heard by the judge who conducted the
trial, or accepted the convicted person's plea of guilty or nolo
contendre, unless the presiding judge determines that judge is
unavailable. Upon request of either party, the court may order, in
the interest of justice, that the convicted person be present at the
hearing of the motion.
(f) The court shall grant the motion for DNA testing if it
determines all of the following have been established:
(1) The evidence to be tested is available and in a condition that
would permit the DNA testing requested in the motion.
(2) The evidence to be tested has been subject to a chain of
custody sufficient to establish it has not been substituted, tampered
with, replaced or altered in any material aspect.
(3) The identity of the perpetrator of the crime was, or should
have been, a significant issue in the case.
(4) The convicted person has made a prima facie showing that the
evidence sought to be tested is material to the issue of the
convicted person's identity as the perpetrator of, or accomplice to,
the crime, special circumstance, or enhancement allegation that
resulted in the conviction or sentence.
(5) The requested DNA testing results would raise a reasonable
probability that, in light of all the evidence, the convicted person'
s verdict or sentence would have been more favorable if the results
of DNA testing had been available at the time of conviction. The
court in its discretion may consider any evidence whether or not it
was introduced at trial.
(6) The evidence sought to be tested meets either of the following
conditions:
(A) The evidence was not tested previously.
(B) The evidence was tested previously, but the requested DNA test
would provide results that are reasonably more discriminating and
probative of the identity of the perpetrator or accomplice or have a
reasonable probability of contradicting prior test results.
(7) The testing requested employs a method generally accepted
within the relevant scientific community.
(8) The motion is not made solely for the purpose of delay.
(g) (1) If the court grants the motion for DNA testing, the court
order shall identify the specific evidence to be tested and the DNA
technology to be used.
(2) The testing shall be conducted by a laboratory mutually agreed
upon by the district attorney in a noncapital case, or the Attorney
General in a capital case, and the person filing the motion. If the
parties cannot agree, the court shall designate the laboratory to
conduct the testing and shall consider designating a laboratory
accredited by the American Society of Crime Laboratory Directors
Laboratory Accreditation Board (ASCLD/LAB).
(h) The result of any testing ordered under this section shall be
fully disclosed to the person filing the motion, the district
attorney, and the Attorney General. If requested by any party, the
court shall order production of the underlying laboratory data and
notes.
(i) (1) The cost of DNA testing ordered under this section shall
be borne by the state or the applicant, as the court may order in the
interests of justice, if it is shown that the applicant is not
indigent and possesses the ability to pay. However, the cost of any
additional testing to be conducted by the district attorney or
Attorney General shall not be borne by the convicted person.
(2) In order to pay the state's share of any testing costs, the
laboratory designated in subdivision (g) shall present its bill for
services to the superior court for approval and payment. It is the
intent of the Legislature to appropriate funds for this purpose in
the 2000-01 Budget Act.
(j) An order granting or denying a motion for DNA testing under
this section shall not be appealable, and shall be subject to review
only through petition for writ of mandate or prohibition filed by the
person seeking DNA testing, the district attorney, or the Attorney
General. The petition shall be filed within 20 days after the court'
s order granting or denying the motion for DNA testing. In a
noncapital case, the petition for writ of mandate or prohibition
shall be filed in the court of appeal. In a capital case, the
petition shall be filed in the California Supreme Court. The court
of appeal or California Supreme Court shall expedite its review of a
petition for writ of mandate or prohibition filed under this
subdivision.
(k) DNA testing ordered by the court pursuant to this section
shall be done as soon as practicable. However, if the court finds
that a miscarriage of justice will otherwise occur and that it is
necessary in the interests of justice to give priority to the DNA
testing, a DNA laboratory shall be required to give priority to the
DNA testing ordered pursuant to this section over the laboratory's
other pending casework.
(l) DNA profile information from biological samples taken from a
convicted person pursuant to a motion for postconviction DNA testing
is exempt from any law requiring disclosure of information to the
public.
(m) Notwithstanding any other provision of law, the right to file
a motion for postconviction DNA testing provided by this section is
absolute and shall not be waived. This prohibition applies to, but is
not limited to, a waiver that is given as part of an agreement
resulting in a plea of guilty or nolo contendre.
(n) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

[هيثم الفقى]

1407. When property, alleged to have been stolen or embezzled,
comes into the custody of a peace officer, he shall hold it subject
to the provisions of this chapter relating to the disposal thereof.



1408. On the application of the owner and on satisfactory proof of
his ownership of the property, after reasonable notice and
opportunity to be heard has been given to the person from whom
custody of the property was taken and any other person as required by
the magistrate, the magistrate before whom the complaint is laid, or
who examines the charge against the person accused of stealing or
embezzling it, shall order it to be delivered, without prejudice to
the state, to the owner, on his paying the necessary expenses
incurred in its preservation, to be certified by the magistrate. The
order entitles the owner to demand and receive the property.




1409. If property stolen or embezzled comes into the custody of the
magistrate, it shall be delivered, without prejudice to the state,
to the owner upon his application to the court and on satisfactory
proof of his title, after reasonable notice and opportunity to be
heard has been given to the person from whom custody of the property
was taken and any other person as required by the magistrate, and on
his paying the necessary expenses incurred in its preservation, to be
certified by the magistrate.



1410. If the property stolen or embezzled has not been delivered to
the owner, the court before which a trial is had for stealing or
embezzling it, upon the application of the owner to the court and on
proof of his title, after reasonable notice and opportunity to be
heard has been given to the person from whom custody of the property
was taken and any other person as required by the court, may order it
to be restored to the owner without prejudice to the state.



1411. If the ownership of the property stolen or embezzled and the
address of the owner, and the address of the owner of a security
interest therein, can be reasonably ascertained, the peace officer
who took custody of the property shall notify the owner, and a person
having a security interest therein, by letter of the location of the
property and the method by which the owner may obtain it. This
notice shall be given upon the conviction of a person for an offense
involving the theft, embezzlement, or possession of the property, or
if a conviction was not obtained, upon the making of a decision by
the district attorney not to file the case or upon the termination of
the proceedings in the case. Except as provided in Section 217 of
the Welfare and Institutions Code, if the property stolen or
embezzled is not claimed by the owner before the expiration of three
months after the giving of this notice, or, in any case in which such
a notice is not given, before the expiration of six months from the
conviction of a person for an offense involving the theft,
embezzlement, or possession of the property, or if a conviction was
not obtained, then from the time the property came into the
possession of the peace officer or the case involving the person from
whom it was obtained is disposed of, whichever is later, the
magistrate or other officer having it in custody may, on the payment
of the necessary expenses incurred in its preservation, deliver it to
the county treasurer or other proper county officer, by whom it
shall be sold and the proceeds paid into the county treasury.
However, notwithstanding any other provision of law, if the person
from whom custody of the property was taken is a secondhand dealer or
licensed pawnbroker and reasonable but unsuccessful efforts have
been made to notify the owner of the property and the property is no
longer needed for the criminal proceeding, the property shall be
returned to the secondhand dealer or pawnbroker who had custody of
the property and be treated as regularly acquired property. If the
property is transferred to the county purchasing agent it may be sold
in the manner provided by Article 7 (commencing with Section 25500)
of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government
Code for the sale of surplus personal property. If the county
officer determines that any of the property transferred to him or her
for sale is needed for a public use, the property may be retained by
the county and need not be sold. The magistrate or other officer
having the property in custody may, however, provide for the sale of
the property in the manner provided for the sale of unclaimed
property which has been held for at least three months pursuant to
Section 2080.4 of the Civil Code.



1412. When money or other property is taken from a defendant,
arrested upon a charge of a public offense, the officer taking it
must at the time give duplicate receipts therefor, specifying
particularly the amount of money or the kind of property taken; one
of which receipts he must deliver to the defendant and the other of
which he must forthwith file with the Clerk of the Court to which the
depositions and statement are to be sent. When such property is
taken by a police officer of any incorporated city or town, he must
deliver one of the receipts to the defendant, and one, with the
property, at once to the Clerk or other person in charge of the
police office in such city or town.



1413. (a) The clerk or person having charge of the property section
for any police department in any incorporated city or town, or for
any sheriff's department in any county, shall enter in a suitable
book a description of every article of property alleged to be stolen
or embezzled, and brought into the office or taken from the person of
a prisoner, and shall attach a number to each article, and make a
corresponding entry thereof. He may engrave or imbed an
identification number in property described in Section 537e for the
purposes thereof.
(b) The clerk or person in charge of the property section may,
upon satisfactory proof of the ownership of property held pursuant to
Section 1407, and upon presentation of proper personal
identification, deliver it to the owner. Such delivery shall be
without prejudice to the state or to the person from whom custody of
the property was taken or to any other person who may have a claim
against the property. Prior to such delivery such clerk or person in
charge of the property section shall make and retain a complete
photographic record of such property. The person to whom property is
delivered shall sign, under penalty of perjury, a declaration of
ownership, which shall be retained by the clerk or person in charge
of the property section. This subdivision shall not apply to any
property subject to forfeiture under any provision of law. This
subdivision shall not apply unless the clerk or person in charge of
the property section has served upon the person from whom custody of
the property was taken a notice of a claim of ownership and a copy of
the satisfactory proof of ownership tendered and has allowed such
person reasonable opportunity to be heard as to why the property
should not be delivered to the person claiming ownership.
If the person upon whom a notice of claim and proof of ownership
has been served does not respond asserting a claim to the property
within 15 days from the date of receipt of the service, the property
may be disposed of in a manner not inconsistent with the provisions
of this section.
(c) The magistrate before whom the complaint is laid, or who
examines the charge against the person accused of stealing or
embezzling the property, or the court before which a trial is had for
stealing or embezzling it, shall upon application by the person from
whom custody of the property was taken, review the determination of
the clerk or person in charge of the property section, and may order
the property taken into the custody of the court upon a finding that
the person to whom the property was delivered is not entitled
thereto. Such court shall make its determination in the same manner
as a determination is made when the matter is before the court
pursuant to Sections 1408 to 1410, inclusive.
(d) The clerk or person in charge of the property section is not
liable in damages for any official action performed hereunder in good
faith.

[هيثم الفقى]

1417. All exhibits which have been introduced or filed in any
criminal action or proceeding shall be retained by the clerk of the
court who shall establish a procedure to account for the exhibits
properly, subject to Sections 1417.2 and 1417.3 until final
determination of the action or proceedings and the exhibits shall
thereafter be distributed or disposed of as provided in this chapter.



1417.1. No order shall be made for the destruction of an exhibit
prior to the final determination of the action or proceeding. For
the purposes of this chapter, the date when a criminal action or
proceeding becomes final is as follows:
(a) When no notice of appeal is filed, 30 days after the last day
for filing that notice.
(b) When a notice of appeal is filed, 30 days after the date the
clerk of the court receives the remittitur affirming the judgment.
(c) When an order for a rehearing, a new trial, or other
proceeding is granted and the ordered proceedings have not been
commenced within one year thereafter, one year after the date of that
order.
(d) In cases where the death penalty is imposed, 30 days after the
date of execution of sentence.



1417.2. Notwithstanding Section 1417.5, the court may, on
application of the party entitled thereto or an agent designated in
writing by the owner, order an exhibit delivered to that party at any
time prior to the final determination of the action or proceeding,
upon stipulation of the parties or upon notice and motion if both of
the following requirements are met:
(a) No prejudice will be suffered by either party.
(b) A full and complete photographic record is made of the
exhibits so released.
The party to whom the exhibit is being returned shall provide the
photographic record. This section shall not apply to any material,
the release of which is prohibited by Section 1417.6.



1417.3. (a) At any time prior to the final determination of the
action or proceeding, exhibits offered by the state or defendant
shall be returned to the party offering them by order of the court
when an exhibit poses a security, storage, or safety problem, as
recommended by the clerk of the court. If an exhibit by its nature
is severable the court shall order the clerk to retain a portion of
the exhibit not exceeding three pounds by weight or one cubic foot by
volume and shall order the return of the balance of the exhibit to
the district attorney. The clerk, upon court order, shall substitute
a full and complete photographic record of any exhibit or part of
any exhibit returned to the state under this section. The party to
whom the exhibit is being returned shall provide the photographic
record.
(b) Exhibits toxic by their nature that pose a health hazard to
humans shall be introduced to the court in the form of a photographic
record and a written chemical analysis certified by competent
authority. Where the court finds that good cause exists to depart
from this procedure, toxic exhibits may be brought into the courtroom
and introduced. However, following introduction of the exhibit, the
person or persons previously in possession of the exhibit shall take
responsibility for it and the court shall not be required to store
the exhibit.



1417.5. Except as provided in Section 1417.6, 60 days after the
final determination of a criminal action or proceeding, the clerk of
the court shall dispose of all exhibits introduced or filed in the
case and remaining in the clerk's possession, as follows:
(a) If the name and address of the person from whom the exhibit
was taken is contained in the court record, the clerk shall notify
the person that he or she may make application to the court for
release of the exhibits within 15 days of receipt of the
notification.
(b) The court shall order the release of exhibits free of charge,
without prejudice to the state, upon application, to the following:
(1) First, the person from whom the exhibits were taken into
custody, provided that the person was in lawful possession of the
exhibits.
(2) Second, a person establishing title to, or a right to
possession of, the exhibits.
(c) If the party entitled to an exhibit fails to apply for the
return of the exhibit prior to the date for disposition under this
section, the following procedures shall apply:
(1) Exhibits of stolen or embezzled property other than money
shall be disposed of pursuant to court order as provided in Section
1417.6.
(2) Exhibits of property other than property which is stolen or
embezzled or property which consists of money or currency shall,
except as otherwise provided in this paragraph and in paragraph (3),
be transferred to the appropriate county agency for sale to the
public in the same manner provided by Article 7 (commencing with
Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the
Government Code for the sale of surplus personal property. If the
county determines that any property is needed for a public use, the
property may be retained by the county and need not be sold.
(3) Exhibits of property, other than money, currency, or stolen or
embezzled property, that are determined by the court to have no
value at public sale shall be destroyed or otherwise disposed of
pursuant to court order.
(4) Exhibits of money or currency shall be disposed of pursuant to
Section 1420.


1417.6. (a) The provisions of Section 1417.5 shall not apply to any
dangerous or deadly weapons, narcotic or poisonous drugs,
explosives, or any property of any kind or character whatsoever the
possession of which is prohibited by law and that was used by a
defendant in the commission of the crime of which the defendant was
convicted, or with which the defendant was armed or that the
defendant had upon his or her person at the time of the defendant's
arrest.
Any of this property introduced or filed as an exhibit shall be,
by order of the trial court, destroyed or otherwise disposed of under
the conditions provided in the order no sooner than 60 days
following the final determination of the criminal action or
proceeding.
(b) (1) Every person who knowingly has in his or her possession
any tool or device that is seized and of a type used in the
commission of a violation of Section 10801, 10802, or 10803 of the
Vehicle Code, shall be subject to having the tool or device intended
for the above purpose deemed a nuisance as provided in paragraph (2).

(2) An evidentiary hearing shall be held only upon conviction of
the defendant for a violation of Section 10801, 10802, or 10803 of
the Vehicle Code and after 15 days' notice is given to the defendant
of the state's intent to declare as a nuisance any property that is
described in paragraph (1). All relevant evidence shall be
admissible at the hearing and the state shall prove by a
preponderance of the evidence that the property seized is of a type
used in facilitating the commission of the crime of which the
defendant was convicted.
(3) If a person purports to be the lawful owner of any tool or
device the state seeks to be declared a nuisance, the person shall
show proof by a preponderance of the evidence at the hearing pursuant
to paragraph (2), that he or she owns the tool or device, and the
illegal use of the tool or device was without his or her knowledge or
consent.
(4) Following a determination that the property shall be declared
a nuisance, the property shall be disposed of as provided in
paragraph (2) or (3) of subdivision (b) of Section 1417.5.



1417.7. Not less than 15 days before any proposed disposition of an
exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court
shall notify the district attorney (or other prosecuting attorney),
the attorney of record for each party, and each party who is not
represented by counsel of the proposed disposition. Before the
disposition, any party, at his or her own expense, may cause to be
prepared a photographic record of all or part of the exhibit by a
person who is not a party or attorney of a party. The clerk of the
court shall observe the taking of the photographic record and, upon
receipt of a declaration of the person making the photographic record
that the copy and negative of the photograph delivered to the clerk
is a true, unaltered, and unretouched print of the photographic
record taken in the presence of the clerk, the clerk shall certify
the photographic record as such without charge and retain it
unaltered for a period of 60 days following the final determination
of the criminal action or proceeding. A certified photographic
record of exhibits shall not be deemed inadmissible pursuant to
Section 1521 or 1522 of the Evidence Code.



1417.8. (a) Notwithstanding any other provision of this chapter,
the court shall direct that any photograph of any minor that has been
found by the court to be harmful matter, as defined in Section 313,
and introduced or filed as an exhibit in any criminal proceeding
specified in subdivision (b) be handled as follows:
(1) Prior to the final determination of the action or proceeding,
the photograph shall be available only to the parties or to a person
named in a court order to receive the photograph.
(2) After the final determination of the action or proceeding, the
photograph shall be preserved with the permanent record maintained
by the clerk of the court. The photograph may be disposed of or
destroyed after preservation through any appropriate photographic or
electronic medium. If the photograph is disposed of, it shall be
rendered unidentifiable before the disposal. No person shall have
access to the photograph unless that person has been named in a court
order to receive the photograph. Any copy, negative, reprint, or
other duplication of the photograph in the possession of the state, a
state agency, the defendant, or an agent of the defendant, shall be
delivered to the clerk of the court for disposal whether or not the
defendant was convicted of the offense.
(b) The procedure provided by subdivision (a) shall apply to
actions listed under subdivision (c) of Section 290, and to acts
under the following provisions:
(1) Section 261.5.
(2) Section 272.
(3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part
1.
(4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part
1.
(c) For the purposes of this section, "photograph" means any
photographic image contained in a digital format or on any chemical,
mechanical, magnetic, or electronic medium.



1417.9. (a) Notwithstanding any other provision of law and subject
to subdivision (b), the appropriate governmental entity shall retain
all biological material that is secured in connection with a criminal
case for the period of time that any person remains incarcerated in
connection with that case. The governmental entity shall have the
discretion to determine how the evidence is retained pursuant to this
section, provided that the evidence is retained in a condition
suitable for deoxyribonucleic acid (DNA) testing.
(b) A governmental entity may dispose of biological material
before the expiration of the period of time described in subdivision
(a) if all of the conditions set forth below are met:
(1) The governmental entity notifies all of the following persons
of the provisions of this section and of the intention of the
governmental entity to dispose of the material: any person, who as a
result of a felony conviction in the case is currently serving a
term of imprisonment and who remains incarcerated in connection with
the case, any counsel of record, the public defender in the county of
conviction, the district attorney in the county of conviction, and
the Attorney General.
(2) The notifying entity does not receive, within 90 days of
sending the notification, any of the following:
(A) A motion filed pursuant to Section 1405. However, upon filing
of that motion, the governmental entity shall retain the material
only until the time that the court's denial of the motion is final.
(B) A request under penalty of perjury that the material not be
destroyed or disposed of because the declarant will file within 180
days a motion for DNA testing pursuant to Section 1405 that is
followed within 180 days by a motion for DNA testing pursuant to
Section 1405, unless a request for an extension is requested by the
convicted person and agreed to by the governmental entity in
possession of the evidence.
(C) A declaration of innocence under penalty of perjury that has
been filed with the court within 180 days of the judgment of
conviction or July 1, 2001, whichever is later. However, the court
shall permit the destruction of the evidence upon a showing that the
declaration is false or there is no issue of identity that would be
affected by additional testing. The convicted person may be
cross-examined on the declaration at any hearing conducted under this
section or on an application by or on behalf of the convicted person
filed pursuant to Section 1405.
(3) No other provision of law requires that biological evidence be
preserved or retained.
(c) Notwithstanding any other provision of law, the right to
receive notice pursuant to this section is absolute and shall not be
waived. This prohibition applies to, but is not limited to, a waiver
that is given as part of an agreement resulting in a plea of guilty
or nolo contendre.

[هيثم الفقى]

DISPOSITION OF UNCLAIMED MONEY HELD BY DISTRICT
ATTORNEY OR COURT CLERK
1420. All money received by a district attorney or clerk of the
court in any criminal action or proceeding, the owner or owners of
which are unknown, and which remains unclaimed in the possession of
the district attorney or clerk of the court after final judgment in
the criminal action or proceeding, shall be deposited with the county
treasurer. Upon the expiration of two years after the deposit, the
county treasurer shall cause a notice pursuant to Section 1421 to be
published in the county once a week for two successive weeks in a
newspaper of general circulation published in the county.



1421. The notice shall state the amount of money, the criminal
action or proceeding in which the money was received by the district
attorney or clerk of the court, the fund in which it is held and that
it is proposed that the money will become the property of the county
on a designated date not less than 45 days nor more than 60 days
after the first publication of the notice.



1422. Unless some person files a verified complaint seeking to
recover all, or a designated part, of the money in a court of
competent jurisdiction within the county in which the notice is
published, and serves a copy of the complaint and the summons issued
thereon upon the county treasurer before the date designated in the
notice, upon that date the money becomes the property of the county
and shall be transferred by the treasurer to the general fund.

[هيثم الفقى]

1424. (a) (1) Notice of a motion to disqualify a district attorney
from performing an authorized duty shall be served on the district
attorney and the Attorney General at least 10 court days before the
motion is heard. The notice of motion shall contain a statement of
the facts setting forth the grounds for the claimed disqualification
and the legal authorities relied upon by the moving party and shall
be supported by affidavits of witnesses who are competent to testify
to the facts set forth in the affidavit. The district attorney or
the Attorney General, or both, may file affidavits in opposition to
the motion and may appear at the hearing on the motion and may file
with the court hearing the motion a written opinion on the
disqualification issue. The judge shall review the affidavits and
determine whether or not an evidentiary hearing is necessary. The
motion may not be granted unless the evidence shows that a conflict
of interest exists that would render it unlikely that the defendant
would receive a fair trial. An order recusing the district attorney
from any proceeding may be reviewed by extraordinary writ or may be
appealed by the district attorney or the Attorney General. The order
recusing the district attorney shall be stayed pending any review
authorized by this section. If the motion is brought at or before
the preliminary hearing, it may not be renewed in the trial court on
the basis of facts that were raised or could have been raised at the
time of the original motion.
(2) An appeal from an order of recusal or from a case involving a
charge punishable as a felony shall be made pursuant to Chapter 1
(commencing with Section 1235) of Title 9, regardless of the court in
which the order is made. An appeal from an order of recusal in a
misdemeanor case shall be made pursuant to Chapter 2 (commencing with
Section 1466) of Title 11, regardless of the court in which the
order is made.
(b) (1) Notice of a motion to disqualify a city attorney from
performing an authorized duty involving a criminal matter shall be
served on the city attorney and the district attorney at least 10
court days before the motion is heard. The notice of motion shall
set forth a statement of the facts relevant to the claimed
disqualification and the legal authorities relied on by the moving
party. The district attorney may appear at the hearing on the motion
and may file with the court hearing the motion a written opinion on
the disqualification issue. The motion may not be granted unless the
evidence shows that a conflict of interest exists that would render
it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be
appealed by the city attorney or the district attorney. The order
recusing the city attorney shall be stayed pending an appeal
authorized by this section. An appeal from an order of
disqualification in a misdemeanor case shall be made pursuant to
Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district
attorney shall be separately made.

[هيثم الفقى]

PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES

1427. (a) When a complaint is presented to a judge in a misdemeanor
or infraction case appearing to be triable in the judge's court, the
judge must, if satisfied therefrom that the offense complained of
has been committed and that there is reasonable ground to believe
that the defendant has committed it, issue a warrant, for the arrest
of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.


(Signed). ___________________________________
Judge of said court

If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner
designated in Section 1392 except that if the offense complained of
is a violation of the Vehicle Code or a local ordinance adopted
pursuant to the Vehicle Code, such summons may be served by deposit
by the clerk of the court in the United States mail of an envelope
enclosing the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.


1428. In misdemeanor and infraction cases, the clerk of the
superior court may keep a docket, instead of minutes pursuant to
Section 69844 of the Government Code and a register of actions
pursuant to Section 69845 or 69845.5 of the Government Code. In the
docket, the clerk shall enter the title of each criminal action or
proceeding and under each title all the orders and proceedings in
such action or proceeding. Wherever by any other section of this
code made applicable to such court an entry of any judgment, order or
other proceeding in the minutes or register of actions is required,
an entry thereof in the docket shall be made and shall be deemed a
sufficient entry in the minutes or register of actions for all
purposes.



1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.




1445. When the defendant pleads guilty, or is convicted, either by
the court, or by a jury, the court shall render judgment thereon of
fine or imprisonment, or both, as the case may be.



1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.




1448. If the complainant does not pay the costs, or give an
undertaking therefor, the court may enter judgment against the
complainant for the amount of the costs, which may be enforced in
the manner provided for enforcement of money judgments generally.




1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10
days for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.



1457. Upon payment of the fine, the officer must discharge the
defendant, if he is not detained for any other legal cause, and pay
over the fine to the court which rendered the judgment.



1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail.
The undertaking of bail in such a case shall be in substantially the
following form:

A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);

We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.




1459. Undertakings of bail filed by admitted surety insurers shall
meet all other requirements of law and the obligation of the insurer
shall be in the following form except to the extent a different form
is otherwise provided by statute:

____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted surety insurer and
state of incorporation) hereby undertakes that the above-named
defendant will appear in the above-named court on the date above set
forth to answer any charge in any accusatory pleading based upon the
acts supporting the complaint filed against him/her and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.


__________________________________________________ __

(Stating the name of admitted surety insurer and
state of incorporation),
(Signature)
By _________________________________________________

Attorney-in-fact
(Corporate seal)
(Jurat of notary public or
other officer authorized
to administer oaths.)




1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be the superior court of the county within which the offense
charged was committed.
If an action or proceeding is commenced in a court other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
that request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge shall, at the
time of arraignment, inform the defendant of the right to be tried in
the county where the offense was committed.



1462.25. (a) A defendant formally charged with a violation of
Vehicle Code Section 14601 in one court ("the first court"), against
whom a formal charge of a violation of Vehicle Code Section 14601 is
pending in one or more other courts, may state in writing his or her
agreement to plead guilty or nolo contendere to some or all of the
charges pending in the other courts, to waive trial or hearing in the
other courts, and to consent to disposition of the case in the first
court. The defendant's agreement is ineffective unless the district
attorney for the other county approves in writing. Upon receipt of
the defendant's agreement and the district attorney's approval, the
clerk of court in the other court shall transfer the pending matter
to the first court, and transmit the papers or certified copies. The
prosecution of each transferred matter shall proceed in the first
court as part of the case pending against the defendant there, but
shall be limited to proceedings upon the defendant's plea of guilty
or nolo contendere, and sentencing or probation. If the defendant
pleads not guilty, the clerk shall retransfer the transferred case to
the court of origin, and the prosecution shall be resumed in that
court. The defendant's statement that the defendant agreed to plead
guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if
the defendant is represented by counsel in the other courts, or the
defendant has expressly waived his or her right to counsel in the
other courts.
(c) A defendant may request appointment of counsel in the other
courts by a written request. Upon receiving the defendant's written
request, the other court shall appoint counsel to represent the
defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred
pursuant to subdivision (a) shall not commence the running of time
limits under Section 859b, 860, 861, or 1382.



1462.5. Each installment or partial payment of a fine, penalty,
forfeiture or fee shall be prorated among the state and local shares
according to the uniform accounting system established by the State
Controller pursuant to Section 71380 of the Government Code. In
cases subject to Section 1463.18 of the Penal Code, proration shall
not occur until the minimum amounts have been transferred to the
Restitution Fund as provided in that section.



1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior court or a juvenile forum
established under Section 257 of the Welfare and Institutions Code,
in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute, including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code,
Sections 13001, 13002, and 13003 of the Fish and Game Code, and
Section 11502 of the Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 of this code and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles (DMV). It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to
Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "DNA penalty" required by Sections 76104.6 and 76104.7 of
the Government Code.
(4) The "emergency medical services penalty" authorized by Section
76000.5 of the Government Code.
(5) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(6) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(7) The "state penalty" required by Section 1464.



1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.



1463.002. The base fine amounts from city arrests shall be subject
to distribution according to the following schedule:


County and city
Percentage
Alameda
Alameda ..................................................
18
Albany .................................................. .
29
Berkeley .................................................
19
Emeryville ...............................................
13
Hayward ..................................................
10
Livermore ................................................
7
Oakland ..................................................
22
Piedmont .................................................
44
Pleasanton ...............................................
17
San Leandro ..............................................
9
County percentage ......................................
21
Amador
Amador .................................................. .
25
Ione .................................................. ...
25
Jackson ..................................................
25
Plymouth .................................................
25
Sutter Creek .............................................
25
County percentage ......................................
29
Butte
Biggs .................................................. ..
75
Chico .................................................. ..
22
Gridley ..................................................
49
Oroville .................................................
9
County percentage ......................................
20
Calaveras
Angels .................................................. .
62
County percentage ......................................
62
Colusa
Colusa .................................................. .
13
Williams .................................................
17
County percentage ......................................
16
Contra Costa
Antioch ..................................................
11
Brentwood ................................................
24
Concord ..................................................
18
El Cerrito ...............................................
19
Hercules .................................................
14
Martinez .................................................
22
Pinole .................................................. .
22
Pittsburg ................................................
5
Richmond .................................................
14
San Pablo ................................................
12
Walnut Creek .............................................
24
County percentage ......................................
14
Del Norte
Crescent City ............................................
19
County percentage ......................................
19
El Dorado
Placerville ..............................................
14
County percentage ......................................
14
Fresno
Clovis .................................................. .
23
Coalinga .................................................
21
Firebaugh ................................................
16
Fowler .................................................. .
34
Fresno .................................................. .
26
Huron .................................................. ..
24
Kerman .................................................. .
14
Kingsburg ................................................
34
Mendota ..................................................
11
Orange Cove ..............................................
24
Parlier ..................................................
21
Reedley ..................................................
30
Sanger .................................................. .
29
San Joaquin ..............................................
15
Selma .................................................. ..
14
County percentage ......................................
24
Glenn
Orland .................................................. .
27
Willows ..................................................
36
County percentage ......................................
32
Humboldt
Arcata .................................................. .
9
Blue Lake ................................................
26
Eureka .................................................. .
11
Ferndale .................................................
30
Fortuna ..................................................
17
Trinidad .................................................
11
County percentage ......................................
11
Imperial
Brawley ..................................................
8
Calexico .................................................
10
Calipatria ...............................................
30
El Centro ................................................
5
Holtville ................................................
16
Imperial .................................................
6
Westmorland ..............................................
12
County percentage ......................................
8
Inyo
Bishop .................................................. .
25
County percentage ......................................
25
Kern
Bakersfield ..............................................
10
Delano .................................................. .
13
Maricopa .................................................
36
Shafter ..................................................
15
Taft .................................................. ...
19
Tehachapi ................................................
12
Wasco .................................................. ..
28
County percentage ......................................
12
Kings
Corcoran .................................................
31
Hanford ..................................................
21
Lemoore ..................................................
25
County percentage ......................................
25
Lake
Lakeport .................................................
33
County percentage ......................................
33
Lassen
Susanville ...............................................
21
County percentage ......................................
21
Los Angeles
Alhambra .................................................
13
Arcadia ..................................................
11
Avalon .................................................. .
54
Azusa .................................................. ..
11
Bell .................................................. ...
11
Beverly Hills ............................................
14
Burbank ..................................................
14
Claremont ................................................
5
Compton ..................................................
16
Covina .................................................. .
11
Culver City ..............................................
10
El Monte .................................................
11
El Segundo ...............................................
11
Gardena ..................................................
22
Glendale .................................................
16
Glendora .................................................
12
Hawthorne ................................................
7
Hermosa Beach ............................................
14
Huntington Park ..........................................
12
Inglewood ................................................
16
La Verne .................................................
14
Long Beach ...............................................
14
Los Angeles ..............................................
8
Lynwood ..................................................
9
Manhattan Beach ..........................................
13
Maywood ..................................................
15
Monrovia .................................................
11
Montebello ...............................................
11
Monterey Park ............................................
11
Palos Verdes Estates .....................................
10
Pasadena .................................................
9
Pomona .................................................. .
12
Redondo Beach ............................................
15
San Fernando .............................................
17
San Gabriel ..............................................
16
San Marino ...............................................
5
Santa Monica .............................................
11
Sierra Madre .............................................
11
Signal Hill ..............................................
24
South Gate ...............................................
13
South Pasadena ...........................................
9
Torrance .................................................
16
Vernon .................................................. .
25
West Covina ..............................................
11
Whittier .................................................
11
County percentage ......................................
11
Madera
Chowchilla ...............................................
17
Madera .................................................. .
16
County percentage ......................................
17
Marin
Belvedere ................................................
16
Corte Madera .............................................
12
Fairfax ..................................................
30
Larkspur .................................................
30
Mill Valley ..............................................
13
Ross .................................................. ...
18
San Anselmo ..............................................
11
San Rafael ...............................................
13
Sausalito ................................................
21
County percentage ......................................
16
Mendocino
Fort Bragg ...............................................
19
Point Arena ..............................................
40
Ukiah .................................................. ..
10
Willits ..................................................
24
County percentage ......................................
17
Merced
Atwater ..................................................
23
Dos Palos ................................................
21
Gustine ..................................................
23
Livingston ...............................................
14
Los Banos ................................................
13
Merced .................................................. .
18
County percentage ......................................
18
Modoc
Alturas ..................................................
42
County percentage ......................................
42
Monterey
Carmel .................................................. .
17
Gonzales .................................................
10
Greenfield ...............................................
13
King City ................................................
36
Monterey .................................................
13
Pacific Grove ............................................
22
Salinas ..................................................
36
Soledad ..................................................
16
County percentage ......................................
23
Napa
Calistoga ................................................
37
Napa .................................................. ...
11
St. Helena ...............................................
12
County percentage ......................................
14
Nevada
Grass Valley .............................................
7
Nevada City ..............................................
17
County percentage ......................................
9
Orange
County percentage ......................................
15
Placer
Auburn .................................................. .
18
Colfax .................................................. .
8
Lincoln ..................................................
26
Rocklin ..................................................
16
Roseville ................................................
10
County percentage ......................................
14
Plumas
Portola ..................................................
19
County percentage ......................................
19
Riverside
Banning ..................................................
35
Beaumont .................................................
15
Blythe .................................................. .
9
Coachella ................................................
12
Corona .................................................. .
12
Elsinore .................................................
10
Hemet .................................................. ..
35
Indio .................................................. ..
16
Palm Springs .............................................
35
Perris .................................................. .
14
Riverside ................................................
16
San Jacinto ..............................................
41
County percentage ......................................
35
Sacramento
Folsom .................................................. .
31
Galt .................................................. ...
25
Isleton ..................................................
13
North Sacramento .........................................
10
Sacramento ...............................................
21
County percentage ......................................
26
San Benito
Hollister ................................................
9
San Juan Bautista ........................................
28
County percentage ......................................
11
San Bernardino
Barstow ..................................................
23
Chino .................................................. ..
14
Colton .................................................. .
21
Fontana ..................................................
15
Needles ..................................................
33
Ontario ..................................................
20
Redlands .................................................
28
Rialto .................................................. .
15
San Bernardino ...........................................
20
Upland .................................................. .
14
County percentage ......................................
20
San Diego
Carlsbad .................................................
8
Chula Vista ..............................................
23
Coronado .................................................
25
Del Mar ..................................................
8
El Cajon .................................................
17
Escondido ................................................
16
Imperial Beach ...........................................
8
La Mesa ..................................................
23
Lemon Grove ..............................................
8
National City ............................................
14
Oceanside ................................................
15
San Marcos ...............................................
8
Vista .................................................. ..
8
San Diego ................................................
6
County percentage ......................................
25
San Joaquin
Lodi .................................................. ...
18
Manteca ..................................................
8
Ripon .................................................. ..
11
Stockton .................................................
14
Tracy .................................................. ..
15
County percentage ......................................
14
San Luis Obispo
Arroyo Grande ............................................
9
Paso Robles ..............................................
26
Pismo Beach ..............................................
8
San Luis Obispo ..........................................
21
County percentage ......................................
16
San Mateo
Atherton .................................................
27
Belmont ..................................................
7
Burlingame ...............................................
38
Colma .................................................. ..
40
Daly City ................................................
24
Hillsborough .............................................
75
Menlo Park ...............................................
12
Millbrae .................................................
16
Redwood City .............................................
27
San Bruno ................................................
13
San Carlos ...............................................
8
San Mateo ................................................
42
South San Francisco ......................................
12
County percentage ......................................
21
Santa Barbara
Guadalupe ................................................
28
Lompoc .................................................. .
16
Santa Barbara ............................................
11
Santa Maria ..............................................
12
County percentage ......................................
13
Santa Clara
Alviso .................................................. .
75
Campbell .................................................
16
Gilroy .................................................. .
28
Los Altos ................................................
16
Los Gatos ................................................
30
Morgan Hill ..............................................
11
Mountain View ............................................
13
Palo Alto ................................................
21
San Jose .................................................
13
Santa Clara ..............................................
16
Sunnyvale ................................................
26
County percentage ......................................
16
Santa Cruz
Capitola .................................................
21
Santa Cruz ...............................................
23
Watsonville ..............................................
21
County percentage ......................................
22
Shasta
Redding ..................................................
22
County percentage ......................................
22
Sierra
Loyalton .................................................
75
County percentage ......................................
75
Siskiyou
Dorris .................................................. .
18
Dunsmuir .................................................
29
Etna .................................................. ...
18
Fort Jones ...............................................
46
Montague .................................................
75
Mount Shasta .............................................
37
Tulelake .................................................
33
Yreka .................................................. ..
30
County percentage ......................................
29
Solano
Benicia ..................................................
17
Dixon .................................................. ..
18
Fairfield ................................................
18
Rio Vista ................................................
19
Suisun .................................................. .
7
Vacaville ................................................
15
Vallejo ..................................................
18
County percentage ......................................
19
Sonoma
Cloverdale ...............................................
40
Cotati .................................................. .
40
Healdsburg ...............................................
40
Petaluma .................................................
24
Rohnert Park .............................................
40
Santa Rosa ...............................................
40
Sebastopol ...............................................
40
Sonoma .................................................. .
40
County percentage ......................................
40
Stanislaus
Ceres .................................................. ..
14
Modesto ..................................................
15
Newman .................................................. .
10
Oakdale ..................................................
15
Patterson ................................................
20
Riverbank ................................................
18
Turlock ..................................................
19
County percentage ......................................
15
Sutter
Live Oak .................................................
17
Yuba City ................................................
17
County percentage ......................................
17
Tehama
Corning ..................................................
26
Red Bluff ................................................
39
Tehama .................................................. .
10
County percentage ......................................
31
Tulare
Dinuba .................................................. .
21
Exeter .................................................. .
23
Lindsay ..................................................
24
Porterville ..............................................
26
Tulare .................................................. .
20
Visalia ..................................................
17
Woodlake .................................................
15
County percentage ......................................
21
Tuolumne
Sonora .................................................. .
23
County percentage ......................................
23
Ventura
Fillmore .................................................
16
Ojai .................................................. ...
16
Oxnard .................................................. .
16
Port Hueneme .............................................
16
Santa Paula ..............................................
16
Ventura ..................................................
16
County percentage ......................................
16
Yolo
Davis .................................................. ..
22
Winters ..................................................
19
Woodland .................................................
20
County percentage ......................................
20
Yuba
Marysville ...............................................
15
Wheatland ................................................
38
County percentage ......................................
15

With respect to any city arrest from a city which is not set forth
in the above schedule, the county percentage shall apply. A county
and city therein may, by mutual agreement, adjust these percentages.
Where a county and a city have, prior to June 1, 1991, entered into
an agreement to adjust the percentage specified in this section, or
where a county and a city have entered into an agreement governing
the distribution of revenue from parking penalties, those agreements
shall remain in full force and effect until changed by mutual
agreement.


1463.004. (a) If a sentencing judge specifies only the total fine
or forfeiture, or if an automated case-processing system requires it,
percentage calculations may be employed to establish the components
of total fines or forfeitures, provided that the aggregate monthly
distributions resulting from the calculations are the same as would
be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100)
in monthly distributions of total fines and forfeitures by a
particular court for at least 11 months of each year, the court may
omit that fund from the system for calculating distributions, and
shall instead apply the distribution provided for by Section
1463.001.



1463.005. Notwithstanding Section 1463.001, in a county subject to
Section 77202.5 of the Government Code, of base fines resulting from
arrests not subject to allocation under paragraph (1) of subdivision
(b) of Section 1463.001, by a California Highway Patrol Officer on
state highways constructed as freeways within the city whereon city
police officers enforced the provisions of the Vehicle Code on April
1, 1965, 25 percent shall be deposited in the treasury of the
appropriate city, 75 percent shall be deposited in the proper funds
of the county.


1463.006. Any money deposited with the court or with the clerk
thereof which, by order of the court or for any other reason, should
be returned, in whole or in part, to any person, or which is by law
payable to the state or to any other public agency, shall be paid to
that person or to the state or to the other public agency by warrant
of the county auditor, which shall be drawn upon the requisition of
the clerk of the court.
All money deposited as bail which has not been claimed within one
year after the final disposition of the case in which the money was
deposited, or within one year after an order made by the court for
the return or delivery of the money to any person, shall be
apportioned between the city and the county and paid or transferred
in the manner provided by statute for the apportionment and payment
of fines and forfeitures. This paragraph controls over any
conflicting provisions of law.



1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect delinquent fees, fines, forfeitures, penalties,
and assessments, including, but not limited to, public defender fees,
with or without a warrant having been issued against the alleged
violator, if the base fees, fines, forfeitures, penalties, and
assessments are delinquent, may deduct and deposit in the county
treasury or in the trial court operations fund the cost of operating
that program, excluding capital expenditures, from any revenues
collected thereby prior to making any distribution of revenues to
other governmental entities required by any other provision of law.
Any county or court may establish a minimum base fee, fine,
forfeiture, penalty, or assessment amount for inclusion in the
program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of driver's license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.



1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.



1463.010. The uniform imposition and enforcement of court-ordered
debts are recognized as an important element of California's judicial
system. Prompt, efficient, and effective imposition and collection
of court-ordered fees, fines, forfeitures, penalties, restitution,
and assessments ensure the appropriate respect for court orders. To
provide for this prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order. As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The courts and counties shall maintain the collection program
that was in place on January 1, 1996, unless otherwise agreed to in
writing by the court and county. The program may wholly or partially
be staffed and operated within the court itself, may be wholly or
partially staffed and operated by the county, or may be wholly or
partially contracted with a third party. In carrying out this
collection program, each superior court and county shall develop a
cooperative plan to implement the Judicial Council guidelines. In the
event that a court and a county are unwilling or unable to enter
into a cooperative plan pursuant to this section, prior to the
arbitration procedures required by subdivision (e) of Section 1214.1,
the court or the county may request the continuation of negotiations
with mediation assistance as mutually agreed upon and provided by
the Administrative Director of the Courts and the California
Association of Counties.
(c) The Judicial Council shall develop performance measures and
benchmarks to review the effectiveness of the cooperative superior
court and county collection programs operating pursuant to this
section. Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council, information
requested in a reporting template on or before September 1, 2009, and
annually thereafter. The Judicial Council shall report to the
Legislature on December 31, 2009, and annually thereafter, on all of
the following:
(1) The extent to which each court or county is following best
practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection
programs statewide.
(d) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.



1463.02. (a) On or after July 1, 2009, the Judicial Council shall
establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders. The
task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and
Government Claims Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts.

(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council for
consolidating and simplifying the imposition of criminal and
traffic-related court-ordered debts and the distribution of the
revenue derived from those debts with the goal of improving the
process for those entities that benefit from the revenues, but with
no intention of redistributing funds in a way that will have a
detrimental effect on those entities.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues and the actual
amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council on or before June 30, 2010, regarding the
priority in which court-ordered debts should be satisfied and the use
of comprehensive collection programs authorized pursuant to Section
1463.007, including associated cost-recovery practices.



1463.04. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, there shall be
transferred once a month into the State Treasury to the credit of the
Winter Recreation Fund an amount equal to 50 percent of all fines
and forfeitures collected during the preceding month upon conviction
or upon the forfeiture of bail from any person of any violation of
Section 5091.15 of the Public Resources Code, and an amount equal to
the remaining 50 percent shall be transferred to the county general
fund and deposited in a special account which shall be used
exclusively to pay for the cost of furthering the purposes of the
California SNO-PARK Permit Program, including, but not limited to,
the snow removal, maintenance, and development of designated parking
areas.



1463.07. An administrative screening fee of twenty-five dollars
($25) shall be collected from each person arrested and released on
his or her own recognizance upon conviction of any criminal offense
related to the arrest other than an infraction. A citation
processing fee in the amount of ten dollars ($10) shall be collected
from each person cited and released by any peace officer in the field
or at a jail facility upon conviction of any criminal offense, other
than an infraction, related to the criminal offense cited in the
notice to appear. However, the court may determine a lesser fee than
otherwise provided in this subdivision upon a showing that the
defendant is unable to pay the full amount. All fees collected
pursuant to this subdivision shall be deposited by the county auditor
in the general fund of the county. This subdivision applies only to
convictions occurring on or after the effective date of the act
adding this subdivision.


1463.1. Notwithstanding any other provisions of law except Section
77009 of the Government Code, any trial court may elect, with prior
approval of the Administrative Director of the Courts, to deposit in
a bank account pursuant to Section 53679 of the Government Code, all
moneys deposited as bail with the court, or with the clerk thereof.

All moneys received and disbursed through the bank account shall
be properly and uniformly accounted for under any procedures the
Controller may deem necessary. The Judicial Council may regulate the
bank accounts, provided that its regulations are not inconsistent
with those of the Controller.



1463.5. The distribution of funds required pursuant to Section
1463, and the distribution of assessments imposed and collected under
Section 1464 and Section 42006 of the Vehicle Code, may be
determined and made upon the basis of probability sampling. The
sampling shall be procedural in nature and shall not substantively
modify the distributions required pursuant to Sections 1463 and 1464
and Section 42006 of the Vehicle Code. The procedure for the
sampling shall be prescribed by the county auditor and the procedure
and its implementation shall be approved by the board of supervisors
and a majority of the cities within a county. The reasonableness of
the distribution shall be verified during the audit performed
pursuant to Section 71383 of the Government Code.



1463.7. Funds transferred to the Regents of the University of
California pursuant to Section 1462.3 may not be utilized to purchase
land or to construct any parking facility. These funds shall be
utilized for the development, enhancement, and operation of alternate
methods of transportation of students and employees of the
University of California and for the mitigation of the impact of
off-campus student and employee parking in university communities.



1463.9. Notwithstanding the provisions of Section 1463, 50 percent
of all fines and forfeitures collected upon conviction, or upon
forfeiture of bail, for violations of Section 13002 of the Health and
Safety Code, Sections 23111 and 23112, and subdivision (a) of
Section 23113 of the Vehicle Code, and Section 374.3 of this code
shall be kept separate and apart from any other fines and
forfeitures. These fines and forfeitures shall, as soon as
practicable after their receipt, be deposited with the county
treasurer of the county in which the court is situated and shall be
distributed as prescribed in Section 1463, except that the money
distributed to any county or city shall be expended only for litter
cleanup activities within that city or county.



1463.10. Notwithstanding Section 1463, fines and forfeitures which
are collected for a conviction of a violation of Section 11366.7 of
the Health and Safety Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(a) To reimburse any local agency for the reasonable costs of the
removal and disposal, or storage, of any chemical or drug, or any
laboratory apparatus or device, sold by a person convicted under
Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.




1463.11. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for
a violation of subdivision (a) or (c) of Section 21453 of,
subdivision (c) of Section 21454 of, or subdivision (a) of Section
21457 of, the Vehicle Code, and which are required to be deposited
with the county treasurer pursuant to Section 1463 of this code shall
be allocated as follows:
(a) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(b) The balance of the amount collected shall be deposited by the
county treasurer under Sections 1463 and 1464.



1463.12. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (c) of Section 21752 or Section 22450 of
the Vehicle Code, involving railroad grade crossings, or Section
22451, 22452, or subdivision (c) of Section 22526 of the Vehicle
Code, and that are required to be deposited with the county treasurer
pursuant to Section 1463 of this code shall be allocated as follows:

(a) If the offense occurred in an area where a transit district or
transportation commission or authority established under Division 12
(commencing with Section 130000) of the Public Utilities Code
provides rail transportation, the first 30 percent of the amount
collected shall be allocated to the general fund of that transit
district or transportation commission or authority to be used only
for public safety and public education purposes relating to railroad
grade crossings.
(b) If there is no transit district or transportation commission
or authority providing rail transportation in the area where the
offense occurred, the first 30 percent of the amount collected shall
be allocated to the general fund of the county in which the offense
occurred, to be used only for public safety and public education
purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or
a county that is allocated funds pursuant to subdivision (a) or (b)
shall provide public safety and public education relating to railroad
grade crossings only to the extent that those purposes are funded by
the allocations provided pursuant to subdivision (a) or (b).



1463.13. (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime. This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.

(2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program. The report may be used
to determine the appropriate sentence for the person. The report
shall be submitted to the court within 14 days of the completion of
the assessment.
(c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that involved the use of drugs or
alcohol, including any person who is found to have been under the
influence of drugs or alcohol during the commission of the crime, to
participate in the assessment program.
(d) Notwithstanding any other provision of law, in addition to any
other fine or penalty assessment, there shall be levied an
assessment of not more than one hundred fifty dollars ($150) upon
every fine, penalty, or forfeiture imposed and collected by the
courts for a public offense wherein the court orders the offender to
participate in a county alcohol and drug problem assessment program.
The assessment shall only be levied in a county upon the adoption of
a resolution by the board of supervisors of the county making that
county subject to this section.
(e) The court shall determine if the defendant has the ability to
pay the assessment. If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner which the court determines is reasonable and
compatible with the defendant's financial ability. In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
victim restitution.
(f) Notwithstanding Section 1463 or 1464 of the Penal Code or any
other provision of law, all moneys collected pursuant to this section
shall be deposited in a special account in the county treasury and
shall be used exclusively to pay for the costs of developing,
implementing, operating, maintaining, and evaluating alcohol and drug
problem assessment and monitoring programs.
(g) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment and monitoring
program shall determine those moneys in the special account which
were not expended during the preceding fiscal year, and shall
transfer those moneys to the general fund of the county.



1463.14. (a) Notwithstanding the provisions of Section 1463, of the
moneys deposited with the county treasurer pursuant to Section 1463,
fifty dollars ($50) of each fine collected for each conviction of a
violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code shall be deposited in a special account that shall be
used exclusively to pay for the cost of performing for the county, or
a city or special district within the county, analysis of blood,
breath or urine for alcohol content or for the presence of drugs, or
for services related to that testing. The sum shall not exceed the
reasonable cost of providing the services for which the sum is
intended.
On November 1 of each year, the treasurer of each county shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys
into the general fund of the county. The board of supervisors may, by
resolution, assign the treasurer's duty to determine the amount of
money that was not expended to the auditor or another county officer.
The county may retain an amount of that money equal to its
administrative cost incurred pursuant to this section, and shall
distribute the remainder pursuant to Section 1463. If the account
becomes exhausted, the public entity ordering a test performed
pursuant to this subdivision shall bear the costs of the test.
(b) The board of supervisors of a county may, by resolution,
authorize an additional penalty upon each defendant convicted of a
violation of Section 23152 or 23153 of the Vehicle Code, of an amount
equal to the cost of testing for alcohol content, less the fifty
dollars ($50) deposited as provided in subdivision (a). The
additional penalty authorized by this subdivision shall be imposed
only in those instances where the defendant has the ability to pay,
but in no case shall the defendant be ordered to pay a penalty in
excess of fifty dollars ($50). The penalty authorized shall be
deposited directly with the county, or city or special district
within the county, that performed the test, in the special account
described in subdivision (a), and shall not be the basis for an
additional assessment pursuant to Section 1464, or Chapter 12
(commencing with Section 76010) of Title 8 of the Government Code.
For purposes of this subdivision, "ability to pay" means the
overall capability of the defendant to pay the additional penalty
authorized by this subdivision, taking into consideration all of the
following:
(1) Present financial obligations, including family support
obligations, and fines, penalties, and other obligations to the
court.
(2) Reasonably discernible future financial position over the next
12 months.
(3) Any other factor or factors that may bear upon the defendant's
financial ability to pay the additional penalty.
(c) The Department of Justice shall promulgate rules and
regulations to implement the provisions of this section.



1463.15. Notwithstanding Section 1463, if a county board of
supervisors establishes a combined vehicle inspection and sobriety
checkpoint program under Section 2814.1 of the Vehicle Code,
thirty-five dollars ($35) of the money deposited with the county
treasurer under Section 1463.001 and collected from each fine and
forfeiture imposed under subdivision (b) of Section 42001.2 of the
Vehicle Code shall be deposited in a special account to be used
exclusively to pay the cost incurred by the county for establishing
and conducting the combined vehicle inspection and sobriety
checkpoint program. The money allocated to pay the cost incurred by
the county for establishing and conducting the combined checkpoint
program pursuant to this section may only be deposited in the special
account after a fine imposed pursuant to subdivision (b) of Section
42001.2, and any penalty assessment thereon, has been collected.



1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty dollars
($50) of each fine collected for each conviction of a violation of
Section 23103, 23104, 23105, 23152, or 23153 of the Vehicle Code
shall be deposited with the county treasurer in a special account for
exclusive allocation by the county for the county's alcoholism
program, with approval of the board of supervisors, for alcohol
programs and services for the general population. These funds shall
be allocated through the local planning process pursuant to specific
provision in the county alcohol program plan that is submitted to the
State Department of Alcohol and Drug Programs. Programs shall be
certified by the Department of Alcohol and Drug Programs or have made
application for certification to be eligible for funding under this
section. The county shall implement the intent and procedures of
subdivision (b) of Section 11812 of the Health and Safety Code while
distributing funds under this section.
(b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th
class, notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
for exclusive allocation by the administrator of the county's
alcoholism program, with approval of the board of supervisors, for
alcohol programs and services for the general population. These funds
shall be allocated through the local planning process pursuant to a
specific provision in the county plan that is submitted to the State
Department of Alcohol and Drug Programs. For those services for
which standards have been developed and certification is available,
programs shall be certified by the State Department of Alcohol and
Drug Programs or shall apply for certification to be eligible for
funding under this section. The county alcohol administrator shall
implement the intent and procedures of subdivision (b) of Section
11812 of the Health and Safety Code while distributing funds under
this section.
(c) The Board of Supervisors of Contra Costa County may, by
resolution, authorize the imposition of a fifty dollar ($50)
assessment by the court upon each defendant convicted of a violation
of Section 23152 or 23153 of the Vehicle Code for deposit in the
account from which the fifty dollar ($50) distribution specified in
subdivision (a) is deducted.
(d) It is the specific intent of the Legislature that funds
expended under this part shall be used for ongoing alcoholism program
services as well as for contracts with private nonprofit
organizations to upgrade facilities to meet state certification and
state licensing standards and federal nondiscrimination regulations
relating to accessibility for handicapped persons.
(e) Counties may retain up to 5 percent of the funds collected to
offset administrative costs of collection and disbursement.



1463.17. (a) In a county of the 19th class, notwithstanding any
other provision of this chapter, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
to be used exclusively to pay the cost incurred by the county or a
city or special district within the county, with approval of the
board of supervisors, for performing analysis of blood, breath, or
urine for alcohol content or for the presence of drugs, or for
services related to the testing.
(b) The application of this section shall not reduce the county's
remittance to the state specified in paragraph (2) of subdivision (b)
of Section 77201, paragraph (2) of subdivision (b) of Section
77201.1, and paragraph (2) of subdivision (a) of Section 77201.3 of
the Government Code.



1463.18. (a) Notwithstanding the provisions of Section 1463, moneys
which are collected for a conviction of a violation of Section 23152
or 23153 of the Vehicle Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(1) The first twenty dollars ($20) of any amount collected for a
conviction shall be transferred to the Restitution Fund. This amount
shall be aggregated by the county treasurer and transferred to the
State Treasury once per month for deposit in the Restitution Fund.
(2) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.
(b) The amount transferred to the Restitution Fund pursuant to
this section shall be in addition to any amount of any additional
fine or assessment imposed pursuant to Sections 1202.4 and 1203.04,
as operative on or before August 3, 1995, or Section 13967, as
operative on or before September 28, 1994, of the Government Code.
The amount deposited to the Restitution Fund pursuant to this section
shall be used for the purpose of indemnification of victims pursuant
to Section 13965 of the Government Code, with priority given to
victims of alcohol-related traffic offenses.



1463.20. Notwithstanding any other law, fifty dollars ($50) of
every parking penalty received by a local entity pursuant to Section
42001.5 of the Vehicle Code may be deposited by the treasurer of the
local entity in a special account to be used by the local entity for
the sole purposes of altering existing public facilities to make them
accessible to persons with disabilities in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et
seq.), and federal regulations adopted pursuant to that act, and
covering the actual administrative cost of setting aside fifty
dollars ($50) of every parking penalty received pursuant to Section
42001.5 of the Vehicle Code for that purpose.



1463.22. (a) Notwithstanding Section 1463, of the moneys deposited
with the county treasurer pursuant to Section 1463, seventeen dollars
and fifty cents ($17.50) for each conviction of a violation of
Section 16028 of the Vehicle Code shall be deposited by the county
treasurer in a special account and allocated to defray costs of
municipal and superior courts incurred in administering Sections
16028, 16030, and 16031 of the Vehicle Code. Any moneys in the
special account in excess of the amount required to defray those
costs shall be redeposited and distributed by the county treasurer
pursuant to Section 1463.
(b) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, three dollars ($3) for
each conviction for a violation of Section 16028 of the Vehicle Code
shall be initially deposited by the county treasurer in a special
account, and shall be transmitted once per month to the Controller
for deposit in the Motor Vehicle Account in the State Transportation
Fund. These moneys shall be available, when appropriated, to defray
the administrative costs incurred by the Department of Motor Vehicles
pursuant to Sections 16031, 16032, 16034, and 16035 of the Vehicle
Code. It is the intent of this subdivision to provide sufficient
revenues to pay for all of the department's costs in administering
those sections of the Vehicle Code.
(c) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, ten dollars ($10) upon
the conviction of, or upon the forfeiture of bail from, any person
arrested or notified for a violation of Section 16028 of the Vehicle
Code shall be deposited by the county treasurer in a special account
and shall be transmitted monthly to the Controller for deposit in the
General Fund.


1463.23. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, fifty dollars
($50) of each fine imposed pursuant to Section 4383 of the Business
and Professions Code, subdivision (c) of Section 11350, subdivision
(c) of Section 11377, or subdivision (b) of Section 11550 of the
Health and Safety Code or subdivision (b) of Section 264, subdivision
(m) of Section 286, subdivision (m) of Section 288a or Section
647.1, shall be deposited in a special account in the county treasury
which shall be used exclusively to pay for the reasonable costs of
establishing and providing for the county, or any city within the
county, an AIDS (acquired immune deficiency syndrome) education
program under the direction of the county health department, in
accordance with Chapter 2.71 (commencing with Section 1001.10) of
Title 6, and for the costs of collecting and administering funds
received for purposes of this section.



1463.25. Notwithstanding Section 1203.1 or 1463, and in addition to
any allocation under Section 1463.16, the moneys from alcohol abuse
education and prevention penalty assessments collected pursuant to
Section 23196 of the Vehicle Code shall be initially deposited by the
county treasurer in a special county alcohol abuse and prevention
fund for exclusive allocation by the county alcohol program
administrator, subject to the approval of the board of supervisors,
for the county's alcohol abuse education and prevention program
pursuant to Section 11802 of the Health and Safety Code.
A county shall not use more than 5 percent of the funds deposited
in the special account for administrative costs.



1463.26. Notwithstanding Section 1463, out of moneys deposited with
the county treasurer pursuant to Section 1463, there shall be
transferred, once a month, to the traffic fund of the city, an amount
equal to one-third of all fines and forfeitures collected during the
preceding month upon the conviction of, or upon the forfeiture of
bail by, any person charged with a violation of Section 21655.5 or
21655.8 of the Vehicle Code within that city, and an amount equal to
one-third of those fines and forfeitures shall be transferred into
the general fund of the county, and an amount equal to one-third of
those fines and forfeitures shall be transferred to the agency whose
approval is required for high-occupancy vehicle lanes on state
highways pursuant to Section 21655.6 of the Vehicle Code. If the
arrest for a violation of either Section 21655.5 or 21655.8 of the
Vehicle Code was not within a city, then 50 percent of the fines and
forfeitures shall be transferred to the general fund of the county
and 50 percent shall be transferred to the agency having authority to
approve high-occupancy vehicle lanes pursuant to Section 21655.6 of
the Vehicle Code. Money received by the agency having the authority
to approve high-occupancy vehicle lanes pursuant to Section 21655.6
of the Vehicle Code shall be used by that agency for the purposes of
improving traffic flow and traffic operations upon the state highway
system within the jurisdiction of that agency. In counties where
there exists a county transportation commission created pursuant to
Division 12 (commencing with Section 130000) of the Public Utilities
Code, that commission is the agency for purposes of this section.




1463.28. (a) Notwithstanding any other provision of law, for each
option county, as defined by Section 77004 of the Government Code,
which has adopted the resolution specified in subdivision (b), that
portion of fines and forfeitures, whether collected by the courts or
by other processing agencies, which are attributable to an increase
in the bail amounts adopted subsequent to the resolution pursuant to
subdivision (c) of Section 1269b which would otherwise be divided
between the county and cities within the county shall be deposited
into the county general fund up to the annual limit listed in
subdivision (b) for that county. Fine and forfeiture increments
which exceed the specified annual limit shall be divided between the
county and the cities within the county as otherwise provided by law.
The scheduled bail amounts in such a county may exceed the bail
amounts established by the Judicial Council pursuant to subdivision
(c) of Section 1269b.
(b) The counties which may adopt a resolution directing that
future increments in fines and forfeitures as specified in
subdivision (a) be deposited in the county general fund and the
annual limit applicable to those counties is as follows:


County Annual Limit
Alpine ................... $ 300,000
Amador ................... 200,000
Butte .................... 900,000
Calaveras ................ 300,000
Contra Costa ............. 100,000
Del Norte ................ 200,000
Fresno ................... 700,000
Humboldt ................. 200,000
Kings .................... 300,000
Lake ..................... 400,000
Lassen ................... 200,000
Los Angeles .............. 15,000,000
Madera ................... 600,000
Mariposa ................. 200,000
Mendocino ................ 600,000
Modoc .................... 200,000
Mono ..................... 200,000
Plumas ................... 200,000
San Benito ............... 300,000
San Diego ................ 5,200,000
San Joaquin .............. 1,000,000
Santa Clara .............. 3,200,000
Sierra ................... 300,000
Stanislaus ............... 1,900,000
Sutter ................... 800,000
Trinity .................. 200,000
Tulare ................... 2,000,000
Tuolumne ................. 400,000
Yolo ..................... 700,000
Yuba ..................... 900,000

(c) Except as provided in Sections 40200.3 and 40200.4 of the
Vehicle Code, this section does not apply to the collection of
parking penalties.



1464. (a) (1) Subject to Chapter 12 (commencing with Section 76000)
of Title 8 of the Government Code, and except as otherwise provided
in this section, there shall be levied a state penalty in the amount
of ten dollars ($10) for every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture imposed and
collected by the courts for all criminal offenses, including all
offenses, except parking offenses as defined in subdivision (i) of
Section 1463, involving a violation of a section of the Vehicle Code
or any local ordinance adopted pursuant to the Vehicle Code.
(2) Any bail schedule adopted pursuant to Section 1269b or bail
schedule adopted by the Judicial Council pursuant to Section 40310 of
the Vehicle Code may include the necessary amount to pay the
penalties established by this section and Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, and the surcharge
authorized by Section 1465.7, for all matters where a personal
appearance is not mandatory and the bail is posted primarily to
guarantee payment of the fine.
(3) The penalty imposed by this section does not apply to the
following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
(c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail. If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund. The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month. Those
funds shall be made available in accordance with Section 13967 of
the Government Code.
(3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month.
(4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year. The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.
(8) (A) Once a month there shall be transferred into the Traumatic
Brain Injury Fund, created pursuant to Section 4358 of the Welfare
and Institutions Code, an amount equal to 0.66 percent of the state
penalty funds deposited into the State Penalty Fund during the
preceding month. However, the amount of funds transferred into the
Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not
exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements
of this section. Notwithstanding any other provision of law, the
funds transferred into the Traumatic Brain Injury Fund for the
1997-98, 1998-99, and 1999 -2000 fiscal years, may be expended by the
State Department of Mental Health, in the current fiscal year or a
subsequent fiscal year, to provide additional funding to the existing
projects funded by the Traumatic Brain Injury Fund, to support new
projects, or to do both.
(B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.



1464.05. Wherever the word "assessment" appears in any reference to
Section 1464 in any law or regulation with regard to a fine,
penalty, or bail forfeiture, it shall be deemed to refer to the
penalty, state penalty, or additional penalty required by Section
1464.



1464.2. Notwithstanding any other provision of law, an amount of
not more than two hundred fifty thousand dollars ($250,000) per
fiscal year of the moneys otherwise required to be deposited in the
State Penalty Fund under subdivision (e) of Section 1464 shall be
available, upon appropriation, for the exclusive trust purposes
authorized under Article 2 (commencing with Section 2930) of Chapter
5 of Division 2 of the Vehicle Code.



1464.8. Notwithstanding any other provision of law, when an
allocation and distribution of any fine, forfeiture, penalty, fee, or
assessment collected in any criminal case is made, including, but
not limited to, moneys collected pursuant to this chapter, Section
13003 of the Fish and Game Code, Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code, and Sections 11372.5 and
11502 of the Health and Safety Code, the allocation and distribution
of any payment may be based upon the law in effect during the
accounting period when the payment is made.



1465.5. An assessment of two dollars ($2) for every ten dollars
($10) or fraction thereof, for every fine, forfeiture, or parking
penalty imposed and collected pursuant to Section 42001.13 of the
Vehicle Code for violation of Section 22507.8 of the Vehicle Code,
may be imposed by each county upon the adoption of a resolution by
the board of supervisors. An assessment imposed by this section
shall be collected and disbursed as provided in Section 9545 of the
Welfare and Institutions Code.



1465.6. In addition to any assessment levied pursuant to Section
1465.5 of this code, or any other law, an additional assessment equal
to 10 percent of the fine, penalty, or forfeiture imposed under
Section 42001, 42001.5, or 42001.13 of the Vehicle Code shall be
imposed by each county for a violation of Section 22507.8 or 22522 of
the Vehicle Code. An assessment imposed pursuant to this section
shall be deposited in the general fund of the city or county wherein
the violation occurred.



1465.7. (a) A state surcharge of 20 percent shall be levied on the
base fine used to calculate the state penalty assessment as specified
in subdivision (a) of Section 1464.
(b) This surcharge shall be in addition to the state penalty
assessed pursuant to Section 1464 of the Penal Code and may not be
included in the base fine used to calculate the state penalty
assessment as specified in subdivision (a) of Section 1464.
(c) After a determination by the court of the amount due, the
clerk of the court shall cause the amount of the state surcharge
collected to be transmitted to the General Fund.
(d) Notwithstanding Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code and subdivision (b) of Section 68090.8
of the Government Code, the full amount of the surcharge shall be
transmitted to the State Treasury to be deposited in the General
Fund. Of the amount collected from the total amount of the fines,
penalties, and surcharges imposed, the amount of the surcharge
established by this section shall be transmitted to the State
Treasury to be deposited in the General Fund.
(e) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the surcharge prescribed by this section.
(f) When amounts owed by an offender as a result of a conviction
are paid in installment payments, payments shall be credited pursuant
to Section 1203.1d. The amount of the surcharge established by this
section shall be transmitted to the State Treasury prior to the
county retaining or disbursing the remaining amount of the fines,
penalties, and forfeitures imposed.
(g) Notwithstanding Sections 40512.6 and 42007 of the Vehicle
Code, the term "total bail" as used in subdivision (a) of Section
42007 of the Vehicle Code does not include the surcharge set forth in
this section. The surcharge set forth in this section shall be
levied on what would have been the base fine had the provisions of
Section 42007 not been invoked and the proceeds from the imposition
of the surcharge shall be treated as otherwise set forth in this
section.


1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a fee of twenty dollars ($20) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this fee.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.

[هيثم الفقى]

1466. An appeal may be taken from a judgment or order, in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(1) By the people:
(A) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(B) From an order or judgment dismissing or otherwise terminating
all or any portion of the action, including such an order or
judgment, entered after a verdict or finding of guilty or a verdict
or judgment entered before the defendant has been placed in jeopardy
or where the defendant has waived jeopardy.
(C) From sustaining a demurrer to any portion of the complaint or
pleading.
(D) From an order granting a new trial.
(E) From an order arresting judgment.
(F) From any order made after judgment affecting the substantial
rights of the people.
(G) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
subparagraph, "unlawful sentence" means the imposition of a sentence
not authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(H) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may
seek appellate review of any grant of probation, whether or not the
court imposes sentence, by means of a petition for a writ of mandate
or prohibition that is filed within 60 days after probation is
granted. The review of any grant of probation shall include review
of any order underlying the grant of probation.
(2) By the defendant:
(A) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered *** offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(B) From any order made after judgment affecting his or her
substantial rights.


1467. An appeal from a judgment of conviction does not stay the
execution of the judgment in any case unless the trial or a reviewing
court shall so order. The granting or refusal of such an order
shall rest in the discretion of the court, except that a court shall
not stay any duty to register as a *** offender pursuant to Section
290.



1468. Appeals to the appellate divisions of superior courts shall
be taken, heard and determined, the decisions thereon shall be
remitted to the courts from which the appeals are taken, and the
records on such appeals shall be made up and filed in such time and
manner as shall be prescribed in rules adopted by the Judicial
Council.



1469. Upon appeal by the people the reviewing court may review any
question of law involved in any ruling affecting the judgment or
order appealed from, without exception having been taken in the trial
court. Upon an appeal by a defendant the court may, without
exception having been taken in the trial court, review any question
of law involved in any ruling, order, instruction, or thing
whatsoever said or done at the trial or prior to or after judgment,
which thing was said or done after objection made in and considered
by the trial court and which affected the substantial rights of the
defendant. The court may also review any instruction given, refused
or modified, even though no objection was made thereto in the trial
court if the substantial rights of the defendant were affected
thereby. The reviewing court may reverse, affirm or modify the
judgment or order appealed from, and may set aside, affirm or modify
any or all of the proceedings subsequent to, or dependent upon, such
judgment or order, and may, if proper, order a new trial. If a new
trial is ordered upon appeal, it must be had in the court from which
the appeal is taken.

[هيثم الفقى]

1471. A court of appeal may order any case on appeal to a superior
court in its district transferred to it for hearing and decision as
provided by rules of the Judicial Council when the superior court
certifies, or the court of appeal determines, that such transfer
appears necessary to secure uniformity of decision or to settle
important questions of law.
A court to which any such case is transferred shall have similar
power to review any matter and make orders and judgments as the
appellate division of the superior court by statute would have in
such case, except as otherwise expressly provided.

[هيثم الفقى]

OF THE WRIT OF HABEAS CORPUS


1473. (a) Every person unlawfully imprisoned or restrained of his
liberty, under any pretense whatever, may prosecute a writ of habeas
corpus, to inquire into the cause of such imprisonment or restraint.

(b) A writ of habeas corpus may be prosecuted for, but not limited
to, the following reasons:
(1) False evidence that is substantially material or probative on
the issue of guilt or punishment was introduced against a person at
any hearing or trial relating to his incarceration; or
(2) False physical evidence, believed by a person to be factual,
probative, or material on the issue of guilt, which was known by the
person at the time of entering a plea of guilty, which was a material
factor directly related to the plea of guilty by the person.
(c) Any allegation that the prosecution knew or should have known
of the false nature of the evidence referred to in subdivision (b) is
immaterial to the prosecution of a writ of habeas corpus brought
pursuant to subdivision (b).
(d) Nothing in this section shall be construed as limiting the
grounds for which a writ of habeas corpus may be prosecuted or as
precluding the use of any other remedies.



1473.5. (a) A writ of habeas corpus also may be prosecuted on the
basis that expert testimony relating to intimate partner battering
and its effects, within the meaning of Section 1107 of the Evidence
Code, was not received in evidence at the trial court proceedings
relating to the prisoner's incarceration, and is of such substance
that, had it been received in evidence, there is a reasonable
probability, sufficient to undermine confidence in the judgment of
conviction, that the result of the proceedings would have been
different. Sections 1260 to 1262, inclusive, apply to the
prosecution of a writ of habeas corpus pursuant to this section. As
used in this section, "trial court proceedings" means those court
proceedings that occur from the time the accusatory pleading is
filed until and including judgment and sentence.
(b) This section is limited to violent felonies as specified in
subdivision (c) of Section 667.5 that were committed before August
29, 1996, and that resulted in judgments of conviction after a plea
or trial as to which expert testimony admissible pursuant to Section
1107 of the Evidence Code may be probative on the issue of
culpability.
(c) If a petitioner for habeas corpus under this section
previously filed a petition for writ of habeas corpus, it is grounds
for denial of the new petition if a court determined on the merits in
the prior petition that the omission of expert testimony relating to
battered women's syndrome or intimate partner battering and its
effects at trial was not prejudicial and did not entitle the
petitioner to the writ of habeas corpus.
(d) For purposes of this section, the changes that become
effective on January 1, 2005, are not intended to expand the uses or
applicability of expert testimony on battering and its effects that
were in effect immediately prior to that date in criminal cases.
(e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1473.6. (a) Any person no longer unlawfully imprisoned or
restrained may prosecute a motion to vacate a judgment for any of the
following reasons:
(1) Newly discovered evidence of fraud by a government official
that completely undermines the prosecution's case, is conclusive, and
points unerringly to his or her innocence.
(2) Newly discovered evidence that a government official testified
falsely at the trial that resulted in the conviction and that the
testimony of the government official was substantially probative on
the issue of guilt or punishment.
(3) Newly discovered evidence of misconduct by a government
official committed in the underlying case that resulted in
fabrication of evidence that was substantially material and probative
on the issue of guilt or punishment. Evidence of misconduct in
other cases is not sufficient to warrant relief under this paragraph.

(b) For purposes of this section, "newly discovered evidence" is
evidence that could not have been discovered with reasonable
diligence prior to judgment.
(c) The procedure for bringing and adjudicating a motion under
this section, including the burden of producing evidence and the
burden of proof, shall be the same as for prosecuting a writ of
habeas corpus.
(d) A motion pursuant to this section must be filed within one
year of the later of the following:
(1) The date the moving party discovered, or could have discovered
with the exercise of due diligence, additional evidence of the
misconduct or fraud by a government official beyond the moving party'
s personal knowledge.
(2) The effective date of this section.



1474. Application for the writ is made by petition, signed either
by the party for whose relief it is intended, or by some person in
his behalf, and must specify:
1. That the person in whose behalf the writ is applied for is
imprisoned or restrained of his liberty, the officer or person by
whom he is so confined or restrained, and the place where, naming all
the parties, if they are known, or describing them, if they are not
known;
2. If the imprisonment is alleged to be illegal, the petition must
also state in what the alleged illegality consists;
3. The petition must be verified by the oath or affirmation of the
party making the application.



1475. The writ of habeas corpus may be granted in the manner
provided by law. If the writ has been granted by any court or a judge
thereof and after the hearing thereof the prisoner has been
remanded, he or she shall not be discharged from custody by the same
or any other court of like general jurisdiction, or by a judge of the
same or any other court of like general jurisdiction, unless upon
some ground not existing in fact at the issuing of the prior writ.
Should the prisoner desire to urge some point of law not raised in
the petition for or at the hearing upon the return of the prior writ,
then, in case the prior writ had been returned or returnable before
a superior court or a judge thereof, no writ can be issued upon a
second or other application except by the appropriate court of appeal
or some judge thereof, or by the Supreme Court or some judge
thereof, and in the event the writ must not be made returnable before
any superior court or any judge thereof. In the event, however, that
the prior writ was returned or made returnable before a court of
appeal or any judge thereof, no writ can be issued upon a second or
other application except by the Supreme Court or some judge thereof,
and the writ must be made returnable before said Supreme Court or
some judge thereof.
Every application for a writ of habeas corpus must be verified,
and shall state whether any prior application or applications have
been made for a writ in regard to the same detention or restraint
complained of in the application, and if any prior application or
applications have been made the later application must contain a
brief statement of all proceedings had therein, or in any of them, to
and including the final order or orders made therein, or in any of
them, on appeal or otherwise.
Whenever the person applying for a writ of habeas corpus is held
in custody or restraint by any officer of any court of this state or
any political subdivision thereof, or by any peace officer of this
state, or any political subdivision thereof, a copy of the
application for the writ must in all cases be served upon the
district attorney of the county wherein the person is held in custody
or restraint at least 24 hours before the time at which said writ is
made returnable and no application for the writ can be heard without
proof of service in cases where the service is required.
If the person is in custody for violation of an ordinance of a
city which has a city attorney, a copy of the application for the
writ must also be served on the city attorney of the city whose
ordinance is the basis for the charge at least 24 hours before the
time at which the writ is made returnable, provided that failure to
serve the city attorney shall not deprive the court of jurisdiction
to hear the application. If a writ challenging a denial of parole or
the applicant's suitability for parole is then made returnable, a
copy of the application for the writ and the related order to show
cause shall in all cases be served by the superior court upon the
office of the Attorney General and the district attorney of the
county in which the underlying judgment was rendered at least three
business days before the time at which the writ is made returnable
and no application for the writ can be heard without proof of such
service.


1476. Any court or judge authorized to grant the writ, to whom a
petition therefor is presented, must endorse upon the petition the
hour and date of its presentation and the hour and date of the
granting or denial of the writ, and must, if it appear that the writ
ought to issue, grant the same without delay; and if the person by or
upon whose behalf the application for the writ is made be detained
upon a criminal charge, may admit him to bail, if the offense is
bailable, pending the determination of the proceeding.



1477. The writ must be directed to the person having custody of or
restraining the person on whose behalf the application is made, and
must command him to have the body of such person before the Court or
Judge before whom the writ is returnable, at a time and place therein
specified.


1478. If the writ is directed to the sheriff or other ministerial
officer of the court out of which it issues, it must be delivered by
the clerk to such officer without delay, as other writs are delivered
for service. If it is directed to any other person, it must be
delivered to the sheriff or a marshal, and be by him served upon such
person by delivering the copy to him without delay, and make his
return on the original to the court of issuance. If the person to
whom the writ is directed cannot be found, or refuses admittance to
the officer or person serving or delivering such writ, it may be
served or delivered by leaving it at the residence of the person to
whom it is directed, or by affixing it to some conspicuous place on
the outside either of his dwelling house or of the place where the
party is confined or under restraint.



1479. If the person to whom the writ is directed refuses, after
service, to obey the same, the Court or Judge, upon affidavit, must
issue an attachment against such person, directed to the Sheriff or
Coroner, commanding him forthwith to apprehend such person and bring
him immediately before such Court or Judge; and upon being so
brought, he must be committed to the jail of the county until he
makes due return to such writ, or is otherwise legally discharged.



1480. The person upon whom the writ is served must state in his
return, plainly and unequivocally:
1. Whether he has or has not the party in his custody, or under
his power or restraint;
2. If he has the party in his custody or power, or under his
restraint, he must state the authority and cause of such imprisonment
or restraint;
3. If the party is detained by virtue of any writ, warrant, or
other written authority, a copy thereof must be annexed to the
return, and the original produced and exhibited to the Court or Judge
on the hearing of such return;
4. If the person upon whom the writ is served had the party in his
power or custody, or under his restraint, at any time prior or
subsequent to the date of the writ of habeas corpus, but has
transferred such custody or restraint to another, the return must
state particularly to whom, at what time and place, for what cause,
and by what authority such transfer took place;
5. The return must be signed by the person making the same, and,
except when such person is a sworn public officer, and makes such
return in his official capacity, it must be verified by his oath.



1481. The person to whom the writ is directed, if it is served,
must bring the body of the party in his custody or under his
restraint, according to the command of the writ, except in the cases
specified in the next section.


1482. When, from sickness or infirmity of the person directed to be
produced, he cannot, without danger, be brought before the Court or
Judge, the person in whose custody or power he is may state that fact
in his return to the writ, verifying the same by affidavit. If the
Court or Judge is satisfied of the truth of such return, and the
return to the writ is otherwise sufficient, the Court or Judge may
proceed to decide on such return, and to dispose of the matter as if
such party had been produced on the writ, or the hearing thereof may
be adjourned until such party can be produced.



1483. The Court or Judge before whom the writ is returned must,
immediately after the return, proceed to hear and examine the return,
and such other matters as may be properly submitted to their hearing
and consideration.


1484. The party brought before the Court or Judge, on the return of
the writ, may deny or controvert any of the material facts or
matters set forth in the return, or except to the sufficiency
thereof, or allege any fact to show either that his imprisonment or
detention is unlawful, or that he is entitled to his discharge. The
Court or Judge must thereupon proceed in a summary way to hear such
proof as may be produced against such imprisonment or detention, or
in favor of the same, and to dispose of such party as the justice of
the case may require, and have full power and authority to require
and compel the attendance of witnesses, by process of subpoena and
attachment, and to do and perform all other acts and things necessary
to a full and fair hearing and determination of the case.



1485. If no legal cause is shown for such imprisonment or
restraint, or for the continuation thereof, such Court or Judge must
discharge such party from the custody or restraint under which he is
held.


1486. The Court or Judge, if the time during which such party may
be legally detained in custody has not expired, must remand such
party, if it appears that he is detained in custody:
1. By virtue of process issued by any Court or Judge of the United
States, in a case where such Court or Judge has exclusive
jurisdiction; or,
2. By virtue of the final judgment or decree of any competent
Court of criminal jurisdiction, or of any process issued upon such
judgment or decree.



1487. If it appears on the return of the writ that the prisoner is
in custody by virtue of process from any Court of this State, or
Judge or officer thereof, such prisoner may be discharged in any of
the following cases, subject to the restrictions of the last section:

1. When the jurisdiction of such Court or officer has been
exceeded;
2. When the imprisonment was at first lawful, yet by some act,
omission, or event which has taken place afterwards, the party has
become entitled to a discharge;
3. When the process is defective in some matter of substance
required by law, rendering such process void;
4. When the process, though proper in form, has been issued in a
case not allowed by law;
5. When the person having the custody of the prisoner is not the
person allowed by law to detain him;
6. Where the process is not authorized by any order, judgment, or
decree of any Court, nor by any provision of law;
7. Where a party has been committed on a criminal charge without
reasonable or probable cause.



1488. If any person is committed to prison, or is in custody of any
officer on any criminal charge, by virtue of any warrant of
commitment of a magistrate, such person must not be discharged on the
ground of any mere defect of form in the warrant of commitment.




1489. If it appears to the Court or Judge, by affidavit or
otherwise, or upon the inspection of the process or warrant of
commitment, and such other papers in the proceedings as may be shown
to the Court or Judge, that the party is guilty of a criminal
offense, or ought not to be discharged, such Court or Judge, although
the charge is defective or unsubstantially set forth in such process
or warrant of commitment, must cause the complainant or other
necessary witnesses to be subpoenaed to attend at such time as
ordered, to testify before the Court or Judge; and upon the
examination he may discharge such prisoner, let him to bail, if the
offense be bailable, or recommit him to custody, as may be just and
legal.



1490. When a person is imprisoned or detained in custody on any
criminal charge, for want of bail, such person is entitled to a writ
of habeas corpus for the purpose of giving bail, upon averring that
fact in his petition, without alleging that he is illegally confined.



1491. Any judge before whom a person who has been committed upon a
criminal charge may be brought on a writ of habeas corpus, if the
same is bailable, may take an undertaking of bail from such person as
in other cases, and file the same in the proper court. Whenever a
writ of habeas corpus is returned to a court for hearing and the
petitioner is charged with an offense other than a crime of violence
or committed with a deadly weapon or involving the forcible taking or
destruction of the property of another, but the prisoner does not
stand convicted of any offense, the amount of the bail must be set
immediately if no bail has theretofore been fixed.



1492. If a party brought before the Court or Judge on the return of
the writ is not entitled to his discharge, and is not bailed, where
such bail is allowable, the Court or Judge must remand him to custody
or place him under the restraint from which he was taken, if the
person under whose custody or restraint he was is legally entitled
thereto.



1493. In cases where any party is held under illegal restraint or
custody, or any other person is entitled to the restraint or custody
of such party, the Judge or Court may order such party to be
committed to the restraint or custody of such person as is by law
entitled thereto.



1494. Until judgment is given on the return, the Court or Judge
before whom any party may be brought on such writ may commit him to
the custody of the Sheriff of the county, or place him in such care
or under such custody as his age or circumstances may require.




1495. No writ of habeas corpus can be disobeyed for defect of form,
if it sufficiently appear therefrom in whose custody or under whose
restraint the party imprisoned or restrained is, the officer or
person detaining him, and the Court or Judge before whom he is to be
brought.



1496. No person who has been discharged by the order of the Court
or Judge upon habeas corpus can be again imprisoned, restrained, or
kept in custody for the same cause, except in the following cases:
1. If he has been discharged from custody on a criminal charge,
and is afterwards committed for the same offense, by legal order or
process;
2. If, after a discharge for defect of proof, or for any defect of
the process, warrant, or commitment in a criminal case, the prisoner
is again arrested on sufficient proof and committed by legal process
for the same offense.



1497. When it appears to any court, or judge, authorized by law to
issue the writ of habeas corpus, that any one is illegally held in
custody, confinement, or restraint, and that there is reason to
believe that the person will be carried out of the jurisdiction of
the court or judge before whom the application is made, or will
suffer some irreparable injury before compliance with the writ of
habeas corpus can be enforced, the court or judge may cause a warrant
to be issued, reciting the facts, and directed to any peace officer,
commanding the peace officer to take the person held in custody,
confinement, or restraint, and immediately bring him or her before
the court or judge, to be dealt with according to law.




1498. The Court or Judge may also insert in such warrant a command
for the apprehension of the person charged with such illegal
detention and restraint.


1499. The officer to whom such warrant is delivered must execute it
by bringing the person therein named before the Court or Judge who
directed the issuing of such warrant.



1500. The person alleged to have such party under illegal
confinement or restraint may make return to such warrant as in case
of a writ of habeas corpus, and the same may be denied, and like
allegations, proofs, and trial may thereupon be had as upon a return
to a writ of habeas corpus.



1501. If such party is held under illegal restraint or custody, he
must be discharged; and if not, he must be restored to the care or
custody of the person entitled thereto.



1502. Any writ or process authorized by this Chapter may be issued
and served on any day or at any time.



1503. All writs, warrants, process, and subpoenas authorized by the
provisions of this Chapter must be issued by the Clerk of the Court,
and, except subpoenas, must be sealed with the seal of such Court,
and served and returned forthwith, unless the Court or Judge shall
specify a particular time for any such return.


1504. All such writs and process, when made returnable before a
Judge, must be returned before him at the county seat, and there
heard and determined.


1505. If the officer or person to whom a writ of habeas corpus is
directed, refuses obedience to the command thereof, he shall forfeit
and pay to the person aggrieved a sum not exceeding ten thousand
dollars ($10,000), to be recovered by action in any court of
competent jurisdiction.



1506. An appeal may be taken to the court of appeal by the people
from a final order of a superior court made upon the return of a writ
of habeas corpus discharging a defendant or otherwise granting all
or any part of the relief sought, in all criminal cases, excepting
criminal cases where judgment of death has been rendered, and in such
cases to the Supreme Court; and in all criminal cases where an
application for a writ of habeas corpus has been heard and determined
in a court of appeal, either the defendant or the people may apply
for a hearing in the Supreme Court. Such appeal shall be taken and
such application for hearing in the Supreme Court shall be made in
accordance with rules to be laid down by the Judicial Council. If
the people appeal from an order granting the discharge or release of
the defendant, or petition for hearing in either the court of appeal
or the Supreme Court, the defendant shall be admitted to bail or
released on his own recognizance or any other conditions which the
court deems just and reasonable, subject to the same limitations,
terms, and conditions which are applicable to, or may be imposed
upon, a defendant who is awaiting trial. If the order grants relief
other than a discharge or release from custody, the trial court or
the court in which the appeal or petition for hearing is pending may,
upon application by the people, in its discretion, and upon such
conditions as it deems just stay the execution of the order pending
final determination of the matter.


1507. Where an application for a writ of habeas corpus has been
made by or on behalf of any person other than a defendant in a
criminal case, an appeal may be taken to the court of appeal from a
final order of a superior court granting all or any part of the
relief sought; and where such application has been heard and
determined in a court of appeal, either on an application filed in
that court or on appeal from a superior court, and all or any part of
the relief sought has been granted, an application may be made for a
hearing in the Supreme Court. Such appeal shall be taken and such
application for hearing in the Supreme Court shall be made in
accordance with rules to be laid down by the Judicial Council. The
court which made the order granting relief or the court in which the
appeal or petition for hearing is pending may, in its discretion, and
upon such conditions as it deems just stay the execution of the
order pending final determination of the matter.



1508. (a) A writ of habeas corpus issued by the Supreme Court or a
judge thereof may be made returnable before the issuing judge or his
court, before any court of appeal or judge thereof, or before any
superior court or judge thereof.
(b) A writ of habeas corpus issued by a court of appeal or a judge
thereof may be made returnable before the issuing judge or his court
or before any superior court or judge thereof located in that
appellate district.
(c) A writ of habeas corpus issued by a superior court or a judge
thereof may be made returnable before the issuing judge or his court.

[هيثم الفقى]

1510. The denial of a motion made pursuant to Section 995 or 1538.5
may be reviewed prior to trial only if the motion was made by the
defendant in the trial court not later than 45 days following
defendant's arraignment on the complaint if a misdemeanor, or 60 days
following defendant's arraignment on the information or indictment
if a felony, unless within these time limits the defendant was
unaware of the issue or had no opportunity to raise the issue.



1511. If in a felony case the superior court sets the trial beyond
the period of time specified in Section 1049.5, in violation of
Section 1049.5, or continues the hearing of any matter without good
cause, and good cause is required by law for such a continuance,
either party may file a petition for writ of mandate or prohibition
in the court of appeal seeking immediate appellate review of the
ruling setting the trial or granting the continuance. Such a petition
shall have precedence over all other cases in the court to which the
petition is assigned, including, but not limited to, cases that
originated in the juvenile court. If the court of appeal grants a
peremptory writ, it shall issue the writ and a remittitur three court
days after its decision becomes final as to that court if such
action is necessary to prevent mootness or to prevent frustration of
the relief granted, notwithstanding the right of the parties to file
a petition for review in the Supreme Court. When the court of appeal
issues the writ and remittitur as provided herein, the writ shall
command the superior court to proceed with the criminal case without
further delay, other than that reasonbly necessary for the parties to
obtain the attendance of their witnesses.
The Supreme Court may stay or recall the issuance of the writ and
remittitur. The Supreme Court's failure to stay or recall the
issuance of the writ and remittitur shall not deprive the respondent
or the real party in interest of its right to file a petition for
review in the Supreme Court.



1512. (a) In addition to petitions for a writ of mandate,
prohibition, or review which the people are authorized to file
pursuant to any other statute or pursuant to any court decision, the
people may also seek review of an order granting a defendant's motion
for severance or discovery by a petition for a writ of mandate or
prohibition.
(b) In construing the legislative intent of subdivision (a), no
inference shall be drawn from the amendment to Assembly Bill 1052 of
the 1989-90 Regular Session of the Legislature which deleted
reference to the case of People v. Superior Court, 69 Cal. 2d 491.

[هيثم الفقى]

1523. A search warrant is an order in writing, in the name of the
people, signed by a magistrate, directed to a peace officer,
commanding him or her to search for a person or persons, a thing or
things, or personal property, and, in the case of a thing or things
or personal property, bring the same before the magistrate.




1524. (a) A search warrant may be issued upon any of the following
grounds:
(1) When the property was stolen or embezzled.
(2) When the property or things were used as the means of
committing a felony.
(3) When the property or things are in the possession of any
person with the intent to use them as a means of committing a public
offense, or in the possession of another to whom he or she may have
delivered them for the purpose of concealing them or preventing them
from being discovered.
(4) When the property or things to be seized consist of any item
or constitute any evidence that tends to show a felony has been
committed, or tends to show that a particular person has committed a
felony.
(5) When the property or things to be seized consist of evidence
that tends to show that ***ual exploitation of a child, in violation
of Section 311.3, or possession of matter depicting ***ual conduct of
a person under the age of 18 years, in violation of Section 311.11,
has occurred or is occurring.
(6) When there is a warrant to arrest a person.
(7) When a provider of electronic communication service or remote
computing service has records or evidence, as specified in Section
1524.3, showing that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the possession of any
person with the intent to use them as a means of committing a
misdemeanor public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of concealing them
or preventing their discovery.
(8) When the property or things to be seized include an item or
any evidence that tends to show a violation of Section 3700.5 of the
Labor Code, or tends to show that a particular person has violated
Section 3700.5 of the Labor Code.
(b) The property, things, person, or persons described in
subdivision (a) may be taken on the warrant from any place, or from
any person in whose possession the property or things may be.
(c) Notwithstanding subdivision (a) or (b), no search warrant
shall issue for any documentary evidence in the possession or under
the control of any person who is a lawyer as defined in Section 950
of the Evidence Code, a physician as defined in Section 990 of the
Evidence Code, a psychotherapist as defined in Section 1010 of the
Evidence Code, or a member of the clergy as defined in Section 1030
of the Evidence Code, and who is not reasonably suspected of engaging
or having engaged in criminal activity related to the documentary
evidence for which a warrant is requested unless the following
procedure has been complied with:
(1) At the time of the issuance of the warrant, the court shall
appoint a special master in accordance with subdivision (d) to
accompany the person who will serve the warrant. Upon service of the
warrant, the special master shall inform the party served of the
specific items being sought and that the party shall have the
opportunity to provide the items requested. If the party, in the
judgment of the special master, fails to provide the items requested,
the special master shall conduct a search for the items in the areas
indicated in the search warrant.
(2) (A) If the party who has been served states that an item or
items should not be disclosed, they shall be sealed by the special
master and taken to court for a hearing.
(B) At the hearing, the party searched shall be entitled to raise
any issues that may be raised pursuant to Section 1538.5 as well as a
claim that the item or items are privileged, as provided by law. The
hearing shall be held in the superior court. The court shall provide
sufficient time for the parties to obtain counsel and make any
motions or present any evidence. The hearing shall be held within
three days of the service of the warrant unless the court makes a
finding that the expedited hearing is impracticable. In that case the
matter shall be heard at the earliest possible time.
(C) If an item or items are taken to court for a hearing, any
limitations of time prescribed in Chapter 2 (commencing with Section
799) of Title 3 of Part 2 shall be tolled from the time of the
seizure until the final conclusion of the hearing, including any
associated writ or appellate proceedings.
(3) The warrant shall, whenever practicable, be served during
normal business hours. In addition, the warrant shall be served upon
a party who appears to have possession or control of the items
sought. If, after reasonable efforts, the party serving the warrant
is unable to locate the person, the special master shall seal and
return to the court, for determination by the court, any item that
appears to be privileged as provided by law.
(d) (1) As used in this section, a "special master" is an attorney
who is a member in good standing of the California State Bar and who
has been selected from a list of qualified attorneys that is
maintained by the State Bar particularly for the purposes of
conducting the searches described in this section. These attorneys
shall serve without compensation. A special master shall be
considered a public employee, and the governmental entity that caused
the search warrant to be issued shall be considered the employer of
the special master and the applicable public entity, for purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, relating to claims and actions against public
entities and public employees. In selecting the special master, the
court shall make every reasonable effort to ensure that the person
selected has no relationship with any of the parties involved in the
pending matter. Any information obtained by the special master shall
be confidential and may not be divulged except in direct response to
inquiry by the court.
(2) In any case in which the magistrate determines that, after
reasonable efforts have been made to obtain a special master, a
special master is not available and would not be available within a
reasonable period of time, the magistrate may direct the party
seeking the order to conduct the search in the manner described in
this section in lieu of the special master.
(e) Any search conducted pursuant to this section by a special
master may be conducted in a manner that permits the party serving
the warrant or his or her designee to accompany the special master as
he or she conducts his or her search. However, that party or his or
her designee may not participate in the search nor shall he or she
examine any of the items being searched by the special master except
upon agreement of the party upon whom the warrant has been served.
(f) As used in this section, "documentary evidence" includes, but
is not limited to, writings, documents, blueprints, drawings,
photographs, computer printouts, microfilms, X-rays, files, diagrams,
ledgers, books, tapes, audio and video recordings, films, and papers
of any type or description.
(g) No warrant shall issue for any item or items described in
Section 1070 of the Evidence Code.
(h) Notwithstanding any other law, no claim of attorney work
product as described in Chapter 4 (commencing with Section 2018.010)
of Title 4 of Part 4 of the Code of Civil Procedure shall be
sustained where there is probable cause to believe that the lawyer is
engaging or has engaged in criminal activity related to the
documentary evidence for which a warrant is requested unless it is
established at the hearing with respect to the documentary evidence
seized under the warrant that the services of the lawyer were not
sought or obtained to enable or aid anyone to commit or plan to
commit a crime or a fraud.
(i) Nothing in this section is intended to limit an attorney's
ability to request an in camera hearing pursuant to the holding of
the Supreme Court of California in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.
(j) In addition to any other circumstance permitting a magistrate
to issue a warrant for a person or property in another county, when
the property or things to be seized consist of any item or constitute
any evidence that tends to show a violation of Section 530.5, the
magistrate may issue a warrant to search a person or property located
in another county if the person whose identifying information was
taken or used resides in the same county as the issuing court.



1524.1. (a) The primary purpose of the testing and disclosure
provided in this section is to benefit the victim of a crime by
informing the victim whether the defendant is infected with the HIV
virus. It is also the intent of the Legislature in enacting this
section to protect the health of both victims of crime and those
accused of committing a crime. Nothing in this section shall be
construed to authorize mandatory testing or disclosure of test
results for the purpose of a charging decision by a prosecutor, nor,
except as specified in subdivisions (g) and (i), shall this section
be construed to authorize breach of the confidentiality provisions
contained in Chapter 7 (commencing with Section 120975) of Part 4 of
Division 105 of the Health and Safety Code.
(b) (1) Notwithstanding the provisions of Chapter 7 (commencing
with Section 120975) of Part 4 of Division 105 of the Health and
Safety Code, when a defendant has been charged by complaint,
information, or indictment with a crime, or a minor is the subject of
a petition filed in juvenile court alleging the commission of a
crime, the court, at the request of the victim, may issue a search
warrant for the purpose of testing the accused's blood or oral
mucosal transudate saliva with any HIV test, as defined in Section
120775 of the Health and Safety Code only under the following
circumstances: when the court finds, upon the conclusion of the
hearing described in paragraph (3), or in those cases in which a
preliminary hearing is not required to be held, that there is
probable cause to believe that the accused committed the offense, and
that there is probable cause to believe that blood, semen, or any
other bodily fluid identified by the State Department of Health
Services in appropriate regulations as capable of transmitting the
human immunodeficiency virus has been transferred from the accused to
the victim.
(2) Notwithstanding Chapter 7 (commencing with Section 120975) of
Part 4 of Division 105 of the Health and Safety Code, when a
defendant has been charged by complaint, information, or indictment
with a crime under Section 220, 261, 261.5, 262, 264.1, 266c, 269,
286, 288, 288a, 288.5, 289, or 289.5, or with an attempt to commit
any of the offenses, and is the subject of a police report alleging
the commission of a separate, uncharged offense that could be charged
under Section 220, 261, 261.5, 262, 264.1, 266c, 269, 286, 288,
288a, 288.5, 289, or 289.5, or of an attempt to commit any of the
offenses, or a minor is the subject of a petition filed in juvenile
court alleging the commission of a crime under Section 220, 261,
261.5, 262, 264.1, 266c, 269, 286, 288, 288a, 288.5, 289, or 289.5,
or of an attempt to commit any of the offenses, and is the subject of
a police report alleging the commission of a separate, uncharged
offense that could be charged under Section 220, 261, 261.5, 262,
264.1, 266c, 269, 286, 288, 288a, 288.5, 289, or 289.5, or of an
attempt to commit any of the offenses, the court, at the request of
the victim of the uncharged offense, may issue a search warrant for
the purpose of testing the accused's blood or oral mucosal transudate
saliva with any HIV test, as defined in Section 120775 of the Health
and Safety Code only under the following circumstances: when the
court finds that there is probable cause to believe that the accused
committed the uncharged offense, and that there is probable cause to
believe that blood, semen, or any other bodily fluid identified by
the State Department of Health Services in appropriate regulations as
capable of transmitting the human immunodeficiency virus has been
transferred from the accused to the victim. As used in this
paragraph, "Section 289.5" refers to the statute enacted by Chapter
293 of the Statutes of 1991, penetration by an unknown object.
(3) (A) Prior to the issuance of a search warrant pursuant to
paragraph (1), the court, where applicable and at the conclusion of
the preliminary examination if the defendant is ordered to answer
pursuant to Section 872, shall conduct a hearing at which both the
victim and the defendant have the right to be present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (1) shall be admissible.
(B) Prior to the issuance of a search warrant pursuant to
paragraph (2), the court, where applicable, shall conduct a hearing
at which both the victim and the defendant are present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (2) shall be admissible.
(4) A request for a probable cause hearing made by a victim under
paragraph (2) shall be made before sentencing in the superior court,
or before disposition on a petition in a juvenile court, of the
criminal charge or charges filed against the defendant.
(c) (1) In all cases in which the person has been charged by
complaint, information, or indictment with a crime, or is the subject
of a petition filed in a juvenile court alleging the commission of a
crime, the prosecutor shall advise the victim of his or her right to
make this request. To assist the victim of the crime to determine
whether he or she should make this request, the prosecutor shall
refer the victim to the local health officer for prerequest
counseling to help that person understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the accused, to ensure
that the victim understands both the benefits and limitations of the
current tests for HIV, to help the victim decide whether he or she
wants to request that the accused be tested, and to help the victim
decide whether he or she wants to be tested.
(2) The Department of Justice, in cooperation with the California
District Attorneys Association, shall prepare a form to be used in
providing victims with the notice required by paragraph (1).
(d) If the victim decides to request HIV testing of the accused,
the victim shall request the issuance of a search warrant, as
described in subdivision (b).
Neither the failure of a prosecutor to refer or advise the victim
as provided in this subdivision, nor the failure or refusal by the
victim to seek or obtain counseling, shall be considered by the court
in ruling on the victim's request.
(e) The local health officer shall make provision for
administering all HIV tests ordered pursuant to subdivision (b).
(f) Any blood or oral mucosal transudate saliva tested pursuant to
subdivision (b) shall be subjected to appropriate confirmatory tests
to ensure accuracy of the first test results, and under no
circumstances shall test results be transmitted to the victim or the
accused unless any initially reactive test result has been confirmed
by appropriate confirmatory tests for positive reactors.
(g) The local health officer shall have the responsibility for
disclosing test results to the victim who requested the test and to
the accused who was tested. However, no positive test results shall
be disclosed to the victim or to the accused without also providing
or offering professional counseling appropriate to the circumstances.

(h) The local health officer and victim shall comply with all laws
and policies relating to medical confidentiality subject to the
disclosure authorized by subdivisions (g) and (i). Any individual
who files a false report of ***ual assault in order to obtain test
result information pursuant to this section shall, in addition to any
other liability under law, be guilty of a misdemeanor punishable as
provided in subdivision (c) of Section 120980 of the Health and
Safety Code. Any individual as described in the preceding sentence
who discloses test result information obtained pursuant to this
section shall also be guilty of an additional misdemeanor punishable
as provided for in subdivision (c) of Section 120980 of the Health
and Safety Code for each separate disclosure of that information.
(i) Any victim who receives information from the health officer
pursuant to subdivision (g) may disclose the test results as the
victim deems necessary to protect his or her health and safety or the
health and safety of his or her family or ***ual partner.
(j) Any person transmitting test results or disclosing information
pursuant to this section shall be immune from civil liability for
any actions taken in compliance with this section.
(k) The results of any blood or oral mucosal transudate saliva
tested pursuant to subdivision (b) shall not be used in any criminal
proceeding as evidence of either guilt or innocence.



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



1524.3. (a) A provider of electronic communication service or
remote computing service, as used in Chapter 121 (commencing with
Section 2701) of Title 18 of the United States Code, shall disclose
to a governmental prosecuting or investigating agency the name,
address, local and long distance telephone toll billing records,
telephone number or other subscriber number or identity, and length
of service of a subscriber to or customer of that service, and the
types of services the subscriber or customer utilized, when the
governmental entity is granted a search warrant pursuant to paragraph
(7) of subdivision (a) of Section 1524.
(b) A governmental entity receiving subscriber records or
information under this section is not required to provide notice to a
subscriber or customer.
(c) A court issuing a search warrant pursuant to paragraph (7) of
subdivision (a) of Section 1524, on a motion made promptly by the
service provider, may quash or modify the warrant if the information
or records requested are unusually voluminous in nature or compliance
with the warrant otherwise would cause an undue burden on the
provider.
(d) A provider of wire or electronic communication services or a
remote computing service, upon the request of a peace officer, shall
take all necessary steps to preserve records and other evidence in
its possession pending the issuance of a search warrant or a request
in writing and an affidavit declaring an intent to file a warrant to
the provider. Records shall be retained for a period of 90 days,
which shall be extended for an additional 90-day period upon a
renewed request by the peace officer.
(e) No cause of action shall be brought against any provider, its
officers, employees, or agents for providing information, facilities,
or assistance in good faith compliance with a search warrant.




1525. A search warrant cannot be issued but upon probable cause,
supported by affidavit, naming or describing the person to be
searched or searched for, and particularly describing the property,
thing, or things and the place to be searched.
The application shall specify when applicable, that the place to
be searched is in the possession or under the control of an attorney,
physician, psychotherapist or clergyman.



1526. (a) The magistrate, before issuing the warrant, may examine
on oath the person seeking the warrant and any witnesses the person
may produce, and shall take his or her affidavit or their affidavits
in writing, and cause the affidavit or affidavits to be subscribed by
the party or parties making them.
(b) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath under one of the
following conditions:
(1) The oath shall be made under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be an
affidavit for the purposes of this chapter. In these cases, 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 in these cases, the
sworn oral statement shall be recorded by a certified court reporter
and the transcript of the statement shall be certified by the
reporter, after which the magistrate receiving it shall certify the
transcript which shall be filed with the clerk of the court.
(2) The oath is made using telephone and facsimile transmission
equipment, or made using telephone and electronic mail, as follows:
(A) The oath is made during a telephone conversation with the
magistrate, whereafter the affiant shall sign his or her affidavit in
support of the application for the search warrant. The affiant's
signature shall be in the form of a digital signature if electronic
mail is used for transmission to the magistrate. The proposed search
warrant and all supporting affidavits and attachments shall then be
transmitted to the magistrate utilizing facsimile transmission
equipment or electronic mail.
(B) The magistrate shall confirm with the affiant the receipt of
the search warrant and the supporting affidavits and attachments.
The magistrate shall verify that all the pages sent have been
received, that all pages are legible, and that the affiant's
signature or digital signature is acknowledged as genuine.
(C) If the magistrate decides to issue the search warrant, he or
she shall:
(i) Cause the warrant, supporting affidavit, 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 affiant was
administered orally over the telephone.
The completed search 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 search warrant to the
affiant who shall telephonically acknowledge its receipt. The
Magistrate shall then telephonically authorize the affiant to write
the words "duplicate original" on the copy of the completed search
warrant transmitted to the affiant and this document shall be deemed
to be a duplicate original search warrant. The original warrant and
any affidavits or attachments in support thereof, and any duplicate
original warrant, shall be returned as provided in Section 1534.




1527. The affidavit or affidavits must set forth the facts tending
to establish the grounds of the application, or probable cause for
believing that they exist.



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


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

E.F., Judge of the (applicable) Court.




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


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


1532. He may break open any outer or inner door or window of a
house, for the purpose of liberating a person who, having entered to
aid him in the execution of the warrant, is detained therein, or when
necessary for his own liberation.


1533. Upon a showing of good cause, the magistrate may, in his or
her discretion, insert a direction in a search warrant that it may be
served at any time of the day or night. In the absence of such a
direction, the warrant shall be served only between the hours of 7
a.m. and 10 p.m.
When establishing "good cause" under this section, the magistrate
shall consider the safety of the peace officers serving the warrant
and the safety of the public as a valid basis for nighttime
endorsements.



1534. (a) A search warrant shall be executed and returned within 10
days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has
been executed, the documents and records shall be open to the public
as a judicial record.
(b) If a duplicate original search warrant has been executed, the
peace officer who executed the warrant shall enter the exact time of
its execution on its face.
(c) A search warrant may be made returnable before the issuing
magistrate or his court.



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



1536. All property or things taken on a warrant must be retained by
the officer in his custody, subject to the order of the court to
which he is required to return the proceedings before him, or of any
other court in which the offense in respect to which the property or
things taken is triable.


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



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



1538. The magistrate must thereupon, if required, deliver a copy of
the inventory to the person from whose possession the property was
taken, and to the applicant for the warrant.



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



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



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



1541. The magistrate must annex the affidavit, or affidavits, the
search warrant and return, and the inventory, and if he has not power
to inquire into the offense in respect to which the warrant was
issued, he must at once file such warrant and return and such
affidavit, or affidavits, and inventory with the clerk of the court
having power to so inquire.



1542. When a person charged with a felony is supposed by the
magistrate before whom he is brought to have on his person a
dangerous weapon, or anything which may be used as evidence of the
commission of the offense, the magistrate may direct him to be
searched in his presence, and the weapon or other thing to be
retained, subject to his order, or to the order of the Court in which
the defendant may be tried.

[هيثم الفقى]

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



1544. A law enforcement agency applying for disclosure of patient
records under Section 1543 may petition the court for an
extraordinary order delaying the notice of the application to the
health care facility required by subdivision (f) of Section 1543 for
a period of 30 days, upon a showing of good cause to believe that
notice would seriously impede the investigation.



1545. For the purposes of this chapter:
(a) "Health care facility" means any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, or any mental hospital,
drug abuse clinic, or detoxification center.
(b) "Law enforcement agency" means the Attorney General of the
State of California, every district attorney, and every agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.

[هيثم الفقى]

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



1548. As used in this chapter:
(a) "Governor" means any person performing the functions of
Governor by authority of the law of this State.
(b) "Executive authority" means the Governor or any person
performing the functions of Governor in a State other than this
State.
(c) "State," referring to a State other than the State of
California, means any other State or Territory, organized or
unorganized, of the United States of America.
(d) "Laws of the United States" means: (1) those laws of the
United States passed by Congress pursuant to authority given to
Congress by the Constitution of the United States where the laws of
the United States are controlling, and (2) those laws of the United
States not controlling the several States of the United States but
which are not in conflict with the provisions of this chapter.



1548.1. Subject to the provisions of this chapter, the Constitution
of the United States, and the laws of the United States, it is the
duty of the Governor of this State to have arrested and delivered up
to the executive authority of any other State any person charged in
that State with treason, felony, or other crime, who has fled from
justice and is found in this State.



1548.2. No demand for the extradition of a person charged with
crime in another State shall be recognized by the Governor unless it
is in writing alleging that the accused was present in the demanding
State at the time of the commission of the alleged crime, and that
thereafter he fled from that State. Such demand shall be accompanied
by a copy of an indictment found or by information or by a copy of an
affidavit made before a magistrate in the demanding State together
with a copy of any warrant which was issued thereon; or such demand
shall be accompanied by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by
the executive authority of the demanding State that the person
claimed has escaped from confinement or has violated the terms of his
bail, probation or parole. The indictment, information, or
affidavit made before the magistrate must substantially charge the
person demanded with having committed a crime under the law of that
State; and the copy of indictment, information, affidavit, judgment
of conviction or sentence must be certified as authentic by the
executive authority making the demand.



1548.3. When a demand is made upon the Governor of this State by
the executive authority of another State for the surrender of a
person so charged with crime, the Governor may call upon the Attorney
General or any district attorney in this State to investigate or
assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether he
ought to be surrendered according to the provision of this chapter.



1549. When it is desired to have returned to this state a person
charged in this state with a crime, and the person is imprisoned or
is held under criminal proceedings then pending against him or her in
another state, the Governor of this state may agree with the
executive authority of the other state for the extradition of the
person before the conclusion of the proceedings or his or her term
of sentence in the other state, upon the condition that the person be
returned to the other state at the expense of this state as soon as
the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who
is charged in the manner provided in Section 1548.2 with having
violated the laws of the demanding state even though such person left
the demanding state involuntarily.



1549.1. The Governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this state
charged in the other state in the manner provided in Section 1548.2
with committing an act in this state, or in a third state,
intentionally resulting in a crime in the state whose executive
authority is making the demand. The provisions of this chapter, not
otherwise inconsistent, shall apply to those cases, even though the
accused was not in the demanding state at the time of the commission
of the crime, and has not fled therefrom. Neither the demand, the
oath, nor any proceedings under this chapter pursuant to this section
need state or show that the accused has fled from justice from, or
at the time of the commission of the crime was in, the demanding or
other state.



1549.2. If a demand conforms to the provisions of this chapter, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State shall sign a
warrant of arrest, which shall be sealed with the State Seal, and
shall be directed to any peace officer or other person whom he may
entrust with the execution thereof. The warrant must substantially
recite the facts necessary to the validity of its issuance. The
provisions of Section 850 shall be applicable to such warrant, except
that it shall not be necessary to include a warrant number, address,
or description of the subject, provided that a complaint under
Section 1551 is then pending against the subject.



1549.3. Such warrant shall authorize the peace officer or other
person to whom it is directed:
(a) To arrest the accused at any time and any place where he may
be found within the State;
(b) To command the aid of all peace officers or other persons in
the execution of the warrant; and
(c) To deliver the accused, subject to the provisions of this
chapter, to the duly authorized agent of the demanding State.



1550. Every peace officer or other person empowered to make the
arrest hereunder shall have the same authority, in arresting the
accused, to command assistance therefor as the persons designated in
Section 150. Failure or refusal to render that assistance is a
violation of Section 150.



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



1550.2. Any officer or other person entrusted with a Governor's
warrant who delivers to the agent of the demanding State a person in
his custody under such Governor's warrant, in wilful disobedience to
the preceding section, is guilty of a misdemeanor and, on conviction
thereof, shall be fined not more than $1,000 or be imprisoned not
more than six months, or both.



1550.3. The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding State to whom the prisoner has
been delivered may confine the prisoner in the jail of any county or
city through which he may pass. The keeper of such jail must receive
and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route. Such officer or
person shall be charged with the expense of keeping the prisoner.
The officer or agent of a demanding State to whom a prisoner has
been delivered following extradition proceedings in another State, or
to whom a prisoner has been delivered after waiving extradition in
such other State, and who is passing through this State with such a
prisoner for the purpose of immediately returning such prisoner to
the demanding State may confine the prisoner in the jail of any
county or city through which he may pass. The keeper of such jail
must receive and safely keep the prisoner until the officer or agent
having charge of him is ready to proceed on his route. Such officer
or agent shall be charged with the expense of keeping the prisoner.
Such officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding State after a requisition
by the executive authority thereof. Such prisoner shall not be
entitled to demand a new requisition while in this State.



1551. (a) Whenever any person within this State is charged by a
verified complaint before any magistrate of this State with the
commission of any crime in any other State, or, with having been
convicted of a crime in that State and having escaped from
confinement, or having violated the terms of his bail, probation or
parole; or (b) whenever complaint is made before any magistrate in
this State setting forth on the affidavit of any credible person in
another State that a crime has been committed in such other State and
that the accused has been charged in such State with the commission
of the crime, or that the accused has been convicted of a crime in
that State and has escaped from bail, probation or parole and is
believed to be in this State; then the magistrate shall issue a
warrant directed to any peace officer commanding him to apprehend the
person named therein, wherever he may be found in this State, and to
bring him before the same or any other magistrate who is available
in or convenient of access to the place where the arrest is made. A
certified copy of the sworn charge or complaint and affidavit upon
which the warrant is issued shall be attached to the warrant.



1551.05. (a) Any person on outpatient status pursuant to Title 15
(commencing with Section 1600) of Part 2 or pursuant to subdivision
(d) of Section 2972 who leaves this state without complying with
Section 1611, or who fails to return to this state on the date
specified by the committing court, shall be subject to extradition in
accordance with this section.
(b) When the return to this state is required by a person who is
subject to extradition pursuant to subdivision (a), the Director of
Mental Health shall present to the Governor a written application for
requisition for the return of that person. In the requisition
application there shall be stated the name of the person, the type of
judicial commitment the person is under, the nature of the
underlying criminal act which was the basis for the judicial
commitment, the circumstances of the noncompliance with Section 1611,
and the state in which the person is believed to be, including the
specific location of the person, if known.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
court order of judicial commitment and of the court order authorizing
outpatient status. The director may also attach any affidavits or
other documents in duplicate as are deemed proper to be submitted
with the application. One copy of the application, with the action
of the Governor indicated by endorsement thereon, and one copy of the
court orders shall be filed in the office of the Secretary of State.
The other copies of all papers shall be forwarded with the Governor'
s requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person.



1551.1. The arrest of a person may also be lawfully made by any
peace officer, without a warrant, upon reasonable information that
the accused stands charged in the courts of any other state with a
crime punishable by death or imprisonment for a term exceeding one
year, or that the person has been convicted of a crime punishable in
the state of conviction by imprisonment for a term exceeding one year
and thereafter escaped from confinement or violated the terms of his
or her bail, probation or parole. When so arrested the accused
shall be taken before a magistrate with all practicable speed and
complaint shall be made against him or her under oath setting forth
the ground for the arrest as in Section 1551.


1551.2. At the initial appearance of a person arrested under
Section 1551 or 1551.1, he shall be informed of the reason for his
arrest and of his right to demand and procure counsel. If the person
denies that he is the same person charged with or convicted of a
crime in the other state, a hearing shall be held within 10 days to
determine whether there is probable cause to believe that he is the
same person and whether he is charged with or convicted of a crime in
the other state. At the hearing, the magistrate shall accept a
certified copy of an indictment found, an information, a verified
complaint, a judgment or sentence, or other judicial proceedings
against that person in the state in which the crime is charged or the
conviction occurred, and such copy shall constitute conclusive proof
of its contents. Witnesses from the other state shall not be
required to be present at the hearing.



1551.3. Immediately upon the arrest of the person charged, the
magistrate must give notice thereof to the district attorney. The
district attorney must immediately thereafter give notice to the
executive authority of the State, or to the prosecuting attorney or
presiding judge of the court of the city or county within the State
having jurisdiction of the offense, to the end that a demand may be
made for the arrest and surrender of the person charged.



1552. If at the hearing before the magistrate, it appears that the
accused is the person charged with having committed the crime
alleged, the magistrate must, by a warrant reciting the accusation,
commit him to the county jail for such a time, not exceeding thirty
days and specified in the warrant, as will enable the arrest of the
accused to be made under a warrant of the Governor on a requisition
of the executive authority of the State having jurisdiction of the
offense, unless the accused give bail as provided in section 1552.1,
or until he shall be legally discharged.



1552.1. Unless the offense with which the prisoner is charged, is
shown to be an offense punishable by death or life imprisonment under
the laws of the state in which it was committed, or it is shown that
the prisoner is alleged to have escaped or violated the terms of his
parole following conviction of a crime punishable in the state of
conviction by imprisonment for a term exceeding one year, the
magistrate may admit the person arrested to bail by bond or
undertaking, with sufficient sureties, and in such sum as he deems
proper, conditioned upon the appearance of such person before him at
a time specified in such bond or undertaking, and for his surrender
upon the warrant of the Governor of this state. Nothing in this
section or in Section 1553 shall be deemed to prevent the immediate
service of a Governor's warrant issued under Section 1549.2.



1552.2. If the accused is not arrested under warrant of the
Governor by the expiration of the time specified in the warrant,
bond, or undertaking, a magistrate may discharge him or may recommit
him for a further period of 60 days. In the latter event a justice
of the Supreme Court or court of appeal or a judge of the superior
court may again take bail for his appearance and surrender, as
provided in Section 1552.1 but within a period not to exceed 60 days
after the date of such new bond or undertaking.



1553. If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the
magistrate, by proper order, shall declare the bond forfeited and
order his immediate arrest without warrant if he be within this
State. Recovery may be had on such bond in the name of the people of
the State as in the case of other bonds or undertakings given by a
defendant in criminal proceedings.



1553.1. (a) If a criminal prosecution has been instituted against a
person charged under Section 1551 under the laws of this state and
is still pending, the Governor, with the consent of the Attorney
General, may surrender the person on demand of the executive
authority of another state or hold him or her until he or she has
been tried and discharged or convicted and served his or her sentence
in this state.
(b) If a criminal prosecution has been instituted under the laws
of this state against a person charged under Section 1551, the
restrictions on the length of commitment contained in Sections 1552
and 1552.2 shall not be applicable during the period that the
criminal prosecution is pending in this state.




1553.2. The guilt or innocence of the accused as to the crime with
which he is charged may not be inquired into by the Governor or in
any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided has been presented to
the Governor, except as such inquiry may be involved in identifying
the person held as the person charged with the crime.



1554. The Governor may recall his warrant of arrest or may issue
another warrant whenever he deems it proper.



1554.1. Whenever the Governor of this State shall demand the return
of a person charged with crime in this State or with escaping from
confinement or violating the terms of his bail, probation or parole
in this State, from the executive authority of any other State or of
any foreign government or the chief justice or an associate justice
of the Supreme Court of the District of Columbia authorized to
receive such demand, he shall issue a warrant under the seal of this
State to an agent, commanding him to receive the person so demanded
and to convey him to the proper officer in the county in this State
in which the offense was committed.



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


1555. A person brought into this State on, or after waiver of
extradition based on a criminal charge shall not be subject to
service of process in civil actions arising out of the same facts as
the criminal proceedings for which he is returned, until he has been
convicted in the criminal proceeding, or, if acquitted, until he has
had reasonable opportunity to return to the State from which he was
extradited.



1555.1. Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of his or her bail, probation or
parole may waive the issuance and service of the Governor's warrant
provided for in this chapter and all other procedure incidental to
extradition proceedings, by subscribing in the presence of a
magistrate within this state a writing which states that he or she
consents to return to the demanding state; provided, however, that
before such waiver shall be subscribed by such person, the magistrate
shall inform him or her of his or her rights to require the issuance
and service of a warrant of extradition as provided in this chapter.

If such waiver is executed, it shall forthwith be forwarded to the
office of the Governor of this state, and filed therein. The
magistrate shall remand the person to custody without bail, unless
otherwise stipulated by the district attorney with the concurrence of
the other state, and shall direct the officer having such person in
custody to deliver such person forthwith to the duly authorized
agent of the demanding state, and shall deliver to such agent a copy
of such waiver.
Nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the
demanding state, provided that state consents, nor shall this
procedure of waiver be deemed to be an exclusive procedure or to
limit the powers, rights or duties of the officers of the demanding
state or of this state.


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



1555.3. Nothing in this chapter shall be deemed to constitute a
waiver by this state of its right, power or privilege to try any
demanded person for crime committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this state; nor
shall any proceedings had under this chapter which result in, or
fail to result in, extradition be deemed a waiver by this state of
any of its rights, privileges or jurisdiction in any manner
whatsoever.



1556. After a person has been brought back to this State by
extradition proceedings, he may be tried in this State for other
crimes which he may be charged with having committed in this State as
well as for the crime or crimes specified in the requisition for his
extradition.



1556.1. The provisions of this chapter shall be so interpreted and
construed as to effectuate its general purposes to make uniform the
law of those states which enact legislation based upon the Uniform
Criminal Extradition Act.


1556.2. This chapter may be cited as the Uniform Criminal
Extradition Act.


1557. (a) This section shall apply when this state or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2 of
Article IV of the United States Constitution, or by the laws of this
state, has demanded the surrender of the fugitive from the executive
authority of any state of the United States, or of any foreign
government.
(b) Upon the approval of the Governor, the State Controller shall
audit and pay out of the State Treasury as provided in subdivision
(c) or (d) the accounts of the person employed to bring back the
fugitive, including any money paid by that person for all of the
following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of the fugitive.

(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by the sister state
without payment of which the authorities of the sister state refuse
to surrender the fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing the witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize the appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his or her extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as follows:
(1) When a warrant has been issued by any magistrate after the
filing of a complaint or the finding of an indictment and its
presentation to the court and filing by the clerk, and the person
named therein as defendant is a fugitive from justice who has been
found and arrested in any state of the United States or in any
foreign government, the county auditor shall draw his or her warrant
and the county treasurer shall pay to the person designated to return
the fugitive, the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his or her warrant and the city treasurer shall
pay to that person the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any funds advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, the place, the date, and to whom paid.
(4) A receipt obtained pursuant to paragraph (3) shall be filed by
the person designated to return the fugitive with the county auditor
or appropriate city officer or State Controller, as the case may be,
together with an affidavit by the person that the expenditures
represented by the receipts were necessarily made in the performance
of duty, and when the advance has been made by the county or city
treasurer to the person designated to return the fugitive, and has
thereafter been audited by the State Controller, the payment thereof
shall be made by the State Treasurer to the county or city treasury
that has advanced the funds.
(5) In every case where the expenses of the person employed to
bring back the fugitive as provided in this section, are less than
the amount advanced on the recommendation of the district attorney,
the person employed to bring back the fugitive shall return to the
county or city treasurer, as appropriate, the difference in amount
between the aggregate amount of receipts so filed by him or her, as
herein employed, and the amount advanced to the person upon the
recommendation of the district attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him or her, when audited by
the State Controller, shall be paid by the State Treasurer to the
person so designated.
(7) Any payments made out of the State Treasury pursuant to this
section shall be made from appropriations for the fiscal year in
which those payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the California Victim Compensation and Government Claims
Board. No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.



1558. No compensation, fee, profit, or reward of any kind can be
paid to or received by a public officer of this state, a corporation
or firm, or other person, for a service rendered in procuring from
the Governor the demand mentioned in Section 1557, or the surrender
of the fugitive, or for conveying him or her to this state, or
detaining him or her therein, except as provided for in that section.
Every person who violates any of the provisions of this section is
guilty of a misdemeanor.

[هيثم الفقى]

1562. The party prosecuting a special proceeding of a criminal
nature is designated in this Code as the complainant, and the adverse
party as the defendant.


1563. The provisions of Section 1401, in respect to entitling
affidavits, are applicable to such proceedings.



1564. The Courts and magistrates before whom such proceedings are
prosecuted may issue subpoenas for witnesses, and punish their
disobedience in the same manner as in a criminal action.

[هيثم الفقى]

PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE
STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE
A COURT
1567. When it is necessary to have a person imprisoned in the state
prison brought before any court, or a person imprisoned in a county
jail brought before a court sitting in another county, an order for
that purpose may be made by the court and executed by the sheriff of
the county where it is made. The order shall be signed by the judge
or magistrate and sealed with the seal of the court, if any. The
order shall be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____ (or
sheriff of ____, as the case may be):
An order having been made this day by me, that A.B. be produced in
this court as witness in the case of ____, you are commanded to
deliver him or her into the custody of ____.
Dated this ____ day of ____, 19__.

[هيثم الفقى]

OUTPATIENT STATUS FOR MENTALLY DISORDERED AND
DEVELOPMENTALLY DISABLED OFFENDERS


1600. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or Section
6316 or 6321 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment subject to the procedures and
provisions of this title, except that a developmentally disabled
person may be placed on outpatient status from that commitment under
the provisions of this title as modified by Section 1370.4. Any
person committed as a ***ually violent predator under the provisions
of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.



1600.5. For a person committed as a mentally disordered ***
offender under former Section 6316 or 6316.2 of the Welfare and
Institutions Code, or committed pursuant to Section 1026 or 1026.5,
or committed pursuant to Section 2972, who is placed on outpatient
status under the provisions of this title, time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of commitment
or toward the person's term of extended commitment. Nothing in this
section shall be construed to extend the maximum period of parole of
a mentally disordered offender.



1601. (a) In the case of any person charged with and found
incompetent on a charge of, convicted of, or found not guilty by
reason of insanity of murder, mayhem, aggravated mayhem, a violation
of Section 207, 209, or 209.5 in which the victim suffers
intentionally inflicted great bodily injury, robbery or carjacking
with a deadly or dangerous weapon or in which the victim suffers
great bodily injury, a violation of subdivision (a) or (b) of Section
451, a violation of paragraph (2), (3), or (6) of subdivision (a) of
Section 261, a violation of paragraph (1) or (4) of subdivision (a)
of Section 262, a violation of Section 459 in the first degree, a
violation of Section 220 in which the victim suffers great bodily
injury, a violation of Section 288, a violation of Section 12303.1,
12303.2, 12303.3, 12308, 12309, or 12310, or any felony involving
death, great bodily injury, or an act which poses a serious threat of
bodily harm to another person, outpatient status under this title
shall not be available until that person has actually been confined
in a state hospital or other facility for 180 days or more after
having been committed under the provisions of law specified in
Section 1600.
(b) In the case of any person charged with, and found incompetent
on a charge of, or convicted of, any misdemeanor or any felony other
than those described in subdivision (a), or found not guilty of any
misdemeanor by reason of insanity, outpatient status under this title
may be granted by the court prior to actual confinement in a state
hospital or other treatment facility under the provisions of law
specified in Section 1600.



1602. (a) Any person subject to the provisions of subdivision (b)
of Section 1601 may be placed on outpatient status, if all of the
following conditions are satisfied:
(1) In the case of a person who is an inpatient, the director of
the state hospital or other treatment facility to which the person
has been committed advises the court that the defendant will not be a
danger to the health and safety of others while on outpatient
status, and will benefit from such outpatient status.
(2) In all cases, the community program director or a designee
advises the court that the defendant will not be a danger to the
health and safety of others while on outpatient status, will benefit
from such status, and identifies an appropriate program of
supervision and treatment.
(3) After actual notice to the prosecutor and defense counsel, and
after a hearing in court, the court specifically approves the
recommendation and plan for outpatient status.
(b) The community program director or a designee shall prepare and
submit the evaluation and the treatment plan specified in paragraph
(2) of subdivision (a) to the court within 15 calendar days after
notification by the court to do so, except that in the case of a
person who is an inpatient, the evaluation and treatment plan shall
be submitted within 30 calendar days after notification by the court
to do so.
(c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration
of complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.



1603. (a) Any person subject to subdivision (a) of Section 1601 may
be placed on outpatient status if all of the following conditions
are satisfied:
(1) The director of the state hospital or other treatment facility
to which the person has been committed advises the committing court
and the prosecutor that the defendant would no longer be a danger to
the health and safety of others, including himself or herself, while
under supervision and treatment in the community, and will benefit
from that status.
(2) The community program director advises the court that the
defendant will benefit from that status, and identifies an
appropriate program of supervision and treatment.
(3) The prosecutor shall provide notice of the hearing date and
pending release to the victim or next of kin of the victim of the
offense for which the person was committed where a request for the
notice has been filed with the court, and after a hearing in court,
the court specifically approves the recommendation and plan for
outpatient status pursuant to Section 1604. The burden shall be on
the victim or next of kin to the victim to keep the court apprised of
the party's current mailing address.
In any case in which the victim or next of kin to the victim has
filed a request for notice with the director of the state hospital or
other treatment facility, he or she shall be notified by the
director at the inception of any program in which the committed
person would be allowed any type of day release unattended by the
staff of the facility.
(b) The community program director shall prepare and submit the
evaluation and the treatment plan specified in paragraph (2) of
subdivision (a) to the court within 30 calendar days after
notification by the court to do so.
(c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration of
complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.



1604. (a) Upon receipt by the committing court of the
recommendation of the director of the state hospital or other
treatment facility to which the person has been committed that the
person may be eligible for outpatient status as set forth in
subdivision (a)(1) of Section 1602 or 1603, the court shall
immediately forward such recommendation to the community program
director, prosecutor, and defense counsel. The court shall provide
copies of the arrest reports and the state summary criminal history
information to the community program director.
(b) Within 30 calendar days the community program director or a
designee shall submit to the court and, when appropriate, to the
director of the state hospital or other treatment facility, a
recommendation regarding the defendant's eligibility for outpatient
status, as set forth in subdivision (a)(2) of Section 1602 or 1603
and the recommended plan for outpatient supervision and treatment.
The plan shall set forth specific terms and conditions to be followed
during outpatient status. The court shall provide copies of this
report to the prosecutor and the defense counsel.
(c) The court shall calendar the matter for hearing within 15
judicial days of the receipt of the community program director's
report and shall give notice of the hearing date to the prosecutor,
defense counsel, the community program director, and, when
appropriate, to the director of the state hospital or other facility.
In any hearing conducted pursuant to this section, the court shall
consider the circumstances and nature of the criminal offense leading
to commitment and shall consider the person's prior criminal
history.
(d) The court shall, after a hearing in court, either approve or
disapprove the recommendation for outpatient status. If the approval
of the court is given, the defendant shall be placed on outpatient
status subject to the terms and conditions specified in the
supervision and treatment plan. If the outpatient treatment occurs
in a county other than the county of commitment, the court shall
transmit a copy of the case record to the superior court in the
county where outpatient treatment occurs, so that the record will be
available if revocation proceedings are initiated pursuant to Section
1608 or 1609.


1605. (a) In accordance with Section 1615 of this code and Section
5709.8 of the Welfare and Institutions Code, the State Department of
Mental Health shall be responsible for the supervision of persons
placed on outpatient status under this title. The State Department
of Mental Health shall designate, for each county or region comprised
of two or more counties, a community program director who shall be
responsible for administering the community treatment programs for
persons committed from that county or region under the provisions
specified in Section 1600.
(b) The State Department of Mental Health shall notify in writing
the superior court, the district attorney, the county public defender
or public defense agency, and the county mental health director of
each county as to the person designated to be the community program
director for that county, and timely written notice shall be given
whenever a new community program director is to be designated.
(c) The community program director shall be the outpatient
treatment supervisor of persons placed on outpatient status under
this title. The community program director may delegate the
outpatient treatment supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, at 90-day intervals
following the beginning of outpatient treatment, submit to the
court, the prosecutor and defense counsel, and to the community
program director, where appropriate, a report setting forth the
status and progress of the defendant.



1606. Outpatient status shall be for a period not to exceed one
year. At the end of the period of outpatient status approved by the
court, the court shall, after actual notice to the prosecutor, the
defense counsel, and the community program director, and after a
hearing in court, either discharge the person from commitment under
appropriate provisions of the law, order the person confined to a
treatment facility, or renew its approval of outpatient status.
Prior to such hearing, the community program director shall furnish a
report and recommendation to the medical director of the state
hospital, where appropriate, and to the court, which the court shall
make available to the prosecutor and defense counsel. The person
shall remain on outpatient status until the court renders its
decision unless hospitalized under other provision of the law. The
hearing pursuant to the provisions of this section shall be held no
later than 30 days after the end of the one-year period of outpatient
status unless good cause exists. The court shall transmit a copy of
its order to the community program director or a designee.




1607. If the outpatient supervisor is of the opinion that the
person has regained competence to stand trial, or is no longer
insane, is no longer a mentally disordered offender, or is no longer
a mentally disordered *** offender, the community program director
shall submit his or her opinion to the medical director of the state
hospital, where appropriate, and to the court which shall calendar
the case for further proceedings under the provisions of Section
1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and
Institutions Code.


1608. If at any time during the outpatient period, the outpatient
treatment supervisor is of the opinion that the person requires
extended inpatient treatment or refuses to accept further outpatient
treatment and supervision, the community program director shall
notify the superior court in either the county which approved
outpatient status or in the county where outpatient treatment is
being provided of such opinion by means of a written request for
revocation of outpatient status. The community program director
shall furnish a copy of this request to the defense counsel and to
the prosecutor in both counties if the request is made in the county
of treatment rather than the county of commitment.
Within 15 judicial days, the court where the request was filed
shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the community program director. The court shall transmit a copy of
its order to the community program director or a designee. Where the
county of treatment and the county of commitment differ and
revocation occurs in the county of treatment, the court shall enter
the name of the committing county and its case number on the order of
revocation and shall send a copy of the order to the committing
court and the prosecutor and defense counsel in the county of
commitment.



1609. If at any time during the outpatient period or placement with
a local mental health program pursuant to subdivision (b) of Section
1026.2 the prosecutor is of the opinion that the person is a danger
to the health and safety of others while on that status, the
prosecutor may petition the court for a hearing to determine whether
the person shall be continued on that status. Upon receipt of the
petition, the court shall calendar the case for further proceedings
within 15 judicial days and the clerk shall notify the person, the
community program director, and the attorney of record for the person
of the hearing date. Upon failure of the person to appear as
noticed, if a proper affidavit of service and advisement has been
filed with the court, the court may issue a body attachment for such
person. If, after a hearing in court conducted using the same
standards used in conducting probation revocation hearings pursuant
to Section 1203.2, the judge determines that the person is a danger
to the health and safety of others, the court shall order that the
person be confined in a state hospital or other treatment facility
which has been approved by the community program director.



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


1611. (a) No person who is on outpatient status pursuant to this
title or Section 2972 shall leave this state without first obtaining
prior written approval to do so from the committing court. The prior
written approval of the court for the person to leave this state
shall specify when the person may leave, when the person is required
to return, and may specify other conditions or limitations at the
discretion of the court. The written approval for the person to
leave this state may be in a form and format chosen by the committing
court.
In no event shall the court give written approval for the person
to leave this state without providing notice to the prosecutor, the
defense counsel, and the community program director. The court may
conduct a hearing on the question of whether the person should be
allowed to leave this state and what conditions or limitations, if
any, should be imposed.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.



1612. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or former
Section 6316 or 6321 of the Welfare and Institutions Code shall not
be released therefrom except as expressly provided in this title or
Section 1026.2.



1614. Persons ordered to undergo outpatient treatment under former
Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of
Section 6325.1 of the Welfare and Institutions Code shall, on January
1, 1981, be considered as being on outpatient status under this
title and this title shall apply to such persons.



1615. Pursuant to Section 5709.8 of the Welfare and Institutions
Code, the State Department of Mental Health shall be responsible for
the community treatment and supervision of judicially committed
patients. These services shall be available on a county or regional
basis. The department may provide these services directly or through
contract with private providers or counties. The program or
programs through which these services are provided shall be known as
the Forensic Conditional Release Program.
The department shall contact all county mental health programs by
January 1, 1986, to determine their interest in providing an
appropriate level of supervision and treatment of judicially
committed patients at reasonable cost. County mental health agencies
may agree or refuse to operate such a program.
The State Department of Mental Health shall ensure consistent data
gathering and program standards for use statewide by the Forensic
Conditional Release Program.



1616. The state shall contract with a research agency which shall
determine the prevalence of severe mental disorder among the state
prison inmates and parolees, including persons admitted to prison,
the resident population, and those discharged to parole. An
evaluation of the array of services shall be performed, including
the correctional, state hospital, and local inpatient programs;
residential-level care and partial day care within the institutions
as well as in the community; and the individual and group treatment
which may be provided within the correctional setting and in the
community upon release. The review shall include the
interrelationship between the security and clinical staff, as well as
the architectural design which aids meeting the treatment needs of
these mentally ill offenders while maintaining a secure setting.
Administration of these programs within the institutions and in the
community shall be reviewed by the contracting agency. The ability
of treatment programs to prevent reoffenses by inmates with severe
mental disorders shall also be addressed. The process for evaluating
inmates and parolees to determine their need for treatment and the
ability to differentiate those who will benefit from treatment and
those who will not shall be reviewed.
The State Department of Mental Health, the Department of
Corrections, and the Department of Justice shall cooperate with the
research agency conducting this study.
The research agency conducting this study shall consult with the
State Department of Mental Health, the Department of Corrections, the
Department of Justice, and the Forensic Mental Health Association of
California in the design of the study.



1617. The State Department of Mental Health shall research the
demographic profiles and other related information pertaining to
persons receiving supervision and treatment in the Forensic
Conditional Release Program. An evaluation of the program shall
determine its effectiveness in successfully reintegrating these
persons into society after release from state institutions. This
evaluation of program effectiveness shall include, but not be limited
to, a determination of the rates of reoffense while these persons
are served by the program and after their discharge. This evaluation
shall also address the effectiveness of the various treatment
components of the program and their intensity.
The State Department of Mental Health may contract with an
independent research agency to perform this research and evaluation
project. Any independent research agency conducting this research
shall consult with the Forensic Mental Health Association concerning
the development of the research and evaluation design.



1618. The administrators and the supervision and treatment staff of
the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment. This waiver of liability shall apply to
employees of the State Department of Mental Health, the Board of
Prison Terms, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Prison Terms.



1619. The Department of Justice shall automate the criminal
histories of all persons treated in the Forensic Conditional Release
Program, as well as all persons committed as not guilty by reason of
insanity pursuant to Section 1026, incompetent to stand trial
pursuant to Section 1370 or 1370.2, any person currently under
commitment as a mentally disordered *** offender, and persons treated
pursuant to Section 1364 or 2684 or Article 4 (commencing with
Section 2960) of Chapter 7 of Title 1 of Part 3.



1620. The Department of Justice shall provide mental health
agencies providing treatment to patients pursuant to Sections 1600 to
1610, inclusive, or pursuant to Article 4 (commencing with Section
2960) of Chapter 7 of Title 1 of Part 3, with access to criminal
histories of those mentally ill offenders who are receiving treatment
and supervision. Treatment and supervision staff who have access to
these criminal histories shall maintain the confidentiality of the
information and shall sign a statement to be developed by the
Department of Justice which informs them of this obligation.

[هيثم الفقى]

IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
ESTABLISHMENT OF STATE PRISONS
California Institution for Men



2000. There is and shall continue to be a State prison to be known
as the California Institution for Men.



2001. The California Institution for Men shall be located at Chino,
San Bernardino County, California.



2002. The primary purpose of the California Institution for Men
shall be for the imprisonment of male offenders who, in the opinion
of the department, seem capable of moral rehabilitation and
restoration to good citizenship.

[هيثم الفقى]

2020. There is and shall continue to be a State prison to be known
as the California State Prison at San Quentin.



2021. The California State Prison at San Quentin shall be located
at San Quentin, in Marin County, California.



2022. The primary purpose of the California State Prison at San
Quentin shall be to provide confinement, industrial and other
training, treatment, and care to persons confined therein.

[هيثم الفقى]

2030. There is and shall continue to be a State prison to be known
as the California State Prison at Folsom.



2031. The California State Prison at Folsom shall be located at
Folsom, in Sacramento County, California.



2032. The primary purpose of the California State Prison at Folsom
shall be to provide confinement, industrial and other training,
treatment, and care to persons confined therein.

[هيثم الفقى]

2035. There is hereby established an institution for the
confinement of males under the custody of the Director of Corrections
and the Youth Authority to be known as the Deuel Vocational
Institution.



2037. There may be transferred to and confined in the Deuel
Vocational Institution any male, subject to the custody, control and
discipline of the Director of Corrections, or any male, subject to
the custody, control and discipline of the Youth Authority who has
been committed to the Youth Authority under the provisions of Section
1731.5 of the Welfare and Institutions Code, who the Director of
Corrections or Youth Authority, as the case may be, believes will be
benefited by confinement in such an institution.



2039. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the Deuel Vocational Institution. The director shall appoint,
subject to civil service, those other officers and employees as may
be necessary.
The Director of Corrections may remove a warden at his or her own
discretion at any time.



2040. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Deuel Vocational Institution.



2041. Part 3 (commencing with Section 2000) shall apply to the
Deuel Vocational Institution and to the persons confined therein so
far as those provisions may be applicable. Whenever the name
California Vocational Institution appears in any statute, it shall be
deemed for all purposes to refer to the Deuel Vocational
Institution.



2042. Every minor person confined in the Deuel Vocational Institute
who escapes or attempts to escape therefrom is guilty of a crime and
shall be imprisoned in a state prison, or in the county jail for not
exceeding one year.

[هيثم الفقى]

2043. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections to be known as the California Correctional
Center at Susanville.


2043.1. The primary purpose of the state prison authorized to be
established by Section 2043 shall be to provide custody and care, and
industrial, vocational, and other training to persons confined
therein.


2043.2. Any person under the custody of the Director of Corrections
may be transferred to the California Correctional Center at
Susanville in accordance with law.



2043.4. The warden of the California Correctional Center at
Susanville shall be appointed pursuant to Section 6050 and the
Director of Corrections shall appoint, subject to civil service,
those other officials and employees as may be necessary.




2043.5. Part 3 (commencing with Section 2000) shall apply to the
California Correctional Center at Susanville and to the persons
confined therein, insofar as those provisions may be applicable.

[هيثم الفقى]

2045. The Director of Corrections with the approval of the Board of
Corrections, is authorized to establish a State prison for the
confinement of males under the custody of the Director of
Corrections.



2045.1. The prison authorized to be established by Section 2045
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein. However, the Director of
Corrections may designate a portion or all of the prison to serve the
same purposes and to have the same security standards as the
institution provided for by Article 4 (commencing at Section 2035) of
Chapter 1 of Title 1 of Part 3.



2045.4. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the California Training Facility. The director shall appoint,
subject to civil service, those other officers and employees as may
be necessary.
The Director of Corrections may remove a warden at his or her own
discretion at any time.


2045.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures and facilities
for said institution.


2045.6. The provisions of Part 3 (commencing with Section 2000)
apply to the institution and to the persons confined therein insofar
as those provisions may be applicable.

[هيثم الفقى]

2045.10. The Director of Corrections is authorized to construct and
establish a state prison for the confinement of males under the
custody of the Director of Corrections.



2045.11. The facility authorized by Section 2045.10 shall be a
combination 1,000-bed Level III and 1,000-bed Level IV prison
together with a 200-bed Level I support services facility on the
existing grounds of the Correctional Training Facility in Monterey
County. The provisions of Division 13 (commencing with Section
21000) of the Public Resources Code that require consideration of
alternatives for a proposed project shall not apply to the project
authorized by Section 2045.10.

[هيثم الفقى]

2046. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections. It shall be a medium security institution
and shall be known as the California Men's Colony.




2046.1. The prison authorized to be established by Section 2046
shall be a medium security type institution. Its primary purpose
shall be to provide custody, care, industrial, vocational, and other
training to persons confined therein.


2046.2. Any person under the custody of the Director of Corrections
may be transferred to the said prison in accordance with law.



2046.4. A warden for the said prison shall be appointed pursuant to
Section 6050, and the Director of Corrections shall apoint, subject
to civil service, such other officials and employees as may be
necessary therefor, and shall fix their compensation.




2046.5. The Director of Corrections shall construct and equip in
accordance with law, suitable buildings, structures, and facilities
for the said prison.


2046.6. The provisions of this part shall apply to the prison and
to the persons confined therein insofar as those provisions may be
applicable.

[هيثم الفقى]

1053. If after the commencement of the trial of a criminal action
or proceeding in any court the judge or justice presiding at the
trial shall die, become ill, or for any other reason be unable to
proceed with the trial, any other judge or justice of the court in
which the trial is proceeding may proceed with and finish the trial;
or if there be no other judge or justice of that court available,
then the clerk, sheriff, or marshal shall adjourn the court and
notify the Chairman of the Judicial Council of the facts, and shall
continue the case from day to day until the time that the chairman
shall designate and assign a judge or justice of some other court,
and the judge or justice shall arrive, to proceed with and complete
the trial, or until such time as by stipulation in writing between
the prosecuting attorney and the attorney for the defendant, filed
with the court, a judge or justice shall be agreed upon by them, and
the judge or justice shall arrive to complete the trial. The judge
or justice authorized by this section to proceed with and complete
the trial shall have the same power, authority, and jurisdiction as
if the trial had been commenced before that judge or justice.

[هيثم الفقى]

1054. This chapter shall be interpreted to give effect to all of
the following purposes:
(a) To promote the ascertainment of truth in trials by requiring
timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted
informally between and among the parties before judicial enforcement
is requested.
(c) To save court time in trial and avoid the necessity for
frequent interruptions and postponements.
(d) To protect victims and witnesses from danger, harassment, and
undue delay of the proceedings.
(e) To provide that no discovery shall occur in criminal cases
except as provided by this chapter, other express statutory
provisions, or as mandated by the Constitution of the United States.




1054.1. The prosecuting attorney shall disclose to the defendant or
his or her attorney all of the following materials and information,
if it is in the possession of the prosecuting attorney or if the
prosecuting attorney knows it to be in the possession of the
investigating agencies:
(a) The names and addresses of persons the prosecutor intends to
call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the
investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness
whose credibility is likely to be critical to the outcome of the
trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or
reports of the statements of witnesses whom the prosecutor intends to
call at the trial, including any reports or statements of experts
made in conjunction with the case, including the results of physical
or mental examinations, scientific tests, experiments, or comparisons
which the prosecutor intends to offer in evidence at the trial.



1054.2. (a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else, the address or telephone number
of a victim or witness whose name is disclosed to the attorney
pursuant to subdivision (a) of Section 1054.1, unless specifically
permitted to do so by the court after a hearing and a showing of good
cause.
(2) Notwithstanding paragraph (1), an attorney may disclose or
permit to be disclosed the address or telephone number of a victim or
witness to persons employed by the attorney or to persons appointed
by the court to assist in the preparation of a defendant's case if
that disclosure is required for that preparation. Persons provided
this information by an attorney shall be informed by the attorney
that further dissemination of the information, except as provided by
this section, is prohibited.
(3) Willful violation of this subdivision by an attorney, persons
employed by the attorney, or persons appointed by the court is a
misdemeanor.
(b) If the defendant is acting as his or her own attorney, the
court shall endeavor to protect the address and telephone number of a
victim or witness by providing for contact only through a private
investigator licensed by the Department of Consumer Affairs and
appointed by the court or by imposing other reasonable restrictions,
absent a showing of good cause as determined by the court.



1054.3. The defendant and his or her attorney shall disclose to the
prosecuting attorney:
(a) The names and addresses of persons, other than the defendant,
he or she intends to call as witnesses at trial, together with any
relevant written or recorded statements of those persons, or reports
of the statements of those persons, incuding any reports or
statements of experts made in connection with the case, and including
the results of physical or mental examinations, scientific tests,
experiments, or comparisons which the defendant intends to offer in
evidence at the trial.
(b) Any real evidence which the defendant intends to offer in
evidence at the trial.



1054.4. Nothing in this chapter shall be construed as limiting any
law enforcement or prosecuting agency from obtaining nontestimonial
evidence to the extent permitted by law on the effective date of this
section.


1054.5. (a) No order requiring discovery shall be made in criminal
cases except as provided in this chapter. This chapter shall be the
only means by which the defendant may compel the disclosure or
production of information from prosecuting attorneys, law enforcement
agencies which investigated or prepared the case against the
defendant, or any other persons or agencies which the prosecuting
attorney or investigating agency may have employed to assist them in
performing their duties.
(b) Before a party may seek court enforcement of any of the
disclosures required by this chapter, the party shall make an
informal request of opposing counsel for the desired materials and
information. If within 15 days the opposing counsel fails to provide
the materials and information requested, the party may seek a court
order. Upon a showing that a party has not complied with Section
1054.1 or 1054.3 and upon a showing that the moving party complied
with the informal discovery procedure provided in this subdivision, a
court may make any order necessary to enforce the provisions of this
chapter, including, but not limited to, immediate disclosure,
contempt proceedings, delaying or prohibiting the testimony of a
witness or the presentation of real evidence, continuance of the
matter, or any other lawful order. Further, the court may advise the
jury of any failure or refusal to disclose and of any untimely
disclosure.
(c) The court may prohibit the testimony of a witness pursuant to
subdivision (b) only if all other sanctions have been exhausted. The
court shall not dismiss a charge pursuant to subdivision (b) unless
required to do so by the Constitution of the United States.




1054.6. Neither the defendant nor the prosecuting attorney is
required to disclose any materials or information which are work
product as defined in subdivision (a) of Section 2018.030 of the Code
of Civil Procedure, or which are privileged pursuant to an express
statutory provision, or are privileged as provided by the
Constitution of the United States.



1054.7. The disclosures required under this chapter shall be made
at least 30 days prior to the trial, unless good cause is shown why a
disclosure should be denied, restricted, or deferred. If the
material and information becomes known to, or comes into the
possession of, a party within 30 days of trial, disclosure shall be
made immediately, unless good cause is shown why a disclosure should
be denied, restricted, or deferred. "Good cause" is limited to
threats or possible danger to the safety of a victim or witness,
possible loss or destruction of evidence, or possible compromise of
other investigations by law enforcement.
Upon the request of any party, the court may permit a showing of
good cause for the denial or regulation of disclosures, or any
portion of that showing, to be made in camera. A verbatim record
shall be made of any such proceeding. If the court enters an order
granting relief following a showing in camera, the entire record of
the showing shall be sealed and preserved in the records of the
court, and shall be made available to an appellate court in the event
of an appeal or writ. In its discretion, the trial court may after
trial and conviction, unseal any previously sealed matter.



1054.8. (a) No prosecuting attorney, attorney for the defendant, or
investigator for either the prosecution or the defendant shall
interview, question, or speak to a victim or witness whose name has
been disclosed by the opposing party pursuant to Section 1054.1 or
1054.3 without first clearly identifying himself or herself,
identifying the full name of the agency by whom he or she is
employed, and identifying whether he or she represents, or has been
retained by, the prosecution or the defendant. If the interview
takes place in person, the party shall also show the victim or
witness a business card, official badge, or other form of official
identification before commencing the interview or questioning.
(b) Upon a showing that a person has failed to comply with this
section, a court may issue any order authorized by Section 1054.5.



1054.9. (a) Upon the prosecution of a postconviction writ of habeas
corpus or a motion to vacate a judgment in a case in which a
sentence of death or of life in prison without the possibility of
parole has been imposed, and on a showing that good faith efforts to
obtain discovery materials from trial counsel were made and were
unsuccessful, the court shall, except as provided in subdivision (c),
order that the defendant be provided reasonable access to any of the
materials described in subdivision (b).
(b) For purposes of this section, "discovery materials" means
materials in the possession of the prosecution and law enforcement
authorities to which the same defendant would have been entitled at
time of trial.
(c) In response to a writ or motion satisfying the conditions in
subdivision (a), court may order that the defendant be provided
access to physical evidence for the purpose of examination,
including, but not limited to, any physical evidence relating to the
investigation, arrest, and prosecution of the defendant only upon a
showing that there is good cause to believe that access to physical
evidence is reasonably necessary to the defendant's effort to obtain
relief. The procedures for obtaining access to physical evidence for
purposes of postconviction DNA testing are provided in Section 1405,
and nothing in this section shall provide an alternative means of
access to physical evidence for those purposes.
(d) The actual costs of examination or copying pursuant to this
section shall be borne or reimbursed by the defendant.



1054.10. (a) Except as provided in subdivision (b), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else copies of child pornography
evidence, unless specifically permitted to do so by the court after a
hearing and a showing of good cause.
(b) Notwithstanding subdivision (a), an attorney may disclose or
permit to be disclosed copies of child pornography evidence to
persons employed by the attorney or to persons appointed by the court
to assist in the preparation of a defendant's case if that
disclosure is required for that preparation. Persons provided this
material by an attorney shall be informed by the attorney that
further dissemination of the material, except as provided by this
section, is prohibited.

[هيثم الفقى]

OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL
AND BEFORE JUDGMENT
CHALLENGING THE JURY


1065. If, either upon an exception to the challenge or a denial of
the facts, the challenge is allowed, the Court must discharge the
jury so far as the trial in question is concerned. If it is
disallowed, the Court must direct the jury to be impaneled.




(1083.) Section Ten Hundred and Eighty-three. The Court must allow
or disallow the challenge, and its decision must be entered in the
minutes of the Court.


1089. Whenever, in the opinion of a judge of a superior court about
to try a defendant against whom has been filed any indictment or
information or complaint, the trial is likely to be a protracted one,
the court may cause an entry to that effect to be made in the
minutes of the court, and thereupon, immediately after the jury is
impaneled and sworn, the court may direct the calling of one or more
additional jurors, in its discretion, to be known as "alternate
jurors."
The alternate jurors must be drawn from the same source, and in
the same manner, and have the same qualifications as the jurors
already sworn, and be subject to the same examination and challenges,
provided that the prosecution and the defendant shall each be
entitled to as many peremptory challenges to the alternate jurors as
there are alternate jurors called. When two or more defendants are
tried jointly each defendant shall be entitled to as many peremptory
challenges to the alternate jurors as there are alternate jurors
called. The prosecution shall be entitled to additional peremptory
challenges equal to the number of all the additional separate
challenges allowed the defendant or defendants to the alternate
jurors.
The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and must
attend at all times upon the trial of the cause in company with the
other jurors, and for a failure so to do are liable to be punished
for contempt.
They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury the alternate jurors shall be kept
in the custody of the sheriff or marshal and shall not be discharged
until the original jurors are discharged, except as hereinafter
provided.
If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take a place in the jury box,
and be subject to the same rules and regulations as though the
alternate juror had been selected as one of the original jurors.

[هيثم الفقى]

1093. The jury having been impaneled and sworn, unless waived, the
trial shall proceed in the following order, unless otherwise directed
by the court:
(a) If the accusatory pleading be for a felony, the clerk shall
read it, and state the plea of the defendant to the jury, and in
cases where it charges a previous conviction, and the defendant has
confessed the same, the clerk in reading it shall omit therefrom all
that relates to such previous conviction. In all other cases this
formality may be dispensed with.
(b) The district attorney, or other counsel for the people, may
make an opening statement in support of the charge. Whether or not
the district attorney, or other counsel for the people, makes an
opening statement, the defendant or his or her counsel may then make
an opening statement, or may reserve the making of an opening
statement until after introduction of the evidence in support of the
charge.
(c) The district attorney, or other counsel for the people shall
then offer the evidence in support of the charge. The defendant or
his or her counsel may then offer his or her evidence in support of
the defense.
(d) The parties may then respectively offer rebutting testimony
only, unless the court, for good reason, in furtherance of justice,
permit them to offer evidence upon their original case.
(e) When the evidence is concluded, unless the case is submitted
on either side, or on both sides, without argument, the district
attorney, or other counsel for the people, and counsel for the
defendant, may argue the case to the court and jury; the district
attorney, or other counsel for the people, opening the argument and
having the right to close.
(f) The judge may then charge the jury, and shall do so on any
points of law pertinent to the issue, if requested by either party;
and the judge may state the testimony, and he or she may make such
comment on the evidence and the testimony and credibility of any
witness as in his or her opinion is necessary for the proper
determination of the case and he or she may declare the law. At the
beginning of the trial or from time to time during the trial, and
without any request from either party, the trial judge may give the
jury such instructions on the law applicable to the case as the judge
may deem necessary for their guidance on hearing the case. Upon the
jury retiring for deliberation, the court shall advise the jury of
the availability of a written copy of the jury instructions. The
court may, at its discretion, provide the jury with a copy of the
written instructions given. However, if the jury requests the court
to supply a copy of the written instructions, the court shall supply
the jury with a copy.



1093.5. In any criminal case which is being tried before the court
with a jury, all requests for instructions on points of law must be
made to the court and all proposed instructions must be delivered to
the court before commencement of argument. Before the commencement
of the argument, the court, on request of counsel, must: (1) decide
whether to give, refuse, or modify the proposed instructions; (2)
decide which instructions shall be given in addition to those
proposed, if any; and (3) advise counsel of all instructions to be
given. However, if, during the argument, issues are raised which
have not been covered by instructions given or refused, the court
may, on request of counsel, give additional instructions on the
subject matter thereof.



1094. When the state of the pleadings requires it, or in any other
case, for good reasons, and in the sound discretion of the Court, the
order prescribed in the last section may be departed from.



1095. If the offense charged is punishable with death, two counsel
on each side may argue the cause. In any other case the court may,
in its discretion, restrict the argument to one counsel on each side.



1096. A defendant in a criminal action is presumed to be innocent
until the contrary is proved, and in case of a reasonable doubt
whether his or her guilt is satisfactorily shown, he or she is
entitled to an acquittal, but the effect of this presumption is only
to place upon the state the burden of proving him or her guilty
beyond a reasonable doubt. Reasonable doubt is defined as follows:
"It is not a mere possible doubt; because everything relating to
human affairs is open to some possible or imaginary doubt. It is
that state of the case, which, after the entire comparison and
consideration of all the evidence, leaves the minds of jurors in that
condition that they cannot say they feel an abiding conviction of
the truth of the charge."



1096a. In charging a jury, the court may read to the jury Section
1096, and no further instruction on the subject of the presumption of
innocence or defining reasonable doubt need be given.



1097. When it appears that the defendant has committed a public
offense, or attempted to commit a public offense, and there is
reasonable ground of doubt in which of two or more degrees of the
crime or attempted crime he is guilty, he can be convicted of the
lowest of such degrees only.



1098. When two or more defendants are jointly charged with any
public offense, whether felony or misdemeanor, they must be tried
jointly, unless the court order separate trials. In ordering
separate trials, the court in its discretion may order a separate
trial as to one or more defendants, and a joint trial as to the
others, or may order any number of the defendants to be tried at one
trial, and any number of the others at different trials, or may order
a separate trial for each defendant; provided, that where two or
more persons can be jointly tried, the fact that separate accusatory
pleadings were filed shall not prevent their joint trial.




1099. When two or more defendants are included in the same
accusatory pleading, the court may, at any time before the defendants
have gone into their defense, on the application of the prosecuting
attorney, direct any defendant to be discharged, that he may be a
witness for the people.



1100. When two or more defendants are included in the same
accusatory pleading, and the court is of opinion that in regard to a
particular defendant there is not sufficient evidence to put him on
his defense, it must order him to be discharged before the evidence
is closed, that he may be a witness for his codefendant.




1101. The order mentioned in Sections 1099 and 1100 is an acquittal
of the defendant discharged, and is a bar to another prosecution for
the same offense.


1102. The rules of evidence in civil actions are applicable also to
criminal actions, except as otherwise provided in this Code.



1102.6. The right of a victim of crime to be present during any
criminal proceeding shall be secured as follows:
(a) Notwithstanding any other law, and except as specified in
subdivision (d), a victim shall be entitled to be present and seated
at all criminal proceedings where the defendant, the prosecuting
attorney, and the general public are entitled to be present.
(b) A victim may be excluded from a criminal proceeding only if
each of the following criteria are met:
(1) Any movant, including the defendant, who seeks to exclude the
victim from any criminal proceeding demonstrates that there is a
substantial probability that overriding interests will be prejudiced
by the presence of the victim. "Overriding interests" may include,
but are not limited to, the following:
(A) The defendant's right to a fair trial.
(B) The government's interest in inhibiting the disclosure of
sensitive information.
(C) The protection of witnesses from harassment and physical harm.

(D) The court's interest in maintaining order.
(E) The protection of ***ual offense victims from the trauma and
embarrassment of testifying.
(F) Safeguarding the physical and psychological well-being of a
minor.
(G) The preservation of trade secrets.
(2) The court considers reasonable alternatives to exclusion of
the victim from the criminal proceeding.
(3) The exclusion of the victim from any criminal proceeding, or
any limitation on his or her presence at any criminal proceeding, is
narrowly tailored to serve the overriding interests identified by the
movant.
(4) Following a hearing at which any victim who is to be excluded
from a criminal proceeding is afforded an opportunity to be heard,
the court makes specific factual findings that support the exclusion
of the victim from, or any limitation on his or her presence at, the
criminal proceeding.
(c) As used in this section, "victim" means (1) the alleged victim
of the offense and one person of his or her choosing or however many
more the court may allow under the particular circumstances
surrounding the proceeding, (2) in the event that the victim is
unable to attend the proceeding, two persons designated by the victim
or however many more the court may allow under the particular
circumstances surrounding the proceeding, or (3) if the victim is no
longer living, two members of the victim's immediate family or
however many more the court may allow under the particular
circumstances surrounding the proceeding.
(d) Nothing in this section shall prevent a court from excluding a
victim from a criminal proceeding, pursuant to Section 777 of the
Evidence Code, when the victim is subpoenaed as a witness. An order
of exclusion shall be consistent with the objectives of paragraphs
(1) to (4), inclusive, of subdivision (b) to allow the victim to be
present, whenever possible, at all proceedings.



1108. Upon a trial for procuring or attempting to procure an
abortion, or aiding or assisting therein, or for inveigling,
enticing, or taking away an unmarried female of previous chaste
character, under the age of eighteen years, for the purpose of
prostitution, or aiding or assisting therein, the defendant cannot be
convicted upon the testimony of the woman upon or with whom the
offense was committed, unless she is corroborated by other evidence.



1111. A conviction can not be had upon the testimony of an
accomplice unless it be corroborated by such other evidence as shall
tend to connect the defendant with the commission of the offense; and
the corroboration is not sufficient if it merely shows the
commission of the offense or the circumstances thereof.
An accomplice is hereby defined as one who is liable to
prosecution for the identical offense charged against the defendant
on trial in the cause in which the testimony of the accomplice is
given.



1112. Notwithstanding the provisions of subdivision (d) of Section
28 of Article I of the California Constitution, the trial court shall
not order any prosecuting witness, complaining witness, or any other
witness, or victim in any ***ual assault prosecution to submit to a
psychiatric or psychological examination for the purpose of assessing
his or her credibility.



1113. The Court may direct the jury to be discharged where it
appears that it has not jurisdiction of the offense, or that the
facts charged do not constitute an offense punishable by law.



1114. If the jury be discharged because the Court has not
jurisdiction of the offense charged, and it appear that it was
committed out of the jurisdiction of this State, the defendant must
be discharged.



1115. If the offense was committed within the exclusive
jurisdiction of another county of this State, the Court must direct
the defendant to be committed for such time as it deems reasonable,
to await a warrant from the proper county for his arrest; or if the
offense is a misdemeanor only, it may admit him to bail in an
undertaking, with sufficient sureties, that he will, within such time
as the Court may appoint, render himself amenable to a warrant for
his arrest from the proper county; and, if not sooner arrested
thereon, will attend at the office of the Sheriff of the county where
the trial was had, at a certain time particularly specified in the
undertaking, to surrender himself upon the warrant, if issued, or
that his bail will forfeit such sum as the Court may fix, to be
mentioned in the undertaking; and the Clerk must forthwith transmit a
certified copy of the indictment or information, and of all the
papers filed in the action, to the District Attorney of the proper
county, the expense of which transmission is chargeable to that
county.



1116. If the defendant is not arrested on a warrant from the proper
county, as provided in section 1115, he must be discharged from
custody, or his bail in the action is exonerated, or money deposited
instead of bail must be refunded to him or to the person or persons
found by the court to have deposited said money on behalf of said
defendant, as the case may be, and the sureties in the undertaking,
as mentioned in that section, must be discharged. If he is arrested,
the same proceedings must be had thereon as upon the arrest of a
defendant in another county on a warrant of arrest issued by a
magistrate.


1117. If the jury is discharged because the facts as charged do not
constitute an offense punishable by law, the court must order that
the defendant, if in custody, be discharged; or if admitted to bail,
that his bail be exonerated; or, if he has deposited money or if
money has been deposited by another or others instead of bail for his
appearance, that the money be refunded to him or to the person or
persons found by the court to have deposited said money on behalf of
said defendant, unless in its opinion a new indictment or information
can be framed upon which the defendant can be legally convicted, in
which case it may direct the district attorney to file a new
information, or (if the defendant has not been committed by a
magistrate) direct that the case be submitted to the same or another
grand jury; and the same proceedings must be had thereon as are
prescribed in section 998; provided, that after such order or
submission the defendant may be examined before a magistrate, and
discharged or committed by him as in other cases.




1118. In a case tried by the court without a jury, a jury having
been waived, the court on motion of the defendant or on its own
motion shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading after the
evidence of the prosecution has been closed if the court, upon
weighing the evidence then before it, finds the defendant not guilty
of such offense or offenses. If such a motion for judgment of
acquittal at the close of the evidence offered by the prosecution is
not granted, the defendant may offer evidence without first having
reserved that right.


1118.1. In a case tried before a jury, the court on motion of the
defendant or on its own motion, at the close of the evidence on
either side and before the case is submitted to the jury for
decision, shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading if the
evidence then before the court is insufficient to sustain a
conviction of such offense or offenses on appeal. If such a motion
for judgment of acquittal at the close of the evidence offered by the
prosecution is not granted, the defendant may offer evidence without
first having reserved that right.



1118.2. A judgment of acquittal entered pursuant to the provisions
of Section 1118 or 1118.1 shall not be appealable and is a bar to any
other prosecution for the same offense.



1119. When, in the opinion of the court, it is proper that the jury
should view the place in which the offense is charged to have been
committed, or in which any other material fact occurred, or any
personal property which has been referred to in the evidence and
cannot conveniently be brought into the courtroom, it may order the
jury to be conducted in a body, in the custody of the sheriff or
marshal, as the case may be, to the place, or to the property, which
must be shown to them by a person appointed by the court for that
purpose; and the officer must be sworn to suffer no person to speak
or communicate with the jury, nor to do so himself or herself, on any
subject connected with the trial, and to return them into court
without unnecessary delay, or at a specified time.



1120. If a juror has any personal knowledge respecting a fact in
controversy in a cause, he must declare the same in open court during
the trial. If, during the retirement of the jury, a juror declare a
fact which could be evidence in the cause, as of his own knowledge,
the jury must return into court. In either of these cases, the juror
making the statement must be sworn as a witness and examined in the
presence of the parties in order that the court may determine whether
good cause exists for his discharge as a juror.



1121. The jurors sworn to try an action may, in the discretion of
the court, be permitted to separate or be kept in charge of a proper
officer. Where the jurors are permitted to separate, the court shall
properly admonish them. Where the jurors are kept in charge of a
proper officer, the officer must be sworn to keep the jurors together
until the next meeting of the court, to suffer no person to speak to
them or communicate with them, nor to do so himself, on any subject
connected with the trial, and to return them into court at the next
meeting thereof.



1122. (a) After the jury has been sworn and before the people's
opening address, the court shall instruct the jury generally
concerning its basic functions, duties, and conduct. The
instructions shall include, among other matters, admonitions that the
jurors shall not converse among themselves, or with anyone else, on
any subject connected with the trial; that they shall not read or
listen to any accounts or discussions of the case reported by
newspapers or other news media; that they shall not visit or view the
premises or place where the offense or offenses charged were
allegedly committed or any other premises or place involved in the
case; that prior to, and within 90 days of, discharge, they shall not
request, accept, agree to accept, or discuss with any person
receiving or accepting, any payment or benefit in consideration for
supplying any information concerning the trial; and that they shall
promptly report to the court any incident within their knowledge
involving an attempt by any person to improperly influence any member
of the jury.
(b) The jury shall also, at each adjournment of the court before
the submission of the cause to the jury, whether permitted to
separate or kept in charge of officers, be admonished by the court
that it is their duty not to converse among themselves, or with
anyone else, on any subject connected with the trial, or to form or
express any opinion thereon until the cause is finally submitted to
them.



1122.5. (a) The court, in its discretion, may, at each adjournment
of the court before the submission of the cause to the jury, admonish
the jury, whether permitted to be separate or kept in charge of
officers, that, on pain of contempt of court, no juror shall, prior
to discharge, accept, agree to accept, or benefit, directly or
indirectly, from any payment or other consideration for supplying any
information concerning the trial.
(b) In enacting this section, the Legislature recognizes that the
appearance of justice, and justice itself, may be undermined by any
juror who, prior to discharge, accepts, agrees to accept, or benefits
from valuable consideration for providing information concerning a
criminal trial.



1124. The Court must decide all questions of law which arise in the
course of a trial.



1126. In a trial for any offense , questions of law are to be
decided by the court, and questions of fact by the jury. Although
the jury has the power to find a general verdict, which includes
questions of law as well as of fact, they are bound, nevertheless, to
receive as law what is laid down as such by the court.




1127. All instructions given shall be in writing, unless there is a
phonographic reporter present and he takes them down, in which case
they may be given orally; provided however, that in all misdemeanor
cases oral instructions may be given pursuant to stipulation of the
prosecuting attorney and counsel for the defendant. In charging the
jury the court may instruct the jury regarding the law applicable to
the facts of the case, and may make such comment on the evidence and
the testimony and credibility of any witness as in its opinion is
necessary for the proper determination of the case and in any
criminal case, whether the defendant testifies or not, his failure to
explain or to deny by his testimony any evidence or facts in the
case against him may be commented upon by the court. The court shall
inform the jury in all cases that the jurors are the exclusive
judges of all questions of fact submitted to them and of the
credibility of the witnesses. Either party may present to the court
any written charge on the law, but not with respect to matters of
fact, and request that it be given. If the court thinks it correct
and pertinent, it must be given; if not, it must be refused. Upon
each charge presented and given or refused, the court must endorse
and sign its decision and a statement showing which party requested
it. If part be given and part refused, the court must distinguish,
showing by the endorsement what part of the charge was given and what
part refused.


1127a. (a) As used in this section, an "in-custody informant" means
a person, other than a codefendant, percipient witness, accomplice,
or coconspirator whose testimony is based upon statements made by the
defendant while both the defendant and the informant are held within
a correctional institution.
(b) In any criminal trial or proceeding in which an in-custody
informant testifies as a witness, upon the request of a party, the
court shall instruct the jury as follows:
"The testimony of an in-custody informant should be viewed with
caution and close scrutiny. In evaluating such testimony, you should
consider the extent to which it may have been influenced by the
receipt of, or expectation of, any benefits from the party calling
that witness. This does not mean that you may arbitrarily disregard
such testimony, but you should give it the weight to which you find
it to be entitled in the light of all the evidence in the case."
(c) When the prosecution calls an in-custody informant as a
witness in any criminal trial, contemporaneous with the calling of
that witness, the prosecution shall file with the court a written
statement setting out any and all consideration promised to, or
received by, the in-custody informant.
The statement filed with the court shall not expand or limit the
defendant's right to discover information that is otherwise provided
by law. The statement shall be provided to the defendant or the
defendant's attorney prior to trial and the information contained in
the statement shall be subject to rules of evidence.
(d) For purposes of subdivision (c), "consideration" means any
plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, benefit, immunity, financial
assistance, reward, or amelioration of current or future conditions
of incarceration in return for, or in connection with, the informant'
s testimony in the criminal proceeding in which the prosecutor
intends to call him or her as a witness.



1127b. When, in any criminal trial or proceeding, the opinion of
any expert witness is received in evidence, the court shall instruct
the jury substantially as follows:
Duly qualified experts may give their opinions on questions in
controversy at a trial. To assist the jury in deciding such
questions, the jury may consider the opinion with the reasons stated
therefor, if any, by the expert who gives the opinion. The jury is
not bound to accept the opinion of any expert as conclusive, but
should give to it the weight to which they shall find it to be
entitled. The jury may, however, disregard any such opinion, if it
shall be found by them to be unreasonable.
No further instruction on the subject of opinion evidence need be
given.



1127c. In any criminal trial or proceeding where evidence of flight
of a defendant is relied upon as tending to show guilt, the court
shall instruct the jury substantially as follows:
The flight of a person immediately after the commission of a
crime, or after he is accused of a crime that has been committed, is
not sufficient in itself to establish his guilt, but is a fact which,
if proved, the jury may consider in deciding his guilt or innocence.
The weight to which such circumstance is entitled is a matter for
the jury to determine.
No further instruction on the subject of flight need be given.



1127d. (a) In any criminal prosecution for the crime of rape, or
for violation of Section 261.5, or for an attempt to commit, or
assault with intent to commit, any such crime, the jury shall not be
instructed that it may be inferred that a person who has previously
consented to ***ual intercourse with persons other than the defendant
or with the defendant would be therefore more likely to consent to
***ual intercourse again. However, if evidence was received that
the victim consented to and did engage in ***ual intercourse with the
defendant on one or more occasions prior to that charged against the
defendant in this case, the jury shall be instructed that this
evidence may be considered only as it relates to the question of
whether the victim consented to the act of intercourse charged
against the defendant in the case, or whether the defendant had a
good faith reasonable belief that the victim consented to the act of
***ual intercourse. The jury shall be instructed that it shall not
consider this evidence for any other purpose.
(b) A jury shall not be instructed that the prior ***ual conduct
in and of itself of the complaining witness may be considered in
determining the credibility of the witness pursuant to Chapter 6
(commencing with Section 780) of Division 6 of the Evidence Code.



1127e. The term "unchaste character" shall not be used by any court
in any criminal case in which the defendant is charged with a
violation of Section 261, 261.5, or 262 of the Penal Code, or attempt
to commit or assault with intent to commit any crime defined in any
of these sections, in any instruction to the jury.




1127f. In any criminal trial or proceeding in which a child 10
years of age or younger testifies as a witness, upon the request of a
party, the court shall instruct the jury, as follows:
In evaluating the testimony of a child you should consider all of
the factors surrounding the child's testimony, including the age of
the child and any evidence regarding the child's level of cognitive
development. Although, because of age and level of cognitive
development, a child may perform differently as a witness from an
adult, that does not mean that a child is any more or less credible a
witness than an adult. You should not discount or distrust the
testimony of a child solely because he or she is a child.



1127g. In any criminal trial or proceeding in which a person with a
developmental disability, or cognitive, mental, or communication
impairment testifies as a witness, upon the request of a party, the
court shall instruct the jury, as follows:
In evaluating the testimony of a person with a developmental
disability, or cognitive, mental, or communication impairment, you
should consider all of the factors surrounding the person's
testimony, including their level of cognitive development. Although,
because of his or her level of cognitive development, a person with
a developmental disability, or cognitive, mental, or communication
impairment may perform differently as a witness, that does not mean
that a person with a developmental disability, or cognitive, mental,
or communication impairment is any more or less credible a witness
than another witness. You should not discount or distrust the
testimony of a person with a developmental disability, or cognitive,
mental, or communication impairment solely because he or she is a
person with a developmental disability, or cognitive, mental, or
communication impairment.



1127h. In any criminal trial or proceeding, upon the request of a
party, the court shall instruct the jury substantially as follows:
"Do not let bias, sympathy, prejudice, or public opinion influence
your decision. Bias includes bias against the victim or victims,
witnesses, or defendant based upon his or her disability, gender,
nationality, race or ethnicity, religion, gender identity, or ***ual
orientation."



1128. After hearing the charge, the jury may either decide in court
or may retire for deliberation. If they do not agree without
retiring for deliberation, an officer must be sworn to keep them
together for deliberation in some private and convenient place, and,
during such deliberation, not to permit any person to speak to or
communicate with them, nor to do so himself, unless by order of the
court, or to ask them whether they have agreed upon a verdict, and to
return them into court when they have so agreed, or when ordered by
the court. The court shall fix the time and place for deliberation.
The jurors shall not deliberate on the case except under such
circumstances. If the jurors are permitted by the court to separate,
the court shall properly admonish them. When the jury is composed
of both men and women and the jurors are not permitted by the court
to separate, in the event that it shall become necessary to retire
for the night, the women must be kept in a room or rooms separate and
apart from the men.


1129. When a defendant who has given bail appears for trial, the
Court may, in its discretion, at any time after his appearance for
trial, order him to be committed to the custody of the proper officer
of the county, to abide the judgment or further order of the court,
and he must be committed and held in custody accordingly.




1130. If the prosecuting attorney fails to attend at the trial of a
felony, the court must appoint an attorney at law to perform the
duties of the prosecuting attorney on such trial.

[هيثم الفقى]

1137. Upon retiring for deliberation, the jury may take with them
all papers (except depositions) which have been received as evidence
in the cause, or copies of such public records or private documents
given in evidence as ought not, in the opinion of the court, to be
taken from the person having them in possession. They may also take
with them the written instructions given, and notes of the testimony
or other proceedings on the trial, taken by themselves or any of
them, but none taken by any other person. The court shall provide
for the custody and safekeeping of such items.



1138. After the jury have retired for deliberation, if there be any
disagreement between them as to the testimony, or if they desire to
be informed on any point of law arising in the case, they must
require the officer to conduct them into court. Upon being brought
into court, the information required must be given in the presence
of, or after notice to, the prosecuting attorney, and the defendant
or his counsel, or after they have been called.



1138.5. Except for good cause shown, the judge in his of her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.



1140. Except as provided by law, the jury cannot be discharged
after the cause is submitted to them until they have agreed upon
their verdict and rendered it in open court, unless by consent of
both parties, entered upon the minutes, or unless, at the expiration
of such time as the court may deem proper, it satisfactorily appears
that there is no reasonable probability that the jury can agree.



1141. In all cases where a jury is discharged or prevented from
giving a verdict by reason of an accident or other cause, except
where the defendant is discharged during the progress of the trial,
or after the cause is submitted to them, the cause may be again
tried.



1142. While the jury are absent the Court may adjourn from time to
time, as to other business, but it must nevertheless be open for
every purpose connected with the cause submitted to the jury until a
verdict is rendered or the jury discharged.

[هيثم الفقى]

1147. When the jury have agreed upon their verdict, they must be
conducted into court by the officer having them in charge. Their
names must then be called, and if all do not appear, the rest must be
discharged without giving a verdict. In that case the action may be
again tried.



1148. If charged with a felony the defendant must, before the
verdict is received, appear in person, unless, after the exercise of
reasonable diligence to procure the presence of the defendant, the
court shall find that it will be in the interest of justice that the
verdict be received in his absence. If for a misdemeanor, the
verdict may be rendered in his absence.



1149. When the jury appear they must be asked by the Court, or
Clerk, whether they have agreed upon their verdict, and if the
foreman answers in the affirmative, they must, on being required,
declare the same.


1150. The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may, except upon a trial for libel, find a special
verdict.


1151. A general verdict upon a plea of not guilty is either "guilty"
or "not guilty," which imports a conviction or acquittal of the
offense charged in the accusatory pleading. Upon a plea of a former
conviction or acquittal of the offense charged, or upon a plea of
once in jeopardy, the general verdict is either "for the people" or
"for the defendant." When the defendant is acquitted on the ground
of a variance between the accusatory pleading and the proof, the
verdict is "not guilty by reason of variance between charge and
proof."


1152. A special verdict is that by which the jury find the facts
only, leaving the judgment to the Court. It must present the
conclusions of fact as established by the evidence, and not the
evidence to prove them, and these conclusions of fact must be so
presented as that nothing remains to the Court but to draw
conclusions of law upon them.



1153. The special verdict must be reduced to writing by the jury,
or in their presence entered upon the minutes of the Court, read to
the jury and agreed to by them, before they are discharged.



1154. The special verdict need not be in any particular form, but
is sufficient if it presents intelligibly the facts found by the
jury.


1155. The court must give judgment upon the special verdict as
follows:
1. If the plea is not guilty, and the facts prove the defendant
guilty of the offense charged in the indictment or information, or of
any other offense of which he could be convicted under that
indictment or information, judgment must be given accordingly. But
if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal or once in
jeopardy of the same offense, the court must give judgment of
acquittal or conviction, as the facts prove or fail to prove the
former conviction or acquittal or jeopardy.



1156. If the jury do not, in a special verdict, pronounce
affirmatively or negatively on the facts necessary to enable the
court to give judgment, or if they find the evidence of facts merely,
and not the conclusions of fact, from the evidence, as established
to their satisfaction, the court shall direct the jury to retire and
return another special verdict. The court may explain to the jury
the defect or insufficiency in the special verdict returned, and the
form which the special verdict to be returned must take.



1157. Whenever a defendant is convicted of a crime or attempt to
commit a crime which is distinguished into degrees, the jury, or the
court if a jury trial is waived, must find the degree of the crime or
attempted crime of which he is guilty. Upon the failure of the jury
or the court to so determine, the degree of the crime or attempted
crime of which the defendant is guilty, shall be deemed to be of the
lesser degree.



1158. Whenever the fact of a previous conviction of another offense
is charged in an accusatory pleading, and the defendant is found
guilty of the offense with which he is charged, the jury, or the
judge if a jury trial is waived, must unless the answer of the
defendant admits such previous conviction, find whether or not he has
suffered such previous conviction. The verdict or finding upon the
charge of previous conviction may be: "We (or I) find the charge of
previous conviction true" or "We (or I) find the charge of previous
conviction not true," according as the jury or the judge find that
the defendant has or has not suffered such conviction. If more than
one previous conviction is charged a separate finding must be made as
to each.



1158a. (a) Whenever the fact that a defendant was armed with a
weapon either at the time of his commission of the offense or at the
time of his arrest, or both, is charged in accordance with section
969c of this code, in any count of the indictment or information to
which the defendant has entered a plea of not guilty, the jury, if
they find a verdict of guilty of the offense with which the defendant
is charged, or of any offense included therein, must also find
whether or not the defendant was armed as charged in the count to
which the plea of not guilty was entered. The verdict of the jury
upon a charge of being armed may be: "We find the charge of being
armed contained in the ____ count true," or "We find the charge of
being armed contained in the ____ count not true," as they find that
the defendant was or was not armed as charged in any particular count
of the indictment or information. A separate verdict upon the
charge of being armed must be returned for each count which alleges
that the defendant was armed.
(b) Whenever the fact that a defendant used a firearm is charged
in accordance with Section 969d in any count of the indictment or
information to which the defendant has entered a plea of not guilty,
the jury if they find a verdict of guilty of the offense with which
the defendant is charged must also find whether or not the defendant
used a firearm as charged in the count to which the plea of not
guilty was entered. A verdict of the jury upon a charge of using a
firearm may be: "We find the charge of using a firearm contained in
the ____ count true," or "We find the charge of using a firearm
contained in the ____ count not true," as they find that the
defendant used or did not use a firearm as charged in any particular
count of the indictment or information. A separate verdict upon the
charge of using a firearm shall be returned for each count which
alleges that defendant used a firearm.



1159. The jury, or the judge if a jury trial is waived, may find
the defendant guilty of any offense, the commission of which is
necessarily included in that with which he is charged, or of an
attempt to commit the offense.


1160. On a charge against two or more defendants jointly, if the
jury cannot agree upon a verdict as to all, they may render a verdict
as to the defendant or defendants in regard to whom they do agree,
on which a judgment must be entered accordingly, and the case as to
the other may be tried again.
Where two or more offenses are charged in any accusatory pleading,
if the jury cannot agree upon a verdict as to all of them, they may
render a verdict as to the charge or charges upon which they do
agree, and the charges on which they do not agree may be tried again.




1161. When there is a verdict of conviction, in which it appears to
the Court that the jury have mistaken the law, the Court may explain
the reason for that opinion and direct the jury to reconsider their
verdict, and if, after the reconsideration, they return the same
verdict, it must be entered; but when there is a verdict of
acquittal, the Court cannot require the jury to reconsider it. If
the jury render a verdict which is neither general nor special, the
Court may direct them to reconsider it, and it cannot be recorded
until it is rendered in some form from which it can be clearly
understood that the intent of the jury is either to render a general
verdict or to find the facts specially and to leave the judgment to
the Court.



1162. If the jury persist in finding an informal verdict, from
which, however, it can be clearly understood that their intention is
to find in favor of the defendant upon the issue, it must be entered
in the terms in which it is found, and the Court must give judgment
of acquittal. But no judgment of conviction can be given unless the
jury expressly find against the defendant upon the issue, or judgment
is given against him on a special verdict.



1163. When a verdict is rendered, and before it is recorded, the
jury may be polled, at the request of either party, in which case
they must be severally asked whether it is their verdict, and if any
one answer in the negative, the jury must be sent out for further
deliberation.



1164. (a) When the verdict given is receivable by the court, the
clerk shall record it in full upon the minutes, and if requested by
any party shall read it to the jury, and inquire of them whether it
is their verdict. If any juror disagrees, the fact shall be entered
upon the minutes and the jury again sent out; but if no disagreement
is expressed, the verdict is complete, and the jury shall, subject to
subdivision (b), be discharged from the case.
(b) No jury shall be discharged until the court has verified on
the record that the jury has either reached a verdict or has formally
declared its inability to reach a verdict on all issues before it,
including, but not limited to, the degree of the crime or crimes
charged, and the truth of any alleged prior conviction whether in the
same proceeding or in a bifurcated proceeding.



1165. Where a general verdict is rendered or a finding by the court
is made in favor of the defendant, except on a plea of not guilty by
reason of insanity, a judgment of acquittal must be forthwith given.
If such judgment is given, or a judgment imposing a fine only,
without imprisonment for nonpayment is given, and the defendant is
not detained for any other legal cause, he must be discharged, if in
custody, as soon as the judgment is given, except that where the
acquittal is because of a variance between the pleading and the proof
which may be obviated by a new accusatory pleading, the court may
order his detention, to the end that a new accusatory pleading may be
preferred, in the same manner and with like effect as provided in
Section 1117.



1166. If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or she shall be committed to the proper officer of
the county to await the judgment of the court upon the verdict,
unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail. When committed, his or
her bail is exonerated, or if money is deposited instead of bail it
must be refunded to the defendant or to the person or persons found
by the court to have deposited said money on behalf of said
defendant.


1167. When a jury trial is waived, the judge or justice before whom
the trial is had shall, at the conclusion thereof, announce his
findings upon the issues of fact, which shall be in substantially the
form prescribed for the general verdict of a jury and shall be
entered upon the minutes.



1168. (a) Every person who commits a public offense, for which any
specification of three time periods of imprisonment in any state
prison is now prescribed by law or for which only a single term of
imprisonment in state prison is specified shall, unless such
convicted person be placed on probation, a new trial granted, or the
imposing of sentence suspended, be sentenced pursuant to Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2.
(b) For any person not sentenced under such provision, but who is
sentenced to be imprisoned in the state prison, including
imprisonment not exceeding one year and one day, the court imposing
the sentence shall not fix the term or duration of the period of
imprisonment.

[هيثم الفقى]

Initial Sentencing

1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports including
reports received pursuant to Section 1203.03 and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraph (A) and (B)
or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.



1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall become operative on January 1, 2009.



1170.1. (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
(b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170 or subdivision (b) of Section 1168, the court shall
also impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall impose the middle term unless there are
circumstances in aggravation or mitigation, and state the reasons for
its sentence choice, other than the middle term, on the record at
the time of sentencing. The court shall also impose any other
additional term that the court determines in its discretion or as
required by law shall run consecutive to the term imposed under
Section 1170 or subdivision (b) of Section 1168. In considering the
imposition of the additional term, the court shall apply the
sentencing rules of the Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.



1170.11. As used in Section 1170.1, the term "specific enhancement"
means an enhancement that relates to the circumstances of the crime.
It includes, but is not limited to, the enhancements provided in
Sections 186.10, 186.11, 186.22, 186.26, 186.33, 273.4, 289.5, 290.4,
290.45, 290.46, 347, and 368, subdivisions (a) and (b) of Section
422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of
Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675,
12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9,
12022.95, 12072, and 12280 of this code, and in Sections 1522.01 and
11353.1, subdivision (b) of Section 11353.4, Sections 11353.6,
11356.5, 11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.7,
25189.5, and 25189.7 of the Health and Safety Code, and in Sections
20001 and 23558 of the Vehicle Code, and in Sections 10980 and 14107
of the Welfare and Institutions Code.



1170.12. (a) Notwithstanding any other provision of 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 felony convictions,
as defined in subdivision (b), 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 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 this section.
(7) If there is a current conviction for more than one serious or
violent felony as described in paragraph (6) of this subdivision, 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 this section will be imposed
consecutive to any other sentence which the defendant is already
serving, unless otherwise provided by law.
(b) Notwithstanding any other provision of law and for the
purposes of this section, a prior conviction of a 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 this section 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 this section:
(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 *** 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison. A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A prior juvenile adjudication shall constitute a prior felony
conviction for purposes of sentence enhancement if:
(A) The juvenile was sixteen years of age or older at the time he
or she committed the prior offense, and
(B) The prior offense is
(i) listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, or
(ii) listed in this subdivision as a felony, and
(C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law, and
(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.
(c) For purposes of this section, and in addition to any other
enhancements or punishment provisions which may apply, the following
shall apply where a defendant has a prior felony conviction:
(1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior felony convictions,
as defined in paragraph (1) of subdivision (b), 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 greater of
(i) three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior felony
convictions, or
(ii) twenty-five years or
(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) of
paragraph (2) of this subdivision 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) of paragraph (2) of
this subdivision shall not be merged therein but shall commence at
the time the person would otherwise have been released from prison.
(d) (1) Notwithstanding any other provision of law, this section
shall be applied in every case in which a defendant has a prior
felony conviction as defined in this section. The prosecuting
attorney shall plead and prove each prior felony conviction except as
provided in paragraph (2).
(2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
(e) Prior 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 convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior felony conviction allegation except as provided in paragraph
(2) of subdivision (d).



1170.125. Notwithstanding Section 2 of Proposition 184, as adopted
at the November 8, 1994, general election, for all offenses committed
on or after the effective date of this act, all references to
existing statutes in Section 1170.12 are to those statutes as they
existed on the effective date of this act, including amendments made
to those statutes by the act enacted during the 2005-06 Regular
Session that amended this section.



1170.13. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted pursuant to subdivision (b) of Section 139, the
subordinate term for each consecutive offense shall consist of the
full middle term.



1170.15. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted of a felony, and of an additional felony that is a
violation of Section 136.1 or 137 and that was committed against the
victim of, or a witness or potential witness with respect to, or a
person who was about to give material information pertaining to, the
first felony, or of a felony violation of Section 653f that was
committed to dissuade a witness or potential witness to the first
felony, the subordinate term for each consecutive offense that is a
felony described in this section shall consist of the full middle
term of imprisonment for the felony for which a consecutive term of
imprisonment is imposed, and shall include the full term prescribed
for any enhancements imposed for being armed with or using a
dangerous or deadly weapon or a firearm, or for inflicting great
bodily injury.


1170.16. In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
subdivision (a) of Section 192, whether or not the offenses were
committed during a single transaction.


1170.17. (a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully initiated in a court of criminal jurisdiction
without a prior finding that the person is not a fit and proper
subject to be dealt with under the juvenile court law, upon
subsequent conviction for any criminal offense, the person shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with the provisions set forth in subdivision
(a) of Section 1170.19, except under the circumstances described in
subdivision (b) or (c).
(b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is not a fit and proper subject to be dealt with under the
juvenile court law, and the prosecution for the offense could not
lawfully be initiated in a court of criminal jurisdiction, then
either of the following shall apply:
(1) The person shall be subject to the same sentence as an adult
convicted of the identical offense in accordance with the provisions
set forth in subdivision (a) of Section 1170.19, unless the person
prevails upon a motion brought pursuant to paragraph (2).
(2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person's fitness to be dealt with under
the juvenile court law and the court shall either conduct a fitness
hearing or suspend proceedings and remand the matter to the juvenile
court to prepare a social study and make a determination of fitness.
The person shall receive a disposition under the juvenile court law
only if the person demonstrates, by a preponderance of the evidence,
that he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

(A) The degree of criminal sophistication exhibited by the person.

(B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
(C) The person's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the person.
(E) The circumstances and gravity of the offense for which the
person has been convicted.
If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with the provisions of paragraph (1). If
the court conducting the hearing on fitness finds that the person is
a fit and proper subject for juvenile court jurisdiction, then the
person shall be subject to a disposition in accordance with the
provisions of subdivision (b) of Section 1170.19.
(c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
(1) The person shall be subject to a disposition under the
juvenile court law, in accordance with the provisions of subdivision
(b) of Section 1170.19, unless the district attorney prevails upon a
motion, as described in paragraph (2).
(2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the person is a fit and
proper subject to be dealt with under the juvenile court law. The
court shall either conduct a fitness hearing or suspend proceedings
and remand the matter to the juvenile court for a determination of
fitness. The person shall be subject to a juvenile disposition under
the juvenile court law unless the district attorney demonstrates, by
a preponderance of the evidence, that the person is not a fit and
proper subject to be dealt with under the juvenile court law, based
upon the five criteria set forth in paragraph (2) of subdivision (b).
If the person is found to be not a fit and proper subject to be
dealt with under the juvenile court law, then the person shall be
sentenced in the court where he or she was convicted, in accordance
with the provisions set forth in subdivision (a) of Section 1170.19.
If the person is found to be a fit and proper subject to be dealt
with under the juvenile court law, the person shall be subject to a
disposition, in accordance with the provisions of subdivision (b) of
Section 1170.19.
(d) Where the conviction is for the type of offense which, in
combination with the person's age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.



1170.19. (a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
(1) The person may be committed to the Youth Authority only to the
extent the person meets the eligibility criteria set forth in
Section 1732.6 of the Welfare and Institutions Code.
(2) The person shall not be housed in any facility under the
jurisdiction of the Department of Corrections, if the person is under
the age of 16 years.
(3) The person shall have his or her criminal court records
accorded the same degree of public access as the records pertaining
to the conviction of an adult for the identical offense.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may order a juvenile disposition under the juvenile court
law, in lieu of a sentence under this code, upon a finding that such
an order would serve the best interests of justice, protection of the
community, and the person being sentenced. Prior to ordering a
juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant
to Section 706 of the Welfare and Institutions Code, and shall state
that the social study made by the probation officer has been read and
considered by the court.
(b) Notwithstanding any other provision of law, the following
shall apply to a person who is eligible to receive a juvenile
disposition pursuant to Section 1170.17.
(1) The person shall be entitled a hearing on the proper
disposition of the case, conducted in accordance with the provisions
of Section 706 of the Welfare and Institutions Code. The court in
which the conviction occurred shall order the probation department to
prepare a written social study and recommendation concerning the
proper disposition of the case, prior to conducting the hearing or
remand the matter to the juvenile court for purposes of preparing the
social study, conducting the disposition hearing pursuant to Section
706 of the Welfare and Institutions Code, and making a disposition
order under the juvenile court law.
(2) The person shall have his or her conviction deemed to be a
finding of delinquency wardship under Section 602 of the Welfare and
Institutions Code.
(3) The person shall have his or her criminal court records
accorded the same degree of confidentiality as if the matter had been
initially prosecuted as a delinquency petition in the juvenile
court.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may impose an adult sentence under this code, in lieu of
ordering a juvenile disposition under the juvenile court law, upon a
finding that such an order would serve the best interests of justice,
protection of the community, and the person being sentenced. Prior
to ordering an adult sentence, the court shall cause to be received
into evidence a social study by the probation officer, prepared
pursuant to Section 706 of the Welfare and Institutions Code, and
shall state that the social study prepared by the probation officer
has been read and considered by the court.



1170.2. (a) In the case of any inmate who committed a felony prior
to July 1, 1977, who would have been sentenced under Section 1170 if
he or she had committed it after July 1, 1977, the Board of Prison
Terms shall determine what the length of time of imprisonment would
have been under Section 1170 without consideration of good-time
credit and utilizing the middle term of the offense bearing the
longest term of imprisonment of which the prisoner was convicted
increased by any enhancements justified by matters found to be true
and which were imposed by the court at the time of sentencing for
such felony. These matters include: being armed with a deadly or
dangerous weapon as specified in Section 211a, 460, 3024, or 12022
prior to July 1, 1977, which may result in a one-year enhancement
pursuant to the provisions of Section 12022; using a firearm as
specified in Section 12022.5 prior to July 1, 1977, which may result
in a two-year enhancement pursuant to the provisions of Section
12022.5; infliction of great bodily injury as specified in Section
213, 264, or 461 prior to July 1, 1977, which may result in a
three-year enhancement pursuant to the provisions of Section 12022.7;
any prior felony conviction as specified in any statute prior to
July 1, 1977, which prior felony conviction is the equivalent of a
prior prison term as defined in Section 667.5, which may result in
the appropriate enhancement pursuant to the provisions of Section
667.5; and any consecutive sentence.
(b) If the calculation required under subdivision (a) is less than
the time to be served prior to a release date set prior to July 1,
1977, or if a release date had not been set, the Board of Prison
Terms shall establish the prisoner's parole date, subject to
subdivision (d), on the date calculated under subdivision (a) unless
at least two of the commissioners of the Board of Prison Terms after
reviewing the prisoner's file, determine that due to the number of
crimes of which the prisoner was convicted, or due to the number of
prior convictions suffered by the prisoner, or due to the fact that
the prisoner was armed with a deadly weapon when the crime was
committed, or used a deadly weapon during the commission of the
crime, or inflicted or attempted to inflict great bodily injury on
the victim of the crime, the prisoner should serve a term longer than
that calculated in subdivision (a), in which event the prisoner
shall be entitled to a hearing before a panel consisting of at least
two commissioners of the Board of Prison Terms as provided for in
Section 3041.5. The Board of Prison Terms shall notify each prisoner
who is scheduled for such a hearing within 90 days of July 1, 1977,
or within 90 days of the date the prisoner is received by or returned
to the custody of the Department of Corrections, whichever is later.
The hearing shall be held before October 1, 1978, or within 120 days
of receipt of the prisoner, whichever is later. It is the intent of
the Legislature that the hearings provided for in this subdivision
shall be accomplished in the most expeditious manner possible. At
the hearing the prisoner shall be entitled to be represented by legal
counsel, a release date shall be set, and the prisoner shall be
informed in writing of the extraordinary factors specifically
considered determinative and on what basis the release date has been
calculated. In fixing a term under this section the board shall be
guided by, but not limited to, the term which reasonably could be
imposed on a person who committed a similar offense under similar
circumstances on or after July 1, 1977, and further, the board shall
be guided by the following finding and declaration hereby made by the
Legislature: that the necessity to protect the public from
repetition of extraordinary crimes of violence against the person is
the paramount consideration.
(c) Nothing in this section shall be deemed to keep an inmate in
the custody of the Department of Corrections for a period of time
longer than he would have been kept in its custody under the
provisions of law applicable to him prior to July 1, 1977. Nothing
in this section shall be deemed to require the release of an inmate
sentenced to consecutive sentences under the provisions of law
applicable to him prior to July 1, 1977, earlier than if he had been
sentenced to concurrent sentences.
(d) In the case of any prisoner who committed a felony prior to
July 1, 1977, who would have been sentenced under Section 1170 if the
felony was committed on or after July 1, 1977, the good behavior and
participation provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 shall apply from July 1,
1977, and thereafter.
(e) In the case of any inmate who committed a felony prior to July
1, 1977, who would have been sentenced under Section 1168 if the
felony was committed on or after July 1, 1977, the Board of Prison
Terms shall provide for release from prison as provided for by this
code.
(f) In the case of any inmate who committed a felony prior to July
1, 1977, the length, conditions, revocation, and other incidents of
parole shall be the same as if the prisoner had been sentenced for an
offense committed on or after July 1, 1977.
(g) Nothing in this chapter shall affect the eligibility for
parole under Article 3 (commencing with Section 3040) of Chapter 8 of
Title 1 of Part 3 of an inmate sentenced pursuant to Section 1168 as
operative prior to July 1, 1977, for a period of parole as specified
in subdivision (b) of Section 3000.
(h) In fixing a term under this section, the Board of Prison Terms
shall utilize the terms of imprisonment as provided in Chapter 1139
of the Statutes of 1976 and Chapter 165 of the Statutes of 1977.




1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.


1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall become operative on January 1, 2009.




1170.4. The Judicial Council shall collect and analyze relevant
information relating to sentencing practices in this state and other
jurisdictions. Such information shall be taken into consideration by
the Judicial Council in the adoption of rules pursuant to Section
1170.3.



1170.45. The Judicial Council shall collect data on criminal cases
statewide relating to the disposition of those cases according to the
race and ethnicity of the defendant, and report annually thereon to
the Legislature beginning no later than January 1, 1999. It is the
intent of the Legislature to appropriate funds to the Judicial
Council for this purpose.



1170.5. The Judicial Council shall conduct annual sentencing
institutes for trial court judges pursuant to Section 68551 of the
Government Code, toward the end of assisting the judge in the
imposition of appropriate sentences.


1170.7. Robbery or attempted robbery for the purpose of obtaining
any controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, when committed against
a pharmacist, pharmacy employee, or other person lawfully possessing
controlled substances, shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.71. The fact that a person who commits a violation of Section
288 has used obscene or harmful matter to induce, persuade, or
encourage the minor to engage in a lewd or lascivious act shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.72. Upon conviction of a violation of Section 11353, 11353.5,
11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a
finding of truth of an enhancing allegation pursuant to paragraph (3)
of subdivision (a) of Section 11353.1, Section 11353.6, or paragraph
(3) of subdivision (a) of Section 11380.1, the fact that the minor
was 11 years of age or younger shall be considered a circumstance in
aggravation when imposing a term under subdivision (b) of Section
1170.



1170.73. Upon conviction of a felony violation of Section 11377,
11378, or 11378.5 of the Health and Safety Code, the court shall
consider the quantity of controlled substance involved in determining
whether to impose an aggravated term under subdivision (b) of
Section 1170.



1170.74. Upon conviction of a felony violation of Section 11377,
11378, 11379, or 11379.6 of the Health and Safety Code, for an
offense involving methamphetamine, the fact that the controlled
substance is the crystalline form of methamphetamine shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.76. The fact that a defendant who commits or attempts to
commit a violation of Section 243.4, 245, or 273.5 is or has been a
member of the household of a minor or of the victim of the offense,
or the defendant is a marital or blood relative of the minor or the
victim, or the defendant or the victim is the natural parent,
adoptive parent, stepparent, or foster parent of the minor, and the
offense contemporaneously occurred in the presence of, or was
witnessed by, the minor shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.78. Upon a conviction of a violation of Section 451, the fact
that the person committed the offense in retaliation against the
owner or occupant of the property or structure burned, or against one
believed by the person to be the owner or occupant of the property
or structure burned, for any eviction or other legal action taken by
the owner or occupant, or believed owner or occupant, shall be a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170.



1170.8. (a) The fact that a robbery or an assault with a deadly
weapon or instrument or by means of any force likely to produce great
bodily injury was committed against a person while that person was
in a church, synagogue, or building owned and occupied by a religious
educational institution, or any other place primarily used as a
place of worship where religious services are regularly conducted,
shall be considered a circumstance in aggravation of the crime in
imposing a term under subdivision (b) of Section 1170.
(b) Upon conviction of any person for a violation of Section 451
or 453, the fact that the person intentionally burned, or intended to
burn, a church, synagogue, or building owned and occupied by a
religious educational institution, or any other place primarily used
as a place of worship where religious services are regularly
conducted, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.81. The fact that the intended victim of an attempted life
term crime was a peace officer, as described in subdivisions (a) and
(b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the
peace officer was engaged in the performance of his or her duties,
and the defendant knew or reasonably should have known that the
victim was a peace officer engaged in the performance of his or her
duties, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.82. Upon a conviction of a violation of Section 11352, 11360,
11379, or 11379.5 of the Health and Safety Code, the fact that the
person who committed the offense knew, or reasonably should have
known, that any of the following circumstances existed with regard to
the person to whom he or she unlawfully sold, furnished,
administered, or gave away a controlled substance, shall be a
circumstance in aggravation of the crime in imposing a term pursuant
to subdivision (b) of Section 1170:
(a) The person was pregnant at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.
(b) The person had been previously convicted of a violent felony,
as defined in subdivision (c) of Section 667.5.
(c) The person was in psychological treatment for a mental
disorder or for substance abuse at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.


1170.84. Upon conviction of any serious felony, listed in
subdivision (c) of Section 1192.7, it shall be considered a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170 if, during the course of the serious
felony, the person engaged in the tying, binding, or confining of any
victim.



1170.85. (a) Upon conviction of any felony assault or battery
offense, it shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170 if the
offense was committed to prevent or dissuade a person who is or may
become a witness from attending upon or testifying at any trial,
proceeding, or inquiry authorized by law, or if the offense was
committed because the person provided assistance or information to a
law enforcement officer, or to a public prosecutor in a criminal or
juvenile court proceeding.
(b) Upon conviction of any felony it shall be considered a
circumstance in aggravation in imposing a term under subdivision (b)
of Section 1170 if the victim of an offense is particularly
vulnerable, or unable to defend himself or herself, due to age or
significant disability.



1170.86. Upon conviction of a felony violation of Section 220, 261,
261.5, 264.1, or 266j the fact that the felony was committed within
a safe school zone, as defined in subdivision (c) of Section 626,
against a victim who was a pupil currently attending school, shall be
considered a circumstance in aggravation in imposing a term under
subdivision (b) of Section 1170.



1170.89. Where there is an applicable triad for an enhancement
related to the possession of, being armed with, use of, or furnishing
or supplying a firearm, set forth in Section 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a
person knew or had reason to believe that a firearm was stolen shall
constitute a circumstance in aggravation of the enhancement
justifying imposition of the upper term on that enhancement.



1170.9. (a) In the case of any person convicted of a criminal
offense who would otherwise be sentenced to county jail or state
prison and who alleges that he or she committed the offense as a
result of post-traumatic stress disorder, substance abuse, or
psychological problems stemming from service in a combat theater in
the United States military, the court shall, prior to sentencing,
hold a hearing to determine whether the defendant was a member of the
military forces of the United States who served in combat and shall
assess whether the defendant suffers from post-traumatic stress
disorder, substance abuse, or psychological problems as a result of
that service.
(b) If the court concludes that a defendant convicted of a
criminal offense is a person described in subdivision (a), and if the
defendant is otherwise eligible for probation and the court places
the defendant on probation, the court may order the defendant into a
local, state, federal, or private nonprofit treatment program for a
period not to exceed that which the defendant would have served in
state prison or county jail, provided the defendant agrees to
participate in the program and the court determines that an
appropriate treatment program exists.
(c) If a referral is made to the county mental health authority,
the county shall be obligated to provide mental health treatment
services only to the extent that resources are available for that
purpose, as described in paragraph (5) of subdivision (b) of Section
5600.3 of the Welfare and Institutions Code. If mental health
treatment services are ordered by the court, the county mental health
agency shall coordinate appropriate referral of the defendant to the
county veterans service officer, as described in paragraph (5) of
subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. The county mental health agency shall not be responsible for
providing services outside its traditional scope of services. An
order shall be made referring a defendant to a county mental health
agency only if that agency has agreed to accept responsibility for
the treatment of the defendant.
(d) When determining the "needs of the defendant," for purposes of
Section 1202.7, the court shall consider the fact that the defendant
is a person described in subdivision (a) in assessing whether the
defendant should be placed on probation and whether the defendant
would be best served while on probation by being ordered into a
private nonprofit treatment service program with a demonstrated
history of specializing in the treatment of military service-related
issues, such as post-traumatic stress disorder, substance abuse, or
psychological problems.
(e) A defendant granted probation under this section and committed
to a residential treatment program shall earn sentence credits for
the actual time the defendant served in residential treatment.
(f) The court, in making an order under this section to commit a
defendant to an established treatment program, shall give preference
to a treatment program that has a history of successfully treating
combat veterans who suffer from post-traumatic stress disorder,
substance abuse, or psychological problems as a result of that
service.

[هيثم الفقى]

CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO
THEM

1137. Upon retiring for deliberation, the jury may take with them
all papers (except depositions) which have been received as evidence
in the cause, or copies of such public records or private documents
given in evidence as ought not, in the opinion of the court, to be
taken from the person having them in possession. They may also take
with them the written instructions given, and notes of the testimony
or other proceedings on the trial, taken by themselves or any of
them, but none taken by any other person. The court shall provide
for the custody and safekeeping of such items.



1138. After the jury have retired for deliberation, if there be any
disagreement between them as to the testimony, or if they desire to
be informed on any point of law arising in the case, they must
require the officer to conduct them into court. Upon being brought
into court, the information required must be given in the presence
of, or after notice to, the prosecuting attorney, and the defendant
or his counsel, or after they have been called.



1138.5. Except for good cause shown, the judge in his of her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.



1140. Except as provided by law, the jury cannot be discharged
after the cause is submitted to them until they have agreed upon
their verdict and rendered it in open court, unless by consent of
both parties, entered upon the minutes, or unless, at the expiration
of such time as the court may deem proper, it satisfactorily appears
that there is no reasonable probability that the jury can agree.



1141. In all cases where a jury is discharged or prevented from
giving a verdict by reason of an accident or other cause, except
where the defendant is discharged during the progress of the trial,
or after the cause is submitted to them, the cause may be again
tried.



1142. While the jury are absent the Court may adjourn from time to
time, as to other business, but it must nevertheless be open for
every purpose connected with the cause submitted to the jury until a
verdict is rendered or the jury discharged.

[هيثم الفقى]

1147. When the jury have agreed upon their verdict, they must be
conducted into court by the officer having them in charge. Their
names must then be called, and if all do not appear, the rest must be
discharged without giving a verdict. In that case the action may be
again tried.



1148. If charged with a felony the defendant must, before the
verdict is received, appear in person, unless, after the exercise of
reasonable diligence to procure the presence of the defendant, the
court shall find that it will be in the interest of justice that the
verdict be received in his absence. If for a misdemeanor, the
verdict may be rendered in his absence.



1149. When the jury appear they must be asked by the Court, or
Clerk, whether they have agreed upon their verdict, and if the
foreman answers in the affirmative, they must, on being required,
declare the same.


1150. The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may, except upon a trial for libel, find a special
verdict.


1151. A general verdict upon a plea of not guilty is either "guilty"
or "not guilty," which imports a conviction or acquittal of the
offense charged in the accusatory pleading. Upon a plea of a former
conviction or acquittal of the offense charged, or upon a plea of
once in jeopardy, the general verdict is either "for the people" or
"for the defendant." When the defendant is acquitted on the ground
of a variance between the accusatory pleading and the proof, the
verdict is "not guilty by reason of variance between charge and
proof."


1152. A special verdict is that by which the jury find the facts
only, leaving the judgment to the Court. It must present the
conclusions of fact as established by the evidence, and not the
evidence to prove them, and these conclusions of fact must be so
presented as that nothing remains to the Court but to draw
conclusions of law upon them.



1153. The special verdict must be reduced to writing by the jury,
or in their presence entered upon the minutes of the Court, read to
the jury and agreed to by them, before they are discharged.



1154. The special verdict need not be in any particular form, but
is sufficient if it presents intelligibly the facts found by the
jury.


1155. The court must give judgment upon the special verdict as
follows:
1. If the plea is not guilty, and the facts prove the defendant
guilty of the offense charged in the indictment or information, or of
any other offense of which he could be convicted under that
indictment or information, judgment must be given accordingly. But
if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal or once in
jeopardy of the same offense, the court must give judgment of
acquittal or conviction, as the facts prove or fail to prove the
former conviction or acquittal or jeopardy.



1156. If the jury do not, in a special verdict, pronounce
affirmatively or negatively on the facts necessary to enable the
court to give judgment, or if they find the evidence of facts merely,
and not the conclusions of fact, from the evidence, as established
to their satisfaction, the court shall direct the jury to retire and
return another special verdict. The court may explain to the jury
the defect or insufficiency in the special verdict returned, and the
form which the special verdict to be returned must take.



1157. Whenever a defendant is convicted of a crime or attempt to
commit a crime which is distinguished into degrees, the jury, or the
court if a jury trial is waived, must find the degree of the crime or
attempted crime of which he is guilty. Upon the failure of the jury
or the court to so determine, the degree of the crime or attempted
crime of which the defendant is guilty, shall be deemed to be of the
lesser degree.



1158. Whenever the fact of a previous conviction of another offense
is charged in an accusatory pleading, and the defendant is found
guilty of the offense with which he is charged, the jury, or the
judge if a jury trial is waived, must unless the answer of the
defendant admits such previous conviction, find whether or not he has
suffered such previous conviction. The verdict or finding upon the
charge of previous conviction may be: "We (or I) find the charge of
previous conviction true" or "We (or I) find the charge of previous
conviction not true," according as the jury or the judge find that
the defendant has or has not suffered such conviction. If more than
one previous conviction is charged a separate finding must be made as
to each.



1158a. (a) Whenever the fact that a defendant was armed with a
weapon either at the time of his commission of the offense or at the
time of his arrest, or both, is charged in accordance with section
969c of this code, in any count of the indictment or information to
which the defendant has entered a plea of not guilty, the jury, if
they find a verdict of guilty of the offense with which the defendant
is charged, or of any offense included therein, must also find
whether or not the defendant was armed as charged in the count to
which the plea of not guilty was entered. The verdict of the jury
upon a charge of being armed may be: "We find the charge of being
armed contained in the ____ count true," or "We find the charge of
being armed contained in the ____ count not true," as they find that
the defendant was or was not armed as charged in any particular count
of the indictment or information. A separate verdict upon the
charge of being armed must be returned for each count which alleges
that the defendant was armed.
(b) Whenever the fact that a defendant used a firearm is charged
in accordance with Section 969d in any count of the indictment or
information to which the defendant has entered a plea of not guilty,
the jury if they find a verdict of guilty of the offense with which
the defendant is charged must also find whether or not the defendant
used a firearm as charged in the count to which the plea of not
guilty was entered. A verdict of the jury upon a charge of using a
firearm may be: "We find the charge of using a firearm contained in
the ____ count true," or "We find the charge of using a firearm
contained in the ____ count not true," as they find that the
defendant used or did not use a firearm as charged in any particular
count of the indictment or information. A separate verdict upon the
charge of using a firearm shall be returned for each count which
alleges that defendant used a firearm.



1159. The jury, or the judge if a jury trial is waived, may find
the defendant guilty of any offense, the commission of which is
necessarily included in that with which he is charged, or of an
attempt to commit the offense.


1160. On a charge against two or more defendants jointly, if the
jury cannot agree upon a verdict as to all, they may render a verdict
as to the defendant or defendants in regard to whom they do agree,
on which a judgment must be entered accordingly, and the case as to
the other may be tried again.
Where two or more offenses are charged in any accusatory pleading,
if the jury cannot agree upon a verdict as to all of them, they may
render a verdict as to the charge or charges upon which they do
agree, and the charges on which they do not agree may be tried again.




1161. When there is a verdict of conviction, in which it appears to
the Court that the jury have mistaken the law, the Court may explain
the reason for that opinion and direct the jury to reconsider their
verdict, and if, after the reconsideration, they return the same
verdict, it must be entered; but when there is a verdict of
acquittal, the Court cannot require the jury to reconsider it. If
the jury render a verdict which is neither general nor special, the
Court may direct them to reconsider it, and it cannot be recorded
until it is rendered in some form from which it can be clearly
understood that the intent of the jury is either to render a general
verdict or to find the facts specially and to leave the judgment to
the Court.



1162. If the jury persist in finding an informal verdict, from
which, however, it can be clearly understood that their intention is
to find in favor of the defendant upon the issue, it must be entered
in the terms in which it is found, and the Court must give judgment
of acquittal. But no judgment of conviction can be given unless the
jury expressly find against the defendant upon the issue, or judgment
is given against him on a special verdict.



1163. When a verdict is rendered, and before it is recorded, the
jury may be polled, at the request of either party, in which case
they must be severally asked whether it is their verdict, and if any
one answer in the negative, the jury must be sent out for further
deliberation.



1164. (a) When the verdict given is receivable by the court, the
clerk shall record it in full upon the minutes, and if requested by
any party shall read it to the jury, and inquire of them whether it
is their verdict. If any juror disagrees, the fact shall be entered
upon the minutes and the jury again sent out; but if no disagreement
is expressed, the verdict is complete, and the jury shall, subject to
subdivision (b), be discharged from the case.
(b) No jury shall be discharged until the court has verified on
the record that the jury has either reached a verdict or has formally
declared its inability to reach a verdict on all issues before it,
including, but not limited to, the degree of the crime or crimes
charged, and the truth of any alleged prior conviction whether in the
same proceeding or in a bifurcated proceeding.



1165. Where a general verdict is rendered or a finding by the court
is made in favor of the defendant, except on a plea of not guilty by
reason of insanity, a judgment of acquittal must be forthwith given.
If such judgment is given, or a judgment imposing a fine only,
without imprisonment for nonpayment is given, and the defendant is
not detained for any other legal cause, he must be discharged, if in
custody, as soon as the judgment is given, except that where the
acquittal is because of a variance between the pleading and the proof
which may be obviated by a new accusatory pleading, the court may
order his detention, to the end that a new accusatory pleading may be
preferred, in the same manner and with like effect as provided in
Section 1117.



1166. If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or she shall be committed to the proper officer of
the county to await the judgment of the court upon the verdict,
unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail. When committed, his or
her bail is exonerated, or if money is deposited instead of bail it
must be refunded to the defendant or to the person or persons found
by the court to have deposited said money on behalf of said
defendant.


1167. When a jury trial is waived, the judge or justice before whom
the trial is had shall, at the conclusion thereof, announce his
findings upon the issues of fact, which shall be in substantially the
form prescribed for the general verdict of a jury and shall be
entered upon the minutes.



1168. (a) Every person who commits a public offense, for which any
specification of three time periods of imprisonment in any state
prison is now prescribed by law or for which only a single term of
imprisonment in state prison is specified shall, unless such
convicted person be placed on probation, a new trial granted, or the
imposing of sentence suspended, be sentenced pursuant to Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2.
(b) For any person not sentenced under such provision, but who is
sentenced to be imprisoned in the state prison, including
imprisonment not exceeding one year and one day, the court imposing
the sentence shall not fix the term or duration of the period of
imprisonment.

[هيثم الفقى]

Initial Sentencing


1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the choice of the appropriate
term shall rest within the sound discretion of the court. At least
four days prior to the time set for imposition of judgment, either
party or the victim, or the family of the victim if the victim is
deceased, may submit a statement in aggravation or mitigation. In
determining the appropriate term, the court may consider the record
in the case, the probation officer's report, other reports including
reports received pursuant to Section 1203.03 and statements in
aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall select the term which, in the court's
discretion, best serves the interests of justice. The court shall set
forth on the record the reasons for imposing the term selected and
the court may not impose an upper term by using the fact of any
enhancement upon which sentence is imposed under any provision of
law. A term of imprisonment shall not be specified if imposition of
sentence is suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraph (A) and (B)
or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before that date, deletes or extends that
date.



1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Notwithstanding paragraph (1), the Legislature further finds
and declares that programs should be available for inmates,
including, but not limited to, educational programs, that are
designed to prepare nonviolent felony offenders for successful
reentry into the community. The Legislature encourages the
development of policies and programs designed to educate and
rehabilitate nonviolent felony offenders. In implementing this
section, the Department of Corrections and Rehabilitation is
encouraged to give priority enrollment in programs to promote
successful return to the community to an inmate with a short
remaining term of commitment and a release date that would allow him
or her adequate time to complete the program.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the secretary. The court
shall advise the defendant that he or she shall serve a period of
parole and order the defendant to report to the parole office closest
to the defendant's last legal residence, unless the in-custody
credits equal the total sentence, including both confinement time and
the period of parole. The sentence shall be deemed a separate prior
prison term under Section 667.5, and a copy of the judgment and other
necessary documentation shall be forwarded to the secretary.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform the
defendant that as part of the sentence after expiration of the term
he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the secretary, the court
may, within 120 days of the date of commitment on its own motion, or
at any time upon the recommendation of the secretary or the Board of
Parole Hearings, recall the sentence and commitment previously
ordered and resentence the defendant in the same manner as if he or
she had not previously been sentenced, provided the new sentence, if
any, is no greater than the initial sentence. The resentence under
this subdivision shall apply the sentencing rules of the Judicial
Council so as to eliminate disparity of sentences and to promote
uniformity of sentencing. Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a), if the secretary or the Board of
Parole Hearings or both determine that a prisoner satisfies the
criteria set forth in paragraph (2), the secretary or the board may
recommend to the court that the prisoner's sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
(C) The prisoner is permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living, and results in the prisoner
requiring 24-hour total care, including, but not limited to, coma,
persistent vegetative state, brain death, ventilator-dependency, loss
of control of muscular or neurological function, and that
incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner sentenced
to death or a term of life without the possibility of parole.
(3) Within 10 days of receipt of a positive recommendation by the
secretary or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) Any physician employed by the department who determines that a
prisoner has six months or less to live shall notify the chief
medical officer of the prognosis. If the chief medical officer
concurs with the prognosis, he or she shall notify the warden. Within
48 hours of receiving notification, the warden or the warden's
representative shall notify the prisoner of the recall and
resentencing procedures, and shall arrange for the prisoner to
designate a family member or other outside agent to be notified as to
the prisoner's medical condition and prognosis, and as to the recall
and resentencing procedures. If the inmate is deemed mentally unfit,
the warden or the warden's representative shall contact the inmate's
emergency contact and provide the information described in paragraph
(2).
(5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
(6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the secretary. Upon receipt of
the request, the chief medical officer and the warden or the warden'
s representative shall follow the procedures described in paragraph
(4). If the secretary determines that the prisoner satisfies the
criteria set forth in paragraph (2), the secretary or board may
recommend to the court that the prisoner's sentence be recalled. The
secretary shall submit a recommendation for release within 30 days in
the case of inmates sentenced to determinate terms and, in the case
of inmates sentenced to indeterminate terms, the secretary shall make
a recommendation to the Board of Parole Hearings with respect to the
inmates who have applied under this section. The board shall
consider this information and make an independent judgment pursuant
to paragraph (2) and make findings related thereto before rejecting
the request or making a recommendation to the court. This action
shall be taken at the next lawfully noticed board meeting.
(7) Any recommendation for recall submitted to the court by the
secretary or the Board of Parole Hearings shall include one or more
medical evaluations, a postrelease plan, and findings pursuant to
paragraph (2).
(8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate. At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession: a discharge medical summary, full
medical records, state identification, parole medications, and all
property belonging to the prisoner. After discharge, any additional
records shall be sent to the prisoner's forwarding address.
(10) The secretary shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure. The directive shall clearly state that any prisoner who is
given a prognosis of six months or less to live is eligible for
recall and resentencing consideration, and that recall and
resentencing procedures shall be initiated upon that prognosis.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
(h) This section shall become operative on January 1, 2009.



1170.1. (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
(b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170 or subdivision (b) of Section 1168, the court shall
also impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall impose the middle term unless there are
circumstances in aggravation or mitigation, and state the reasons for
its sentence choice, other than the middle term, on the record at
the time of sentencing. The court shall also impose any other
additional term that the court determines in its discretion or as
required by law shall run consecutive to the term imposed under
Section 1170 or subdivision (b) of Section 1168. In considering the
imposition of the additional term, the court shall apply the
sentencing rules of the Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.



1170.11. As used in Section 1170.1, the term "specific enhancement"
means an enhancement that relates to the circumstances of the crime.
It includes, but is not limited to, the enhancements provided in
Sections 186.10, 186.11, 186.22, 186.26, 186.33, 273.4, 289.5, 290.4,
290.45, 290.46, 347, and 368, subdivisions (a) and (b) of Section
422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of
Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675,
12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9,
12022.95, 12072, and 12280 of this code, and in Sections 1522.01 and
11353.1, subdivision (b) of Section 11353.4, Sections 11353.6,
11356.5, 11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.7,
25189.5, and 25189.7 of the Health and Safety Code, and in Sections
20001 and 23558 of the Vehicle Code, and in Sections 10980 and 14107
of the Welfare and Institutions Code.



1170.12. (a) Notwithstanding any other provision of 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 felony convictions,
as defined in subdivision (b), 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 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 this section.
(7) If there is a current conviction for more than one serious or
violent felony as described in paragraph (6) of this subdivision, 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 this section will be imposed
consecutive to any other sentence which the defendant is already
serving, unless otherwise provided by law.
(b) Notwithstanding any other provision of law and for the
purposes of this section, a prior conviction of a 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 this section 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 this section:
(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 *** 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison. A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3) A prior juvenile adjudication shall constitute a prior felony
conviction for purposes of sentence enhancement if:
(A) The juvenile was sixteen years of age or older at the time he
or she committed the prior offense, and
(B) The prior offense is
(i) listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, or
(ii) listed in this subdivision as a felony, and
(C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law, and
(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.
(c) For purposes of this section, and in addition to any other
enhancements or punishment provisions which may apply, the following
shall apply where a defendant has a prior felony conviction:
(1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior felony convictions,
as defined in paragraph (1) of subdivision (b), 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 greater of
(i) three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior felony
convictions, or
(ii) twenty-five years or
(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) of
paragraph (2) of this subdivision 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) of paragraph (2) of
this subdivision shall not be merged therein but shall commence at
the time the person would otherwise have been released from prison.
(d) (1) Notwithstanding any other provision of law, this section
shall be applied in every case in which a defendant has a prior
felony conviction as defined in this section. The prosecuting
attorney shall plead and prove each prior felony conviction except as
provided in paragraph (2).
(2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
(e) Prior 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 convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior felony conviction allegation except as provided in paragraph
(2) of subdivision (d).



1170.125. Notwithstanding Section 2 of Proposition 184, as adopted
at the November 8, 1994, general election, for all offenses committed
on or after the effective date of this act, all references to
existing statutes in Section 1170.12 are to those statutes as they
existed on the effective date of this act, including amendments made
to those statutes by the act enacted during the 2005-06 Regular
Session that amended this section.



1170.13. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted pursuant to subdivision (b) of Section 139, the
subordinate term for each consecutive offense shall consist of the
full middle term.



1170.15. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted of a felony, and of an additional felony that is a
violation of Section 136.1 or 137 and that was committed against the
victim of, or a witness or potential witness with respect to, or a
person who was about to give material information pertaining to, the
first felony, or of a felony violation of Section 653f that was
committed to dissuade a witness or potential witness to the first
felony, the subordinate term for each consecutive offense that is a
felony described in this section shall consist of the full middle
term of imprisonment for the felony for which a consecutive term of
imprisonment is imposed, and shall include the full term prescribed
for any enhancements imposed for being armed with or using a
dangerous or deadly weapon or a firearm, or for inflicting great
bodily injury.


1170.16. In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
subdivision (a) of Section 192, whether or not the offenses were
committed during a single transaction.


1170.17. (a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully initiated in a court of criminal jurisdiction
without a prior finding that the person is not a fit and proper
subject to be dealt with under the juvenile court law, upon
subsequent conviction for any criminal offense, the person shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with the provisions set forth in subdivision
(a) of Section 1170.19, except under the circumstances described in
subdivision (b) or (c).
(b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is not a fit and proper subject to be dealt with under the
juvenile court law, and the prosecution for the offense could not
lawfully be initiated in a court of criminal jurisdiction, then
either of the following shall apply:
(1) The person shall be subject to the same sentence as an adult
convicted of the identical offense in accordance with the provisions
set forth in subdivision (a) of Section 1170.19, unless the person
prevails upon a motion brought pursuant to paragraph (2).
(2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person's fitness to be dealt with under
the juvenile court law and the court shall either conduct a fitness
hearing or suspend proceedings and remand the matter to the juvenile
court to prepare a social study and make a determination of fitness.
The person shall receive a disposition under the juvenile court law
only if the person demonstrates, by a preponderance of the evidence,
that he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

(A) The degree of criminal sophistication exhibited by the person.

(B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
(C) The person's previous delinquent history.
(D) Success of previous attempts by the juvenile court to
rehabilitate the person.
(E) The circumstances and gravity of the offense for which the
person has been convicted.
If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with the provisions of paragraph (1). If
the court conducting the hearing on fitness finds that the person is
a fit and proper subject for juvenile court jurisdiction, then the
person shall be subject to a disposition in accordance with the
provisions of subdivision (b) of Section 1170.19.
(c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
(1) The person shall be subject to a disposition under the
juvenile court law, in accordance with the provisions of subdivision
(b) of Section 1170.19, unless the district attorney prevails upon a
motion, as described in paragraph (2).
(2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the person is a fit and
proper subject to be dealt with under the juvenile court law. The
court shall either conduct a fitness hearing or suspend proceedings
and remand the matter to the juvenile court for a determination of
fitness. The person shall be subject to a juvenile disposition under
the juvenile court law unless the district attorney demonstrates, by
a preponderance of the evidence, that the person is not a fit and
proper subject to be dealt with under the juvenile court law, based
upon the five criteria set forth in paragraph (2) of subdivision (b).
If the person is found to be not a fit and proper subject to be
dealt with under the juvenile court law, then the person shall be
sentenced in the court where he or she was convicted, in accordance
with the provisions set forth in subdivision (a) of Section 1170.19.
If the person is found to be a fit and proper subject to be dealt
with under the juvenile court law, the person shall be subject to a
disposition, in accordance with the provisions of subdivision (b) of
Section 1170.19.
(d) Where the conviction is for the type of offense which, in
combination with the person's age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.



1170.19. (a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
(1) The person may be committed to the Youth Authority only to the
extent the person meets the eligibility criteria set forth in
Section 1732.6 of the Welfare and Institutions Code.
(2) The person shall not be housed in any facility under the
jurisdiction of the Department of Corrections, if the person is under
the age of 16 years.
(3) The person shall have his or her criminal court records
accorded the same degree of public access as the records pertaining
to the conviction of an adult for the identical offense.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may order a juvenile disposition under the juvenile court
law, in lieu of a sentence under this code, upon a finding that such
an order would serve the best interests of justice, protection of the
community, and the person being sentenced. Prior to ordering a
juvenile disposition, the court shall cause to be received into
evidence a social study by the probation officer, prepared pursuant
to Section 706 of the Welfare and Institutions Code, and shall state
that the social study made by the probation officer has been read and
considered by the court.
(b) Notwithstanding any other provision of law, the following
shall apply to a person who is eligible to receive a juvenile
disposition pursuant to Section 1170.17.
(1) The person shall be entitled a hearing on the proper
disposition of the case, conducted in accordance with the provisions
of Section 706 of the Welfare and Institutions Code. The court in
which the conviction occurred shall order the probation department to
prepare a written social study and recommendation concerning the
proper disposition of the case, prior to conducting the hearing or
remand the matter to the juvenile court for purposes of preparing the
social study, conducting the disposition hearing pursuant to Section
706 of the Welfare and Institutions Code, and making a disposition
order under the juvenile court law.
(2) The person shall have his or her conviction deemed to be a
finding of delinquency wardship under Section 602 of the Welfare and
Institutions Code.
(3) The person shall have his or her criminal court records
accorded the same degree of confidentiality as if the matter had been
initially prosecuted as a delinquency petition in the juvenile
court.
(4) Subject to the knowing and intelligent consent of both the
prosecution and the person being sentenced pursuant to this section,
the court may impose an adult sentence under this code, in lieu of
ordering a juvenile disposition under the juvenile court law, upon a
finding that such an order would serve the best interests of justice,
protection of the community, and the person being sentenced. Prior
to ordering an adult sentence, the court shall cause to be received
into evidence a social study by the probation officer, prepared
pursuant to Section 706 of the Welfare and Institutions Code, and
shall state that the social study prepared by the probation officer
has been read and considered by the court.



1170.2. (a) In the case of any inmate who committed a felony prior
to July 1, 1977, who would have been sentenced under Section 1170 if
he or she had committed it after July 1, 1977, the Board of Prison
Terms shall determine what the length of time of imprisonment would
have been under Section 1170 without consideration of good-time
credit and utilizing the middle term of the offense bearing the
longest term of imprisonment of which the prisoner was convicted
increased by any enhancements justified by matters found to be true
and which were imposed by the court at the time of sentencing for
such felony. These matters include: being armed with a deadly or
dangerous weapon as specified in Section 211a, 460, 3024, or 12022
prior to July 1, 1977, which may result in a one-year enhancement
pursuant to the provisions of Section 12022; using a firearm as
specified in Section 12022.5 prior to July 1, 1977, which may result
in a two-year enhancement pursuant to the provisions of Section
12022.5; infliction of great bodily injury as specified in Section
213, 264, or 461 prior to July 1, 1977, which may result in a
three-year enhancement pursuant to the provisions of Section 12022.7;
any prior felony conviction as specified in any statute prior to
July 1, 1977, which prior felony conviction is the equivalent of a
prior prison term as defined in Section 667.5, which may result in
the appropriate enhancement pursuant to the provisions of Section
667.5; and any consecutive sentence.
(b) If the calculation required under subdivision (a) is less than
the time to be served prior to a release date set prior to July 1,
1977, or if a release date had not been set, the Board of Prison
Terms shall establish the prisoner's parole date, subject to
subdivision (d), on the date calculated under subdivision (a) unless
at least two of the commissioners of the Board of Prison Terms after
reviewing the prisoner's file, determine that due to the number of
crimes of which the prisoner was convicted, or due to the number of
prior convictions suffered by the prisoner, or due to the fact that
the prisoner was armed with a deadly weapon when the crime was
committed, or used a deadly weapon during the commission of the
crime, or inflicted or attempted to inflict great bodily injury on
the victim of the crime, the prisoner should serve a term longer than
that calculated in subdivision (a), in which event the prisoner
shall be entitled to a hearing before a panel consisting of at least
two commissioners of the Board of Prison Terms as provided for in
Section 3041.5. The Board of Prison Terms shall notify each prisoner
who is scheduled for such a hearing within 90 days of July 1, 1977,
or within 90 days of the date the prisoner is received by or returned
to the custody of the Department of Corrections, whichever is later.
The hearing shall be held before October 1, 1978, or within 120 days
of receipt of the prisoner, whichever is later. It is the intent of
the Legislature that the hearings provided for in this subdivision
shall be accomplished in the most expeditious manner possible. At
the hearing the prisoner shall be entitled to be represented by legal
counsel, a release date shall be set, and the prisoner shall be
informed in writing of the extraordinary factors specifically
considered determinative and on what basis the release date has been
calculated. In fixing a term under this section the board shall be
guided by, but not limited to, the term which reasonably could be
imposed on a person who committed a similar offense under similar
circumstances on or after July 1, 1977, and further, the board shall
be guided by the following finding and declaration hereby made by the
Legislature: that the necessity to protect the public from
repetition of extraordinary crimes of violence against the person is
the paramount consideration.
(c) Nothing in this section shall be deemed to keep an inmate in
the custody of the Department of Corrections for a period of time
longer than he would have been kept in its custody under the
provisions of law applicable to him prior to July 1, 1977. Nothing
in this section shall be deemed to require the release of an inmate
sentenced to consecutive sentences under the provisions of law
applicable to him prior to July 1, 1977, earlier than if he had been
sentenced to concurrent sentences.
(d) In the case of any prisoner who committed a felony prior to
July 1, 1977, who would have been sentenced under Section 1170 if the
felony was committed on or after July 1, 1977, the good behavior and
participation provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 shall apply from July 1,
1977, and thereafter.
(e) In the case of any inmate who committed a felony prior to July
1, 1977, who would have been sentenced under Section 1168 if the
felony was committed on or after July 1, 1977, the Board of Prison
Terms shall provide for release from prison as provided for by this
code.
(f) In the case of any inmate who committed a felony prior to July
1, 1977, the length, conditions, revocation, and other incidents of
parole shall be the same as if the prisoner had been sentenced for an
offense committed on or after July 1, 1977.
(g) Nothing in this chapter shall affect the eligibility for
parole under Article 3 (commencing with Section 3040) of Chapter 8 of
Title 1 of Part 3 of an inmate sentenced pursuant to Section 1168 as
operative prior to July 1, 1977, for a period of parole as specified
in subdivision (b) of Section 3000.
(h) In fixing a term under this section, the Board of Prison Terms
shall utilize the terms of imprisonment as provided in Chapter 1139
of the Statutes of 1976 and Chapter 165 of the Statutes of 1977.




1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower, middle, or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.


1170.3. The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall become operative on January 1, 2009.




1170.4. The Judicial Council shall collect and analyze relevant
information relating to sentencing practices in this state and other
jurisdictions. Such information shall be taken into consideration by
the Judicial Council in the adoption of rules pursuant to Section
1170.3.



1170.45. The Judicial Council shall collect data on criminal cases
statewide relating to the disposition of those cases according to the
race and ethnicity of the defendant, and report annually thereon to
the Legislature beginning no later than January 1, 1999. It is the
intent of the Legislature to appropriate funds to the Judicial
Council for this purpose.



1170.5. The Judicial Council shall conduct annual sentencing
institutes for trial court judges pursuant to Section 68551 of the
Government Code, toward the end of assisting the judge in the
imposition of appropriate sentences.


1170.7. Robbery or attempted robbery for the purpose of obtaining
any controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, when committed against
a pharmacist, pharmacy employee, or other person lawfully possessing
controlled substances, shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.71. The fact that a person who commits a violation of Section
288 has used obscene or harmful matter to induce, persuade, or
encourage the minor to engage in a lewd or lascivious act shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.72. Upon conviction of a violation of Section 11353, 11353.5,
11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a
finding of truth of an enhancing allegation pursuant to paragraph (3)
of subdivision (a) of Section 11353.1, Section 11353.6, or paragraph
(3) of subdivision (a) of Section 11380.1, the fact that the minor
was 11 years of age or younger shall be considered a circumstance in
aggravation when imposing a term under subdivision (b) of Section
1170.



1170.73. Upon conviction of a felony violation of Section 11377,
11378, or 11378.5 of the Health and Safety Code, the court shall
consider the quantity of controlled substance involved in determining
whether to impose an aggravated term under subdivision (b) of
Section 1170.



1170.74. Upon conviction of a felony violation of Section 11377,
11378, 11379, or 11379.6 of the Health and Safety Code, for an
offense involving methamphetamine, the fact that the controlled
substance is the crystalline form of methamphetamine shall be
considered a circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.



1170.76. The fact that a defendant who commits or attempts to
commit a violation of Section 243.4, 245, or 273.5 is or has been a
member of the household of a minor or of the victim of the offense,
or the defendant is a marital or blood relative of the minor or the
victim, or the defendant or the victim is the natural parent,
adoptive parent, stepparent, or foster parent of the minor, and the
offense contemporaneously occurred in the presence of, or was
witnessed by, the minor shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.



1170.78. Upon a conviction of a violation of Section 451, the fact
that the person committed the offense in retaliation against the
owner or occupant of the property or structure burned, or against one
believed by the person to be the owner or occupant of the property
or structure burned, for any eviction or other legal action taken by
the owner or occupant, or believed owner or occupant, shall be a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170.



1170.8. (a) The fact that a robbery or an assault with a deadly
weapon or instrument or by means of any force likely to produce great
bodily injury was committed against a person while that person was
in a church, synagogue, or building owned and occupied by a religious
educational institution, or any other place primarily used as a
place of worship where religious services are regularly conducted,
shall be considered a circumstance in aggravation of the crime in
imposing a term under subdivision (b) of Section 1170.
(b) Upon conviction of any person for a violation of Section 451
or 453, the fact that the person intentionally burned, or intended to
burn, a church, synagogue, or building owned and occupied by a
religious educational institution, or any other place primarily used
as a place of worship where religious services are regularly
conducted, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.81. The fact that the intended victim of an attempted life
term crime was a peace officer, as described in subdivisions (a) and
(b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the
peace officer was engaged in the performance of his or her duties,
and the defendant knew or reasonably should have known that the
victim was a peace officer engaged in the performance of his or her
duties, shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170.



1170.82. Upon a conviction of a violation of Section 11352, 11360,
11379, or 11379.5 of the Health and Safety Code, the fact that the
person who committed the offense knew, or reasonably should have
known, that any of the following circumstances existed with regard to
the person to whom he or she unlawfully sold, furnished,
administered, or gave away a controlled substance, shall be a
circumstance in aggravation of the crime in imposing a term pursuant
to subdivision (b) of Section 1170:
(a) The person was pregnant at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.
(b) The person had been previously convicted of a violent felony,
as defined in subdivision (c) of Section 667.5.
(c) The person was in psychological treatment for a mental
disorder or for substance abuse at the time of the selling,
furnishing, administering, or giving away of the controlled
substance.


1170.84. Upon conviction of any serious felony, listed in
subdivision (c) of Section 1192.7, it shall be considered a
circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170 if, during the course of the serious
felony, the person engaged in the tying, binding, or confining of any
victim.



1170.85. (a) Upon conviction of any felony assault or battery
offense, it shall be considered a circumstance in aggravation of the
crime in imposing a term under subdivision (b) of Section 1170 if the
offense was committed to prevent or dissuade a person who is or may
become a witness from attending upon or testifying at any trial,
proceeding, or inquiry authorized by law, or if the offense was
committed because the person provided assistance or information to a
law enforcement officer, or to a public prosecutor in a criminal or
juvenile court proceeding.
(b) Upon conviction of any felony it shall be considered a
circumstance in aggravation in imposing a term under subdivision (b)
of Section 1170 if the victim of an offense is particularly
vulnerable, or unable to defend himself or herself, due to age or
significant disability.



1170.86. Upon conviction of a felony violation of Section 220, 261,
261.5, 264.1, or 266j the fact that the felony was committed within
a safe school zone, as defined in subdivision (c) of Section 626,
against a victim who was a pupil currently attending school, shall be
considered a circumstance in aggravation in imposing a term under
subdivision (b) of Section 1170.



1170.89. Where there is an applicable triad for an enhancement
related to the possession of, being armed with, use of, or furnishing
or supplying a firearm, set forth in Section 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a
person knew or had reason to believe that a firearm was stolen shall
constitute a circumstance in aggravation of the enhancement
justifying imposition of the upper term on that enhancement.



1170.9. (a) In the case of any person convicted of a criminal
offense who would otherwise be sentenced to county jail or state
prison and who alleges that he or she committed the offense as a
result of post-traumatic stress disorder, substance abuse, or
psychological problems stemming from service in a combat theater in
the United States military, the court shall, prior to sentencing,
hold a hearing to determine whether the defendant was a member of the
military forces of the United States who served in combat and shall
assess whether the defendant suffers from post-traumatic stress
disorder, substance abuse, or psychological problems as a result of
that service.
(b) If the court concludes that a defendant convicted of a
criminal offense is a person described in subdivision (a), and if the
defendant is otherwise eligible for probation and the court places
the defendant on probation, the court may order the defendant into a
local, state, federal, or private nonprofit treatment program for a
period not to exceed that which the defendant would have served in
state prison or county jail, provided the defendant agrees to
participate in the program and the court determines that an
appropriate treatment program exists.
(c) If a referral is made to the county mental health authority,
the county shall be obligated to provide mental health treatment
services only to the extent that resources are available for that
purpose, as described in paragraph (5) of subdivision (b) of Section
5600.3 of the Welfare and Institutions Code. If mental health
treatment services are ordered by the court, the county mental health
agency shall coordinate appropriate referral of the defendant to the
county veterans service officer, as described in paragraph (5) of
subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. The county mental health agency shall not be responsible for
providing services outside its traditional scope of services. An
order shall be made referring a defendant to a county mental health
agency only if that agency has agreed to accept responsibility for
the treatment of the defendant.
(d) When determining the "needs of the defendant," for purposes of
Section 1202.7, the court shall consider the fact that the defendant
is a person described in subdivision (a) in assessing whether the
defendant should be placed on probation and whether the defendant
would be best served while on probation by being ordered into a
private nonprofit treatment service program with a demonstrated
history of specializing in the treatment of military service-related
issues, such as post-traumatic stress disorder, substance abuse, or
psychological problems.
(e) A defendant granted probation under this section and committed
to a residential treatment program shall earn sentence credits for
the actual time the defendant served in residential treatment.
(f) The court, in making an order under this section to commit a
defendant to an established treatment program, shall give preference
to a treatment program that has a history of successfully treating
combat veterans who suffer from post-traumatic stress disorder,
substance abuse, or psychological problems as a result of that
service.

[هيثم الفقى]

PREGNANT AND PARENTING WOMEN'S ALTERNATIVE
SENTENCING PROGRAM ACT



1174. This chapter shall be known as the Pregnant and Parenting
Women's Alternative Sentencing Program Act.



1174.1. For purposes of this chapter, the following definitions
shall apply:
(a) "Agency" means the private agency selected by the department
to operate this program.
(b) "Construction" means the purchase, new construction,
reconstruction, remodeling, renovation, or replacement of facilities,
or a combination thereof.
(c) "County" means each individual county as represented by the
county board of supervisors.
(d) "Court" means the superior court sentencing the offender to
the custody of the department.
(e) "Department" means the Department of Corrections.
(f) "Facility" means the nonsecure physical buildings, rooms,
areas, and equipment.
(g) "Program" means an intensive substance abusing pregnant and
parenting women's alternative sentencing program.



1174.2. (a) Notwithstanding any other law, the unencumbered balance
of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall
revert to the unappropriated surplus of the 1990 Prison Construction
Fund. The sum of fifteen million dollars ($15,000,000) is hereby
appropriated to the Department of Corrections from the 1990 Prison
Construction Fund for site acquisition, site studies, environmental
studies, master planning, architectural programming, schematics,
preliminary plans, working drawings, construction, and long lead and
equipment items for the purpose of constructing facilities for
pregnant and parenting women's alternative sentencing programs.
These funds shall not be expended for any operating costs, including
those costs reimbursed by the department pursuant to subdivision (c)
of Section 1174.3. Funds not expended pursuant to this chapter shall
be used for planning, construction, renovation, or remodeling by, or
under the supervision of, the Department of Corrections, of
community-based facilities for programs designed to reduce drug use
and recidivism, including, but not limited to, restitution centers,
facilities for the incarceration and rehabilitation of drug
offenders, multipurpose correctional centers, and centers for
intensive programs for parolees. These funds shall not be expended
until legislation authorizing the establishment of these programs is
enacted. If the Legislature finds that the Department of Corrections
has made a good faith effort to site community-based facilities, but
funds designated for these community-based facilities are unexpended
as of January 1, 1998, the Legislature may appropriate these funds
for other Level I housing.
(b) The Department of Corrections shall purchase, design,
construct, and renovate facilities in counties or multicounty areas
with a population of more than 450,000 people pursuant to this
chapter. The department shall target for selection, among other
counties, Los Angeles County, San Diego County, and a bay area,
central valley, and an inland empire county as determined by the
Director of Corrections. The department, in consultation with the
State Department of Alcohol and Drug Programs, shall design core
alcohol and drug treatment programs, with specific requirements and
standards. Residential facilities shall be licensed by the State
Department of Alcohol and Drug Programs in accordance with provisions
of the Health and Safety Code governing licensure of alcoholism or
drug abuse recovery or treatment facilities. Residential and
nonresidential programs shall be certified by the State Department of
Alcohol and Drug Programs as meeting its standards for perinatal
services. Funds shall be awarded to selected agency service
providers based upon all of the following criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the agency or agencies designated by the Director of
Finance pursuant to Section 13820, the State Department of Social
Services, the State Department of Mental Health, or any county public
health department. In addition, the agency shall also attempt to
secure other available funding from all county, state, or federal
sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.


1174.3. (a) The department shall ensure that the facility designs
provide adequate space to carry out this chapter, including the
capability for nonsecure housing, programming, child care, food
services, treatment services, educational or vocational services,
intensive day treatment, and transitional living skills services.
(b) The agency selected to operate the program shall administer
and operate the center and program consistent with the criteria set
forth in this chapter and any criteria established by the department.
These responsibilities shall include maintenance and compliance
with all laws, regulations, and health standards. The department
shall contract to reimburse the agency selected to operate this
program for women who would otherwise be sentenced to state prison
based upon actual costs not provided by other funding sources.
(c) Notwithstanding any other law, Division 13 (commencing with
Section 21000) of the Public Resources Code shall not apply to any
facility used for multiperson residential use in the last five years,
including, but not limited to, motels, hotels, long-term care
facilities, apartment buildings, and rooming houses, or to any
project for which facilities intended to house no more than 75 women
and children are constructed or leased pursuant to this chapter.
(d) Proposals submitted pursuant to this chapter are exempt from
approval and submittal of plans and specifications to the Joint
Legislative Committee on Prison Construction Operations and other
legislative fiscal committees.



1174.4. (a) Persons eligible for participation in this alternative
sentencing program shall meet all of the following criteria:
(1) Pregnant women with an established history of substance abuse,
or pregnant or parenting women with an established history of
substance abuse who have one or more children under six years old at
the time of entry into the program. For women with children, at
least one eligible child shall reside with the mother in the
facility.
(2) Never served a prior prison term for, nor been convicted in
the present proceeding of, committing or attempting to commit, any of
the following offenses:
(A) Murder or voluntary manslaughter.
(B) Mayhem.
(C) Rape.
(D) Kidnapping.
(E) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

(F) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(G) Lewd acts on a child under 14 years of age, as defined in
Section 288.
(H) Any felony punishable by death or imprisonment in the state
prison for life.
(I) Any felony in which the defendant inflicts great bodily injury
on any person, other than an accomplice, that has been charged and
proved as provided for in Section 12022.53, 12022.7, or 12022.9, or
any felony in which the defendant uses a firearm, as provided in
Section 12022.5, 12022.53, or 12022.55, in which the use has been
charged and proved.
(J) Robbery.
(K) Any robbery perpetrated in an inhabited dwelling house or
trailer coach as defined in the Vehicle Code, or in the inhabited
portion of any other building, wherein it is charged and proved that
the defendant personally used a deadly or dangerous weapon, as
provided in subdivision (b) of Section 12022, in the commission of
that robbery.
(L) Arson in violation of subdivision (a) of Section 451.
(M) ***ual penetration in violation of subdivision (a) of Section
289 if the act is accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
(N) Rape or ***ual penetration in concert, in violation of Section
264.1.
(O) Continual ***ual abuse of a child in violation of Section
288.5.
(P) Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert with another, lascivious acts upon a
child, or ***ual penetration.
(Q) Assault with a deadly weapon or with force likely to produce
great bodily injury in violation of subdivision (a) of Section 245.
(R) Any violent felony defined in Section 667.5.
(S) A violation of Section 12022.
(T) A violation of Section 12308.
(U) Burglary of the first degree.
(V) A violation of Section 11351, 11351.5, 11352, 11353, 11358,
11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, or 11383 of the Health and Safety Code.
(3) Has not been sentenced to state prison for a term exceeding 36
months.
(b) Prior to sentencing, if the court proposes to give
consideration to a placement, the court shall consider a written
evaluation by the probation department, which shall include the
following:
(1) Whether the defendant is eligible for participation pursuant
to this section.
(2) Whether participation by the defendant and her eligible
children is deemed to be in the best interests of the children.
(3) Whether the defendant is amenable to treatment for substance
abuse and would benefit from participation in the program.
(4) Whether the program is deemed to be in the best interests of
an eligible child of the defendant, as determined by a representative
of the appropriate child welfare services agency of the county if
the child is a dependent child of the juvenile court pursuant to
Section 300 of the Welfare and Institutions Code.
(c) The district attorney shall make a recommendation to the court
as to whether or not the defendant would benefit from the program,
which the court shall consider in making its decision. If the court'
s decision is without the concurrence of the district attorney, the
court shall specify its reasons in writing and enter them into the
record.
(d) If the court determines that the defendant may benefit from
participation in this program, the court may impose a state prison
sentence with the recommendation that the defendant participate in
the program pursuant to this chapter. The court shall notify the
department within 48 hours of imposition of this sentence.
(e) The Director of Corrections shall consider the court's
recommendation in making a determination on the inmate's placement in
the program.
(f) Women accepted for the program by the Director of Corrections
shall be delivered by the county, pursuant to Section 1202a, to the
facility selected by the department. Before the director accepts a
woman for the program, the county shall provide to the director the
necessary information to determine her eligibility and appropriate
placement status. Priority for services and aftercare shall be given
to inmates who are incarcerated in a county, or adjacent to a
county, in which a program facility is located.
(g) Prior to being admitted to the program, each participant shall
voluntarily sign an agreement specifying the terms and conditions of
participation in the program.
(h) The department may refer inmates back to the sentencing court
if the department determines that an eligible inmate has not been
recommended for the program. The department shall refer the inmate
to the court by an evaluative report so stating the department's
assessment of eligibility, and requesting a recommendation by the
court.
(i) Women who successfully complete the program, including the
minimum of one year of transition services under intensive parole
supervision, shall be discharged from parole. Women who do not
successfully complete the program shall be returned to the state
prison where they shall serve their original sentences. These
persons shall receive full credit against their original sentences
for the time served in the program, pursuant to Section 2933.



1174.5. The department shall be responsible for the funding and
monitoring of the progress, activities, and performance of each
program.


1174.7. The department shall report the status of this program to
the Legislature on or before January 1, 1996, and each year
thereafter.


1174.8. (a) The department shall adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
implement this chapter.
(b) Notwithstanding subdivision (a) and any other law, and except
as otherwise specifically provided in this chapter, until July 1,
1996, the Director of Corrections shall have the power to implement,
interpret, and make specific the changes made in this chapter by
issuing director's criteria. These criteria shall be exempt from the
requirements of Articles 5 (commencing with Section 11346) and 6
(commencing with Section 11349) of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) and shall remain in effect until
July 1, 1996, unless terminated or replaced by, or readopted as,
emergency regulations pursuant to subdivision (c).
(c) On or before July 1, 1995, the department shall file emergency
regulations to implement this chapter with the Office of
Administrative Law. These emergency regulations shall be considered
by the office as necessary for the immediate preservation of the
public peace, health and safety, or general welfare and shall remain
in effect until July 1, 1996, unless terminated or replaced by, or
readopted as, permanent regulations in compliance with Articles 5
(commencing with Section 11346) and 6 (commencing with Section 11349)
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) pursuant to subdivision (d).
(d) The department shall file a certificate of compliance with the
Office of Administrative Law to adopt permanent regulations on or
before May 15, 1996.


1174.9. A program facility administered by the Department of
Corrections pursuant to this chapter is exempt from the requirements
and provisions of Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6
(commencing with Section 1597.30) of Division 2 of the Health and
Safety Code.

[هيثم الفقى]

1176. When written instructions have been presented, and given,
modified, or refused, or when the charge of the court has been taken
down by the reporter, the questions presented in such instructions or
charge need not be excepted to; but the judge must make and sign an
indorsement upon such instructions, showing the action of the court
thereon.

[هيثم الفقى]

1179. A new trial is a reexamination of the issue in the same
Court, before another jury, after a verdict has been given.



1180. The granting of a new trial places the parties in the same
position as if no trial had been had. All the testimony must be
produced anew, and the former verdict or finding cannot be used or
referred to, either in evidence or in argument, or be pleaded in bar
of any conviction which might have been had under the accusatory
pleading.



1181. When a verdict has been rendered or a finding made against
the defendant, the court may, upon his application, grant a new
trial, in the following cases only:
1. When the trial has been had in his absence except in cases
where the trial may lawfully proceed in his absence;
2. When the jury has received any evidence out of court, other
than that resulting from a view of the premises, or of personal
property;
3. When the jury has separated without leave of the court after
retiring to deliberate upon their verdict, or been guilty of any
misconduct by which a fair and due consideration of the case has been
prevented;
4. When the verdict has been decided by lot, or by any means other
than a fair expression of opinion on the part of all the jurors;
5. When the court has misdirected the jury in a matter of law, or
has erred in the decision of any question of law arising during the
course of the trial, and when the district attorney or other counsel
prosecuting the case has been guilty of prejudicial misconduct during
the trial thereof before a jury;
6. When the verdict or finding is contrary to law or evidence, but
if the evidence shows the defendant to be not guilty of the degree
of the crime of which he was convicted, but guilty of a lesser degree
thereof, or of a lesser crime included therein, the court may modify
the verdict, finding or judgment accordingly without granting or
ordering a new trial, and this power shall extend to any court to
which the cause may be appealed;
7. When the verdict or finding is contrary to law or evidence, but
in any case wherein authority is vested by statute in the trial
court or jury to recommend or determine as a part of its verdict or
finding the punishment to be imposed, the court may modify such
verdict or finding by imposing the lesser punishment without granting
or ordering a new trial, and this power shall extend to any court to
which the case may be appealed;
8. When new evidence is discovered material to the defendant, and
which he could not, with reasonable diligence, have discovered and
produced at the trial. When a motion for a new trial is made upon
the ground of newly discovered evidence, the defendant must produce
at the hearing, in support thereof, the affidavits of the witnesses
by whom such evidence is expected to be given, and if time is
required by the defendant to procure such affidavits, the court may
postpone the hearing of the motion for such length of time as, under
all circumstances of the case, may seem reasonable.
9. When the right to a phonographic report has not been waived,
and when it is not possible to have a phonographic report of the
trial transcribed by a stenographic reporter as provided by law or by
rule because of the death or disability of a reporter who
participated as a stenographic reporter at the trial or because of
the loss or destruction, in whole or in substantial part, of the
notes of such reporter, the trial court or a judge, thereof, or the
reviewing court shall have power to set aside and vacate the
judgment, order or decree from which an appeal has been taken or is
to be taken and to order a new trial of the action or proceeding.




1182. The application for a new trial must be made and determined
before judgment, the making of an order granting probation, the
commitment of a defendant for observation as a mentally disordered
*** offender, or the commitment of a defendant for narcotics
addiction or insanity, whichever first occurs, and the order granting
or denying the application shall be immediately entered by the clerk
in the minutes.

[هيثم الفقى]

1185. A motion in arrest of judgment is an application on the part
of the defendant that no judgment be rendered on a plea, finding, or
verdict of guilty, or on a finding or verdict against the defendant,
on a plea of a former conviction, former acquittal or once in
jeopardy. It may be founded on any of the defects in the accusatory
pleading mentioned in Section 1004, unless the objection has been
waived by a failure to demur, and must be made and determined before
the judgment is pronounced. When determined, the order must be
immediately entered in the minutes.



1186. The court may, on its own motion, at any time before judgment
is pronounced, arrest the judgment for any of the defects in the
accusatory pleading upon which a motion in arrest of judgment may be
founded as provided in Section 1185, by order for that purpose
entered upon its minutes.



1187. The effect of an order arresting judgment, in a felony case,
is to place the defendant in the same situation in which the
defendant was immediately before the indictment was found or
information filed. In a misdemeanor or infraction case, the effect
is to place the defendant in the situation in which the defendant was
before the trial was had.



1188. If, from the evidence on the trial, there is reason to
believe the defendant guilty, and a new indictment or information can
be framed upon which he may be convicted, the court may order him to
be recommitted to the officer of the proper county, or admitted to
bail anew, to answer the new indictment or information. If the
evidence shows him guilty of another offense, he must be committed or
held thereon, and in neither case shall the verdict be a bar to
another prosecution. But if no evidence appears sufficient to charge
him with any offense, he must, if in custody, be discharged; or if
admitted to bail, his bail is exonerated; or if money has been
deposited instead of bail, it must be refunded to the defendant or to
the person or persons found by the court to have deposited said
money on behalf of said defendant; and the arrest of judgment shall
operate as an acquittal of the charge upon which the indictment or
information was founded.

[هيثم الفقى]

THE JUDGMENT



1191. In a felony case, after a plea, finding, or verdict of
guilty, or after a finding or verdict against the defendant on a plea
of a former conviction or acquittal, or once in jeopardy, the court
shall appoint a time for pronouncing judgment, which shall be within
20 judicial days after the verdict, finding, or plea of guilty,
during which time the court shall refer the case to the probation
officer for a report if eligible for probation and pursuant to
Section 1203. However, the court may extend the time not more than
10 days for the purpose of hearing or determining any motion for a
new trial, or in arrest of judgment, and may further extend the time
until the probation officer's report is received and until any
proceedings for granting or denying probation have been disposed of.
If, in the opinion of the court, there is a reasonable ground for
believing a defendant insane, the court may extend the time for
pronouncing sentence until the question of insanity has been heard
and determined, as provided in this code. If the court orders the
defendant placed in a diagnostic facility pursuant to Section
1203.03, the time otherwise allowed by this section for pronouncing
judgment is extended by a period equal to (1) the number of days
which elapse between the date of the order and the date on which
notice is received from the Director of Corrections advising whether
or not the Department of Corrections will receive the defendant in
the facility, and (2) if the director notifies the court that it will
receive the defendant, the time which elapses until his or her
return to the court from the facility.



1191.1. The victim of any crime, or the parents or guardians of the
victim if the victim is a minor, or the next of kin of the victim if
the victim has died, have the right to attend all sentencing
proceedings under this chapter and shall be given adequate notice by
the probation officer of all sentencing proceedings concerning the
person who committed the crime.
The victim, or up to two of the victim's parents or guardians if
the victim is a minor, or the next of kin of the victim if the victim
has died, have the right to appear, personally or by counsel, at the
sentencing proceeding and to reasonably express his, her, or their
views concerning the crime, the person responsible, and the need for
restitution. The court in imposing sentence shall consider the
statements of victims, parents or guardians, and next of kin made
pursuant to this section and shall state on the record its conclusion
concerning whether the person would pose a threat to public safety
if granted probation.
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.


1191.10. The definition of the term "victim" as used in Section
1191.1 includes any insurer or employer who was the victim of workers'
compensation fraud for the crimes specified in Section 549 of this
code, Sections 2314 and 6152 of the Business and Professions Code,
Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section
3215 of the Labor Code.



1191.15. (a) The court may permit the victim of any crime, or his
or her parent or guardian if the victim is a minor, or the next of
kin of the victim if the victim has died, to file with the court a
written, audiotaped, or videotaped statement, or statement stored on
a CD Rom, DVD, or any other recording medium acceptable to the court,
expressing his or her views concerning the crime, the person
responsible, and the need for restitution, in lieu of or in addition
to the person personally appearing at the time of judgment and
sentence. The court shall consider the statement filed with the
court prior to imposing judgment and sentence.
Whenever an audio or video statement or statement stored on a CD
Rom, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
(b) Whenever a written, audio, or video statement or statement
stored on a CD Rom, DVD, or other medium is filed with the court, it
shall remain sealed until the time set for imposition of judgment and
sentence except that the court, the probation officer, and counsel
for the parties may view and listen to the statement not more than
two court days prior to the date set for imposition of judgment and
sentence.
(c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement submitted to the court under the provisions of this
section.
(d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim or
his or her parent or guardian or the next of kin.
(e) In the event the court permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.



1191.16. The victim of any crime, or the parents or guardians of
the victim if the victim is a minor, or the next of kin of the victim
if the victim has died, who choose to exercise their rights with
respect to sentencing proceedings as described in Section 1191.1 may,
in any case where the defendant is subject to an indeterminate term
of imprisonment, have their statements simultaneously recorded and
preserved by means of videotape, videodisc, or any other means of
preserving audio and video, if they notify the prosecutor in advance
of the sentencing hearing and the prosecutor reasonably is able to
provide the means to record and preserve the statement. If a video
and audio record is developed, that record shall be maintained and
preserved by the prosecution and used in accordance with the
regulations of the Board of Prison Terms at any hearing to review
parole suitability or the setting of a parole date.



1191.2. In providing notice to the victim pursuant to Section
1191.1, the probation officer shall also provide the victim with
information concerning the victim's right to civil recovery against
the defendant, the requirement that the court order restitution for
the victim, the victim's right to receive a copy of the restitution
order from the court and to enforce the restitution order as a civil
judgment, the victim's responsibility to furnish the probation
department, district attorney, and court with information relevant to
his or her losses, and the victim's opportunity to be compensated
from the Restitution Fund if eligible under Article 1 (commencing
with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2
of the Government Code. This information shall be in the form of
written material prepared by the Judicial Council in consultation
with the California Victim Compensation and Government Claims Board,
shall include the relevant sections of the Penal Code, and shall be
provided to each victim for whom the probation officer has a current
mailing address.


1191.21. (a) (1) The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall develop and make available
a "notification of eligibility" card for victims and derivative
victims of crimes as defined in subdivision (c) of Section 13960 of
the Government Code that includes, but is not limited to, the
following information:
"If you have been the victim of a crime that meets the required
definition, you or others may be eligible to receive payment from the
California State Restitution Fund for losses directly resulting from
the crime. To learn about eligibility and receive an application to
receive payments, call the Victims of Crime Program at (800)
777-9229 or call your local county Victim Witness Assistance Center."

(2) At a minimum, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall develop a
template available for downloading on its Internet Web site the
information requested in subdivision (b).
(b) In a case involving a crime as defined in subdivision (c) of
Section 13960 of the Government Code, the law enforcement officer
with primary responsibility for investigating the crime committed
against the victim and the district attorney may provide the
"notification of eligibility" card to the victim and derivative
victim of a crime.
(c) The terms "victim" and "derivative victim" shall be given the
same meaning given those terms in Section 13960 of the Government
Code.


1191.25. The prosecution shall make a good faith attempt to notify
any victim of a crime which was committed by, or is alleged to have
been committed by, an in-custody informant, as defined in subdivision
(a) of Section 1127a, within a reasonable time before the in-custody
informant is called to testify. The notice shall include
information concerning the prosecution's intention to offer the
in-custody informant a modification or reduction in sentence or
dismissal of the case or early parole in exchange for the in-custody
informant's testimony in another case. The notification or attempt
to notify the victim shall be made prior to the commencement of the
trial in which the in-custody informant is to testify where the
intention to call him or her is known at that time, but in no case
shall the notice be made later than the time the in-custody informant
is called to the stand.
Nothing contained in this section is intended to affect the right
of the people and the defendant to an expeditious disposition of a
criminal proceeding, as provided in Section 1050. The victim of any
case alleged to have been committed by the in-custody informant may
exercise his or her right to appear at the sentencing of the
in-custody informant pursuant to Section 1191.1, but the victim shall
not have a right to intervene in the trial in which the in-custody
informant is called to testify.



1191.3. (a) At the time of sentencing or pronouncement of judgment
in which sentencing is imposed, the court shall make an oral
statement that statutory law permits the award of conduct and
worktime credits up to one-third or one-half of the sentence that is
imposed by the court, that the award and calculation of credits is
determined by the sheriff in cases involving imprisonment in county
jails and by the Department of Corrections in cases involving
imprisonment in the state prison, and that credit for presentence
incarceration served by the defendant is calculated by the probation
department under current state law.
As used in this section, "victim" means the victim of the offense,
the victim's parent or guardian if the victim is a minor, or the
victim's next of kin.
(b) The probation officer shall provide a general estimate of the
credits to which the defendant may be entitled for previous time
served, and conduct or worktime credits authorized under Sections
2931, 2933, or 4019, and shall inform the victim pursuant to Section
1191.1. The probation officer shall file this estimate with the
court and it shall become a part of the court record.
(c) This section applies to all felony convictions.



1192. Upon a plea of guilty, or upon conviction by the court
without a jury, of a crime or attempted crime distinguished or
divided into degrees, the court must, before passing sentence,
determine the degree. Upon the failure of the court to so determine,
the degree of the crime or attempted crime of which the defendant is
guilty, shall be deemed to be of the lesser degree.



1192.1. Upon a plea of guilty to an information or indictment
accusing the defendant of a crime or attempted crime divided into
degrees when consented to by the prosecuting attorney in open court
and approved by the court, such plea may specify the degree thereof
and in such event the defendant cannot be punished for a higher
degree of the crime or attempted crime than the degree specified.



1192.2. Upon a plea of guilty before a committing magistrate as
provided in Section 859a, to a crime or attempted crime divided into
degrees, when consented to by the prosecuting attorney in open court
and approved by such magistrate, such plea may specify the degree
thereof and in such event, the defendant cannot be punished for a
higher degree of the crime or attempted crime than the degree
specified.



1192.3. (a) A plea of guilty or nolo contendere to an accusatory
pleading charging a public offense, other than a felony specified in
Section 1192.5 or 1192.7, which public offense did not result in
damage for which restitution may be ordered, made on the condition
that charges be dismissed for one or more public offenses arising
from the same or related course of conduct by the defendant which did
result in damage for which restitution may be ordered, may specify
the payment of restitution by the defendant as a condition of the
plea or any probation granted pursuant thereto, so long as the plea
is freely and voluntarily made, there is factual basis for the plea,
and the plea and all conditions are approved by the court.
(b) If restitution is imposed which is attributable to a count
dismissed pursuant to a plea bargain, as described in this section,
the court shall obtain a waiver pursuant to People v. Harvey (1979)
25 Cal. 3d 754 from the defendant as to the dismissed count.



1192.4. If the defendant's plea of guilty pursuant to Section
1192.1 or 1192.2 is not accepted by the prosecuting attorney and
approved by the court, the plea shall be deemed withdrawn and the
defendant may then enter such plea or pleas as would otherwise have
been available. The plea so withdrawn may not be received in
evidence in any criminal, civil, or special action or proceeding of
any nature, including proceedings before agencies, commissions,
boards, and tribunals.


1192.5. Upon a plea of guilty or nolo contendere to an accusatory
pleading charging a felony, other than a violation of paragraph (2),
(3), or (6) of subdivision (a) of Section 261, paragraph (1) or (4)
of subdivision (a) of Section 262, Section 264.1, Section 286 by
force, violence, duress, menace or threat of great bodily harm,
subdivision (b) of Section 288, Section 288a by force, violence,
duress, menace or threat of great bodily harm, or subdivision (a) of
Section 289, the plea may specify the punishment to the same extent
as it may be specified by the jury on a plea of not guilty or fixed
by the court on a plea of guilty, nolo contendere, or not guilty, and
may specify the exercise by the court thereafter of other powers
legally available to it.
Where the plea is accepted by the prosecuting attorney in open
court and is approved by the court, the defendant, except as
otherwise provided in this section, cannot be sentenced on the plea
to a punishment more severe than that specified in the plea and the
court may not proceed as to the plea other than as specified in the
plea.
If the court approves of the plea, it shall inform the defendant
prior to the making of the plea that (1) its approval is not binding,
(2) it may, at the time set for the hearing on the application for
probation or pronouncement of judgment, withdraw its approval in the
light of further consideration of the matter, and (3) in that case,
the defendant shall be permitted to withdraw his or her plea if he or
she desires to do so. The court shall also cause an inquiry to be
made of the defendant to satisfy itself that the plea is freely and
voluntarily made, and that there is a factual basis for the plea.
If the plea is not accepted by the prosecuting attorney and
approved by the court, the plea shall be deemed withdrawn and the
defendant may then enter the plea or pleas as would otherwise have
been available.
If the plea is withdrawn or deemed withdrawn, it may not be
received in evidence in any criminal, civil, or special action or
proceeding of any nature, including proceedings before agencies,
commissions, boards, and tribunals.



1192.6. (a) In each felony case in which the charges contained in
the original accusatory pleading are amended or dismissed, the record
shall contain a statement explaining the reason for the amendment or
dismissal.
(b) In each felony case in which the prosecuting attorney seeks a
dismissal of a charge in the complaint, indictment, or information,
he or she shall state the specific reasons for the dismissal in open
court, on the record.
(c) When, upon a plea of guilty or nolo contendere to an
accusatory pleading charging a felony, whether or not that plea is
entered pursuant to Section 1192.5, the prosecuting attorney
recommends what punishment the court should impose or how it should
exercise any of the powers legally available to it, the prosecuting
attorney shall state the specific reasons for the recommendation in
open court, on the record. The reasons for the recommendation shall
be transcribed and made part of the court file.


1192.7. (a) (1) It is the intent of the Legislature that district
attorneys prosecute violent *** crimes under statutes that provide
sentencing under a "one strike," "three strikes" or habitual ***
offender statute instead of engaging in plea bargaining over those
offenses.
(2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
(3) If the indictment or information charges the defendant with a
violent *** crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under Sections 269, 288.7, subdivisions (b)
through (i) of Section 667, Section 667.61, or 667.71, plea
bargaining is prohibited unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the
record why a sentence under one of those sections was not sought.
(b) As used in this section "plea bargaining" means any
bargaining, negotiation, or discussion between a criminal defendant,
or his or her counsel, and a prosecuting attorney or judge, whereby
the defendant agrees to plead guilty or nolo contendere, in exchange
for any promises, commitments, concessions, assurances, or
consideration by the prosecuting attorney or judge relating to any
charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the
following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under 14 years of age; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in a state prison; (22) attempt to commit a felony
punishable by death or imprisonment in the state prison for life;
(23) any felony in which the defendant personally used a dangerous or
deadly weapon; (24) selling, furnishing, administering, giving, or
offering to sell, furnish, administer, or give to a minor any heroin,
cocaine, phencyclidine (PCP), or any methamphetamine-related drug,
as described in paragraph (2) of subdivision (d) of Section 11055 of
the Health and Safety Code, or any of the precursors of
methamphetamines, as described in subparagraph (A) of paragraph (1)
of subdivision (f) of Section 11055 or subdivision (a) of Section
11100 of the Health and Safety Code; (25) any violation of
subdivision (a) of Section 289 where the act is accomplished against
the victim's will by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
(26) grand theft involving a firearm; (27) carjacking; (28) any
felony offense, which would also constitute a felony violation of
Section 186.22; (29) assault with the intent to commit mayhem, rape,
sodomy, or oral copulation, in violation of Section 220; (30)
throwing acid or flammable substances, in violation of Section 244;
(31) assault with a deadly weapon, firearm, machinegun, assault
weapon, or semiautomatic firearm or assault on a peace officer or
firefighter, in violation of Section 245; (32) assault with a deadly
weapon against a public transit employee, custodial officer, or
school employee, in violation of Sections 245.2, 245.3, or 245.5;
(33) discharge of a firearm at an inhabited dwelling, vehicle, or
aircraft, in violation of Section 246; (34) commission of rape or
***ual penetration in concert with another person, in violation of
Section 264.1; (35) continuous ***ual abuse of a child, in violation
of Section 288.5; (36) shooting from a vehicle, in violation of
subdivision (c) or (d) of Section 12034; (37) intimidation of victims
or witnesses, in violation of Section 136.1; (38) criminal threats,
in violation of Section 422; (39) any attempt to commit a crime
listed in this subdivision other than an assault; (40) any violation
of Section 12022.53; (41) a violation of subdivision (b) or (c) of
Section 11418; and (42) any conspiracy to commit an offense described
in this subdivision.
(d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
As used in this subdivision, the following terms have the
following meanings:
(1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
(2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
(3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union administration.
(e) 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.



1192.8. (a) For purposes of subdivision (c) of Section 1192.7,
"serious felony" also means any violation of Section 191.5, paragraph
(1) of subdivision (c) of Section 192, subdivision (a), (b), or (c)
of Section 192.5 of this code, or Section 2800.3, subdivision (b) of
Section 23104, or Section 23153 of the Vehicle Code, when any of
these offenses involve the personal infliction of great bodily injury
on any person other than an accomplice, or the personal use of a
dangerous or deadly weapon, within the meaning of paragraph (8) or
(23) of subdivision (c) of Section 1192.7.
(b) It is the intent of the Legislature, in enacting subdivision
(a), to codify the court decisions of People v. Gonzales, 29 Cal.
App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to
clarify that the crimes specified in subdivision (a) have always
been, and continue to be, serious felonies within the meaning of
subdivision (c) of Section 1192.7.


1193. Judgment upon persons convicted of commission of crime shall
be pronounced as follows:
(a) If the conviction is for a felony, the defendant shall be
personally present when judgment is pronounced against him or her,
unless the defendant, in open court and on the record, or in a
notarized writing, requests that judgment be pronounced against him
or her in his or her absence, and that he or she be represented by an
attorney when judgment is pronounced, and the court approves his or
her absence during the pronouncement of judgment, or unless, after
the exercise of reasonable diligence to procure the presence of the
defendant, the court shall find that it will be in the interest of
justice that judgment be pronounced in his or her absence; provided,
that when any judgment imposing the death penalty has been affirmed
by the appellate court, sentence may be reimposed upon the defendant
in his or her absence by the court from which the appeal was taken,
and in the following manner: upon receipt by the superior court from
which the appeal is taken of the certificate of the appellate court
affirming the judgment, the judge of the superior court shall
forthwith make and cause to be entered an order pronouncing sentence
against the defendant, and a warrant signed by the judge, and
attested by the clerk under the seal of the court, shall be drawn,
and it shall state the conviction and judgment and appoint a day upon
which the judgment shall be executed, which shall not be less than
60 days nor more than 90 days from the time of making the order; and
that, within five days thereafter, a certified copy of the order,
attested by the clerk under the seal of the court, and attached to
the warrant, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant and certified copies thereof shall be transmitted by
registered mail to the Governor; and provided further, that when any
judgment imposing the death penalty has been affirmed and sentence
has been reimposed as above provided there shall be no appeal from
the order fixing the time for and directing the execution of the
judgment as herein provided. If a pro se defendant requests that
judgment in a noncapital case be pronounced against him or her in his
or her absence, the court shall appoint an attorney to represent the
defendant in the in absentia sentencing.
(b) If the conviction be of a misdemeanor, judgment may be
pronounced against the defendant in his absence.



1194. When the defendant is in custody, the Court may direct the
officer in whose custody he is to bring him before it for judgment,
and the officer must do so.



1195. If the defendant has been released on bail, or has deposited
money or property instead thereof, and does not appear for judgment
when his personal appearance is necessary, the court, in addition to
the forfeiture of the undertaking of bail, or of the money or
property deposited, must, on application of the prosecuting attorney,
direct the issuance of a bench warrant for the arrest of the
defendant.
If the defendant, who is on bail, does appear for judgment and
judgment is pronounced upon him or probation is granted to him, then
the bail shall be exonerated or, if money or property has been
deposited instead of bail, it must be returned to the defendant or to
the person or persons found by the court to have deposited said
money or property on behalf of said defendant.



1196. (a) The clerk must, at any time after the order, issue a
bench warrant into one or more counties.
(b) The clerk shall require the appropriate agency to enter each
bench warrant issued on a private surety-bonded felony case into the
national warrant system (National Crime Information Center (NCIC)).
If the appropriate agency fails to enter the bench warrant into the
national warrant system (NCIC), and the court finds that this failure
prevented the surety or bond agent from surrendering the fugitive
into custody, prevented the fugitive from being arrested or taken
into custody, or resulted in the fugitive's subsequent release from
custody, the court having jurisdiction over the bail shall, upon
petition, set aside the forfeiture of the bond and declare all
liability on the bail bond to be exonerated.



1197. The bench warrant must be substantially in the following
form:

County of ____
The people of the State of California to any peace officer in this
State: ______ (name of defendant) having been on the ____ day of
____, 19_, duly convicted in the ____ court of ____ (naming the
court) of the crime of ____ (designating it generally), you are
therefore commanded forthwith to arrest the above named defendant and
bring him before that court for judgment.
Given under my hand with the seal of said court affixed, this ____
day of ____, 19_.
By order of said court. ____________________ (SEAL)
Clerk (or Judge, or Justice)




1198. The bench warrant may be served in any county in the same
manner as a warrant of arrest.



1199. Whether the bench warrant is served in the county in which it
was issued or in another county, the officer must arrest the
defendant and bring him before the court, or deliver him to any peace
officer of the county from which the warrant issued, who must bring
him before said court according to the command thereof.




1200. When the defendant appears for judgment he must be informed
by the Court, or by the Clerk, under its direction, of the nature of
the charge against him and of his plea, and the verdict, if any
thereon, and must be asked whether he has any legal cause to show why
judgment should not be pronounced against him.



1201. He or she may show, for cause against the judgment:
(a) That he or she is insane; and if, in the opinion of the court,
there is reasonable ground for believing him or her insane, the
question of insanity shall be tried as provided in Chapter 6
(commencing with Section 1367) of Title 10 of Part 2. If, upon the
trial of that question, the jury finds that he or she is sane,
judgment shall be pronounced, but if they find him or her insane, he
or she shall be committed to the state hospital for the care and
treatment of the insane, until he or she becomes sane; and when
notice is given of that fact, as provided in Section 1372, he or she
shall be brought before the court for judgment.
(b) That he or she has good cause to offer, either in arrest of
judgment or for a new trial; in which case the court may, in its
discretion, order the judgment to be deferred, and proceed to decide
upon the motion in arrest of judgment or for a new trial.




1201.5. Any motions made subsequent to judgment must be made only
upon written notice served upon the prosecution at least three days
prior to the date of hearing thereon. No affidavit or other writing
shall be presented or considered in support thereof unless a copy of
the same has been duly served upon the prosecution at least three
days prior to a hearing thereon. Any appeal from an order entered
upon a motion made other than as herein provided, must be dismissed
by the court.



1202. If no sufficient cause is alleged or appears to the court at
the time fixed for pronouncing judgment, as provided in Section 1191,
why judgment should not be pronounced, it shall thereupon be
rendered; and if not rendered or pronounced within the time so fixed
or to which it is continued under the provisions of Section 1191,
then the defendant shall be entitled to a new trial. If the court
shall refuse to hear a defendant's motion for a new trial or when
made shall neglect to determine such motion before pronouncing
judgment or the making of an order granting probation, then the
defendant shall be entitled to a new trial.


1202a. If the judgment is for imprisonment in the state prison the
judgment shall direct that the defendant be delivered into the
custody of the Director of Corrections at the state prison or
institution designated by the Director of Corrections as the place
for the reception of persons convicted of felonies, except where the
judgment is for death in which case the defendant shall be taken to
the warden of the California State Prison at San Quentin.
Unless a different place or places are so designated by the
Director of Corrections, the judgment shall direct that the defendant
be delivered into the custody of the Director of Corrections at the
California State Prison at San Quentin. The Director of Corrections
shall designate a place or places for the reception of persons
convicted of felonies by order, which order or orders shall be served
by registered mail, return receipt requested, upon each judge of
each superior court in the state. The Director of Corrections may
change the place or places of commitment by the issuance of a new
order. Nothing contained in this section affects any provision of
Section 3400.



1202.05. (a) Whenever a person is sentenced to the state prison on
or after January 1, 1993, for violating Section 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289, and the victim of one or more of
those offenses is a child under the age of 18 years, the court shall
prohibit all visitation between the defendant and the child victim.
The court's order shall be transmitted to the Department of
Corrections, to the parents, adoptive parents, or guardians, or a
combination thereof, of the child victim, and to the child victim.
If any parent, adoptive parent, or legal guardian of the child
victim, or the child victim objects to the court's order, he or she
may request a hearing on the matter. Any request for a hearing on
the matter filed with the sentencing court shall be referred to the
appropriate juvenile court pursuant to Section 362.6 of the Welfare
and Institutions Code.
(b) The Department of Corrections is authorized to notify the
sentencing court of persons who were sentenced to the state prison
prior to January 1, 1993, for violating Section 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289, when the victim of one or more of
those offenses was a child under the age of 18 years.
Upon notification by the department pursuant to this subdivision,
the sentencing court shall prohibit all visitation between the
defendant and the child victim, according to the procedures specified
in subdivision (a).



1202.1. (a) Notwithstanding Sections 120975 and 120990 of the
Health and Safety Code, the court shall order every person who is
convicted of, or adjudged by the court to be a person described by
Section 601 or 602 of the Welfare and Institutions Code as provided
in Section 725 of the Welfare and Institutions Code by reason of a
violation of, a ***ual offense listed in subdivision (e), whether or
not a sentence or fine is imposed or probation is granted, to submit
to a blood or oral mucosal transudate saliva test for evidence of
antibodies to the probable causative agent of acquired immune
deficiency syndrome (AIDS) within 180 days of the date of conviction.
Each person tested under this section shall be informed of the
results of the blood or oral mucosal transudate saliva test.
(b) Notwithstanding Section 120980 of the Health and Safety Code,
the results of the blood or oral mucosal transudate saliva test to
detect antibodies to the probable causative agent of AIDS shall be
transmitted by the clerk of the court to the Department of Justice
and the local health officer.
(c) Notwithstanding Section 120980 of the Health and Safety Code,
the Department of Justice shall provide the results of a test or
tests as to persons under investigation or being prosecuted under
Section 647f or 12022.85, if the results are on file with the
department, to the defense attorney upon request and the results also
shall be available to the prosecuting attorney upon request for the
purpose of either preparing counts for a subsequent offense under
Section 647f or sentence enhancement under Section 12022.85 or
complying with subdivision (d).
(d) (1) In every case in which a person is convicted of a ***ual
offense listed in subdivision (e) or adjudged by the court to be a
person described by Section 601 or 602 of the Welfare and
Institutions Code as provided in Section 725 of the Welfare and
Institutions Code by reason of the commission of a ***ual offense
listed in subdivision (e), the prosecutor or the prosecutor's
victim-witness assistance bureau shall advise the victim of his or
her right to receive the results of the blood or oral mucosal
transudate saliva test performed pursuant to subdivision (a). The
prosecutor or the prosecutor's victim-witness assistance bureau shall
refer the victim to the local health officer for counseling to
assist him or her in understanding the extent to which the particular
circumstances of the crime may or may not have placed the victim at
risk of transmission of the human immunodeficiency virus (HIV) from
the accused, to ensure that the victim understands the limitations
and benefits of current tests for HIV, and to assist the victim in
determining whether he or she should make the request.
(2) Notwithstanding any other law, upon the victim's request, the
local health officer shall be responsible for disclosing test results
to the victim who requested the test and the person who was tested.
However, as specified in subdivision (g), positive test results
shall not be disclosed to the victim or the person who was tested
without offering or providing professional counseling appropriate to
the circumstances as follows:
(A) To help the victim understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the perpetrator.
(B) To ensure that the victim understands both the benefits and
limitations of the current tests for HIV.
(C) To obtain referrals to appropriate health care and support
services.
(e) For purposes of this section, "***ual offense" includes any of
the following:
(1) Rape in violation of Section 261 or 264.1.
(2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5 or 266c.
(3) Rape of a spouse in violation of Section 262 or 264.1.
(4) Sodomy in violation of Section 266c or 286.
(5) Oral copulation in violation of Section 266c or 288a.
(6) (A) Any of the following offenses if the court finds that
there is probable cause to believe that blood, semen, or any other
bodily fluid capable of transmitting HIV has been transferred from
the defendant to the victim:
(i) ***ual penetration in violation of Section 264.1, 266c, or
289.
(ii) Aggravated ***ual assault of a child in violation of Section
269.
(iii) Lewd or lascivious conduct with a child in violation of
Section 288.
(iv) Continuous ***ual abuse of a child in violation of Section
288.5.
(v) The attempt to commit any offense described in clauses (i) to
(iv), inclusive.
(B) For purposes of this paragraph, the court shall note its
finding on the court docket and minute order if one is prepared.
(f) Any blood or oral mucosal transudate saliva tested pursuant to
subdivision (a) shall be subjected to appropriate confirmatory tests
to ensure accuracy of the first test results, and under no
circumstances shall test results be transmitted to the victim or the
person who is tested unless any initially reactive test result has
been confirmed by appropriate confirmatory tests for positive
reactors.
(g) The local health officer shall be responsible for disclosing
test results to the victim who requested the test and the person who
was tested. However, positive test results shall not be disclosed to
the victim or the person who was tested without offering or
providing professional counseling appropriate to the circumstances.
(h) The local health officer and the victim shall comply with all
laws and policies relating to medical confidentiality, subject to the
disclosure authorized by subdivisions (g) and (i).
(i) Any victim who receives information from the local health
officer pursuant to subdivision (g) may disclose the information as
he or she deems necessary to protect his or her health and safety or
the health and safety of his or her family or ***ual partner.
(j) Any person who transmits test results or discloses information
pursuant to this section shall be immune from civil liability for
any action taken in compliance with this section.



1202.4. (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
(2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
(3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
(b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
(1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
(2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
(c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution fine. Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the two
hundred-dollar ($200) or one hundred-dollar ($100) minimum. The court
may specify that funds confiscated at the time of the defendant's
arrest, except for funds confiscated pursuant to Section 11469 of the
Health and Safety Code, be applied to the restitution fine if the
funds are not exempt for spousal or child support or subject to any
other legal exemption.
(d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two hundred-dollar ($200) or one hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime. Those losses may include pecuniary losses to the victim or his
or her dependents as well as intangible losses, such as
psychological harm caused by the crime. Consideration of a defendant'
s inability to pay may include his or her future earning capacity. A
defendant shall bear the burden of demonstrating his or her inability
to pay. Express findings by the court as to the factors bearing on
the amount of the fine shall not be required. A separate hearing for
the fine shall not be required.
(e) The restitution fine shall not be subject to penalty
assessments authorized in Section 1464 or Chapter 12 (commencing with
Section 76000) of Title 8 of the Government Code, or the state
surcharge authorized in Section 1465.7, and shall be deposited in the
Restitution Fund in the State Treasury.
(f) Except as provided in subdivision (q), in every case in which
a victim has suffered economic loss as a result of the defendant's
conduct, the court shall require that the defendant make restitution
to the victim or victims in an amount established by court order,
based on the amount of loss claimed by the victim or victims or any
other showing to the court. If the amount of loss cannot be
ascertained at the time of sentencing, the restitution order shall
include a provision that the amount shall be determined at the
direction of the court. The court shall order full restitution unless
it finds compelling and extraordinary reasons for not doing so, and
states them on the record. The court may specify that funds
confiscated at the time of the defendant's arrest, except for funds
confiscated pursuant to Section 11469 of the Health and Safety Code,
be applied to the restitution order if the funds are not exempt for
spousal or child support or subject to any other legal exemption.
(1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court may
modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant. If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
(2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party. Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victim Compensation
Program pursuant to Chapter 5 (commencing with Section 13950) of
Part 4 of Division 3 of Title 2 of the Government Code.
(3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
(B) Medical expenses.
(C) Mental health counseling expenses.
(D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include any commission income as well as any
base wages. Commission income shall be established by evidence of
commission income during the 12-month period prior to the date of the
crime for which restitution is being ordered, unless good cause for
a shorter time period is shown.
(E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include any
commission income as well as any base wages. Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
(F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
(G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
(H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
(I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items. Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
(J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
(K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
(4) (A) If, as a result of the defendant's conduct, the
Restitution Fund has provided assistance to or on behalf of a victim
or derivative victim pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code, the
amount of assistance provided shall be presumed to be a direct
result of the defendant's criminal conduct and shall be included in
the amount of the restitution ordered.
(B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the California
Victim Compensation and Government Claims Board reflecting the amount
paid by the board and whether the services for which payment was
made were for medical or dental expenses, funeral or burial expenses,
mental health counseling, wage or support losses, or rehabilitation.
Certified copies of these bills provided by the board and redacted
to protect the privacy and safety of the victim or any legal
privilege, together with a statement made under penalty of perjury by
the custodian of records that those bills were submitted to and were
paid by the board, shall be sufficient to meet this requirement.
(C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the board to the defendant
only after reviewing that information in camera and finding that the
information is necessary for the defendant to dispute the amount of
the restitution order.
(5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered. The financial disclosure
statements shall be made available to the victim and the board
pursuant to Section 1214. The disclosure shall be signed by the
defendant upon a form approved or adopted by the Judicial Council for
the purpose of facilitating the disclosure. Any defendant who
willfully states as true any material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty.
(6) A defendant who fails to file the financial disclosure
required in paragraph (5), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f). The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.
(7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court. The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
(8) In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
(A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
(B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
(C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
(9) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (5) as any of the
following:
(A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
(B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
(C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.

(D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
(10) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence. In appropriate
cases, the court may do any of the following:
(A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
(B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
(C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (5) as
a condition of probation or suspended sentence.
(11) If a defendant has any remaining unpaid balance on a
restitution order or fine 120 days prior to his or her scheduled
release from probation or 120 days prior to his or her completion of
a conditional sentence, the defendant shall prepare and file a new
and updated financial disclosure identifying all assets, income, and
liabilities in which the defendant holds or controls or has held or
controlled a present or future interest during the defendant's period
of probation or conditional sentence. The financial disclosure shall
be made available to the victim and the board pursuant to Section
1214. The disclosure shall be signed and prepared by the defendant on
the same form as described in paragraph (5). Any defendant who
willfully states as true any material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty. The
financial disclosure required by this paragraph shall be filed with
the clerk of the court no later than 90 days prior to the defendant's
scheduled release from probation or completion of the defendant's
conditional sentence.
(g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall not
be considered a compelling and extraordinary reason not to impose a
restitution order, nor shall inability to pay be a consideration in
determining the amount of a restitution order.
(h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

(i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
(j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
(k) For purposes of this section, "victim" shall include all of
the following:
(1) The immediate surviving family of the actual victim.
(2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
(3) Any person who has sustained economic loss as the result of a
crime and who satisfies any of the following conditions:
(A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in subparagraph (A).
(D) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(E) Is the primary caretaker of a minor victim.
(4) Any person who is eligible to receive assistance from the
Restitution Fund pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
(m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
(n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required. Upon revocation
of probation, the court shall impose restitution pursuant to this
section.
(o) The provisions of Section 13963 of the Government Code shall
apply to restitution imposed pursuant to this section.
(p) The court clerk shall notify the California Victim
Compensation and Government Claims Board within 90 days of an order
of restitution being imposed if the defendant is ordered to pay
restitution to the board due to the victim receiving compensation
from the Restitution Fund. Notification shall be accomplished by
mailing a copy of the court order to the board, which may be done
periodically by bulk mail or electronic mail.
(q) Upon conviction for a violation of Section 236.1, the court
shall, in addition to any other penalty or restitution, order the
defendant to pay restitution to the victim in any case in which a
victim has suffered economic loss as a result of the defendant's
conduct. The court shall require that the defendant make restitution
to the victim or victims in an amount established by court order,
based on the amount of loss claimed by the victim or victims or any
other showing to the court. In determining restitution pursuant to
this section, the court shall base its order upon the greater of the
following: the gross value of the victim's labor or services based
upon the comparable value of similar services in the labor market in
which the offense occurred, or the value of the victim's labor as
guaranteed under California law, or the actual income derived by the
defendant from the victim's labor or services or any other
appropriate means to provide reparations to the victim.



1202.41. (a) (1) Notwithstanding Section 977 or any other law, if a
defendant is currently incarcerated in a state prison with two-way
audiovideo communication capability, the Department of Corrections,
at the request of the California Victim Compensation and Government
Claims Board, may collaborate with a court in any county to arrange
for a hearing to impose or amend a restitution order, if the victim
has received assistance pursuant to Article 5 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
defendant's physical presence in the courtroom, provided the county
has agreed to make the necessary equipment available.
(2) Nothing in this subdivision shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
(3) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the Department of
Corrections shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for the defendant
shall not be required to be physically present at the institution
during the hearing via electronic audiovideo communication. Nothing
in this subdivision shall be construed to prohibit the physical
presence of the defense counsel with the defendant at the state
prison.
(b) If an inmate who is not incarcerated in a state prison with
two-way audiovideo communication capability or ward does not waive
his or her right to attend a restitution hearing for the amendment of
a restitution order, the California Victim Compensation and
Government Claims Board shall determine if the cost of holding the
hearing is justified. If the board determines that the cost of
holding the hearing is not justified, the amendment of the
restitution order affecting that inmate or ward shall not be pursued
at that time.
(c) Nothing in this section shall be construed to prohibit an
individual or district attorney's office from independently pursuing
the imposition or amendment of a restitution order that may result in
a hearing, regardless of whether the victim has received assistance
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code.



1202.42. Upon entry of a restitution order under subdivision (c) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, paragraph (3) of subdivision (a) of Section
1202.4 of this code, or Section 1203.04 as operative on or before
August 2, 1995, the following shall apply:
(a) The court shall enter a separate order for income deduction
upon determination of the defendant's ability to pay, regardless of
the probation status, in accordance with Section 1203. Determination
of a defendant's ability to pay may include his or her future
earning capacity. A defendant shall bear the burden of demonstrating
lack of his or her ability to pay. Express findings by the court as
to the factors bearing on the amount of the fine shall not be
required.
(b) (1) In any case in which the court enters a separate order for
income deduction under this section, the order shall be stayed until
the agency in the county responsible for collection of restitution
determines that the defendant has failed to meet his or her
obligation under the restitution order and the defendant has not
provided the agency with good cause for the failure in accordance
with paragraph (2).
(2) If the agency responsible for collection of restitution
receives information that the defendant has failed to meet his or her
obligation under the restitution order, the agency shall request the
defendant to provide evidence indicating that timely payments have
been made or provide information establishing good cause for the
failure. If the defendant fails to either provide the agency with
the evidence or fails to establish good cause within five days of the
request, the agency shall immediately inform the defendant of that
fact, and shall inform the clerk of the court in order that an income
deduction order will be served pursuant to subdivision (f) following
a 15-day appeal period. The defendant may apply for a hearing to
contest the lifting of the stay pursuant to subdivision (f).
(c) The income deduction order shall direct a payer to deduct from
all income due and payable to the defendant the amount required by
the court to meet the defendant's obligation.
(d) The income deduction order shall be effective so long as the
order for restitution upon which it is based is effective or until
further order of the court.
(e) When the court orders the income deduction, the court shall
furnish to the defendant a statement of his or her rights, remedies,
and duties in regard to the income deduction order. The statement
shall state all of the following:
(1) All fees or interest that will be imposed.
(2) The total amount of income to be deducted for each pay period.

(3) That the income deduction order applies to current and
subsequent payers and periods of employment.
(4) That a copy of the income deduction order will be served on
the defendant's payer or payers.
(5) That enforcement of the income deduction order may only be
contested on the ground of mistake of fact regarding the amount of
restitution owed.
(6) That the defendant is required to notify the clerk of the
court within seven days after changes in the defendant's address,
payers, and the addresses of his or her payers.
(7) That the court order will be stayed in accordance with
subdivision (b) and that a hearing is available in accordance with
subdivision (f).
(f) (1) Upon receiving the notice described in paragraph (2) of
subdivision (b), the clerk of the court or officer of the agency
responsible for collection of restitution shall serve an income
deduction order and the notice to payer on the defendant's payer
unless the defendant has applied for a hearing to contest the
enforcement of the income deduction order.
(2) (A) Service by or upon any person who is a party to a
proceeding under this section shall be made in the manner prescribed
for service upon parties in a civil action.
(B) Service upon the defendant's payer or successor payer under
this section shall be made by prepaid certified mail, return receipt
requested.
(3) The defendant, within 15 days after being informed that the
order staying the income deduction order will be lifted, may apply
for a hearing to contest the enforcement of the income deduction
order on the ground of mistake of fact regarding the amount of
restitution owed or on the ground that the defendant has established
good cause for the nonpayment. The timely request for a hearing
shall stay the service of an income deduction order on all payers of
the defendant until a hearing is held and a determination is made as
to whether the enforcement of the income deduction order is proper.
(4) The notice to any payer required by this subdivision shall
contain only information necessary for the payer to comply with the
income deduction order. The notice shall do all of the following:
(A) Require the payer to deduct from the defendant's income the
amount specified in the income deduction order, and to pay that
amount to the clerk of the court.
(B) Instruct the payer to implement the income deduction order no
later than the first payment date that occurs more than 14 days after
the date the income deduction order was served on the payer.
(C) Instruct the payer to forward, within two days after each
payment date, to the clerk of the court the amount deducted from the
defendant's income and a statement as to whether the amount totally
or partially satisfies the periodic amount specified in the income
deduction order.
(D) Specify that if a payer fails to deduct the proper amount from
the defendant's income, the payer is liable for the amount the payer
should have deducted, plus costs, interest, and reasonable attorney'
s fees.
(E) Provide that the payer may collect up to five dollars ($5)
against the defendant's income to reimburse the payer for
administrative costs for the first income deduction and up to one
dollar ($1) for each deduction thereafter.
(F) State that the income deduction order and the notice to payer
are binding on the payer until further notice by the court or until
the payer no longer provides income to the defendant.
(G) Instruct the payer that, when he or she no longer provides
income to the defendant, he or she shall notify the clerk of the
court and shall also provide the defendant's last known address and
the name and address of the defendant's new payer, if known, and
that, if the payer violates this provision, the payer is subject to a
civil penalty not to exceed two hundred fifty dollars ($250) for the
first violation or five hundred dollars ($500) for any subsequent
violation.
(H) State that the payer shall not discharge, refuse to employ, or
take disciplinary action against the defendant because of an income
deduction order and shall state that a violation of this provision
subjects the payer to a civil penalty not to exceed two hundred fifty
dollars ($250) for the first violation or five hundred dollars
($500) for any subsequent violation.
(I) Inform the payer that when he or she receives income deduction
orders requiring that the income of two or more defendants be
deducted and sent to the same clerk of a court, he or she may combine
the amounts that are to be paid to the depository in a single
payment as long as he or she identifies that portion of the payment
attributable to each defendant.
(J) Inform the payer that if the payer receives more than one
income deduction order against the same defendant, he or she shall
contact the court for further instructions.
(5) The clerk of the court shall enforce income deduction orders
against the defendant's successor payer who is located in this state
in the same manner prescribed in this subdivision for the enforcement
of an income deduction order against a payer.
(6) A person may not discharge, refuse to employ, or take
disciplinary action against an employee because of the enforcement of
an income deduction order. An employer who violates this provision
is subject to a civil penalty not to exceed two hundred fifty dollars
($250) for the first violation or five hundred dollars ($500) for
any subsequent violation.
(7) When a payer no longer provides income to a defendant, he or
she shall notify the clerk of the court and shall provide the
defendant's last known address and the name and address of the
defendant's new payer, if known. A payer who violates this provision
is subject to a civil penalty not to exceed two hundred fifty
dollars ($250) for the first violation or five hundred dollars ($500)
for a subsequent violation.
(g) As used in this section, "good cause" for failure to meet an
obligation or "good cause" for nonpayment means, but shall not be
limited to, any of the following:
(1) That there has been a substantial change in the defendant's
economic circumstances, such as involuntary unemployment, involuntary
cost-of-living increases, or costs incurred as the result of medical
circumstances or a natural disaster.
(2) That the defendant reasonably believes there has been an
administrative error with regard to his or her obligation for
payment.
(3) Any other similar and justifiable reasons.



1202.43. (a) The restitution fine imposed pursuant to subdivision
(a) of Section 13967 of the Government Code, as operative on or
before September 28, 1994, subparagraph (B) of paragraph (2) of
subdivision (a) of Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4 shall be payable to the clerk of the
court, the probation officer, or any other person responsible for the
collection of criminal fines. If the defendant is unable or
otherwise fails to pay that fine in a felony case and there is an
amount unpaid of one thousand dollars ($1,000) or more within 60 days
after the imposition of sentence, or in a case in which probation is
granted, within the period of probation, the clerk of the court,
probation officer, or other person to whom the fine is to be paid
shall forward to the Controller the abstract of judgment along with
any information which may be relevant to the present and future
location of the defendant and his or her assets, if any, and any
verifiable amount which the defendant may have paid to the victim as
a result of the crime.
(b) A restitution fine shall be deemed a debt of the defendant
owing to the state for the purposes of Sections 12418 and 12419.5 of
the Government Code, excepting any amounts the defendant has paid to
the victim as a result of the crime. Upon request by the Controller,
the district attorney of a county or the Attorney General may take
any necessary action to recover amounts owing on a restitution fine.
The amount of the recovery shall be increased by a sum sufficient to
cover any costs incurred by any state or local agency in the
administration of this section. The remedies provided by this
subdivision are in addition to any other remedies provided by law for
the enforcement of a judgment.



1202.44. In every case in which a person is convicted of a crime
and a conditional sentence or a sentence that includes a period of
probation is imposed, the court shall, at the time of imposing the
restitution fine pursuant to subdivision (b) of Section 1202.4,
assess an additional probation revocation restitution fine in the
same amount as that imposed pursuant to subdivision (b) of Section
1202.4. This additional probation revocation restitution fine shall
become effective upon the revocation of probation or of a conditional
sentence, and shall not be waived or reduced by the court, absent
compelling and extraordinary reasons stated on record. Probation
revocation restitution fines shall be deposited in the Restitution
Fund in the State Treasury.



1202.45. In every case where a person is convicted of a crime and
whose sentence includes a period of parole, the court shall at the
time of imposing the restitution fine pursuant to subdivision (b) of
Section 1202.4, assess an additional parole revocation restitution
fine in the same amount as that imposed pursuant to subdivision (b)
of Section 1202.4. This additional parole revocation restitution
fine shall not be subject to penalty assessments authorized by
Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8
of the Government Code, or the state surcharge authorized by Section
1465.7, and shall be suspended unless the person's parole is
revoked. Parole revocation restitution fine moneys shall be deposited
in the Restitution Fund in the State Treasury.



1202.46. Notwithstanding Section 1170, when the economic losses of
a victim cannot be ascertained at the time of sentencing pursuant to
subdivision (f) of Section 1202.4, the court shall retain
jurisdiction over a person subject to a restitution order for
purposes of imposing or modifying restitution until such time as the
losses may be determined. Nothing in this section shall be construed
as prohibiting a victim, the district attorney, or a court on its
own motion from requesting correction, at any time, of a sentence
when the sentence is invalid due to the omission of a restitution
order or fine without a finding of compelling and extraordinary
reasons pursuant to Section 1202.4.



1202.5. (a) In any case in which a defendant is convicted of any of
the offenses enumerated in Section 211, 215, 459, 470, 484, 487,
488, or 594, the court shall order the defendant to pay a fine of ten
dollars ($10) in addition to any other penalty or fine imposed. If
the court determines that the defendant has the ability to pay all or
part of the fine, the court shall set the amount to be reimbursed
and order the defendant to pay that sum to the county in the manner
in which the court believes reasonable and compatible with the
defendant's financial ability. In making a determination of whether
a defendant has the ability to pay, the court shall take into account
the amount of any other fine imposed upon the defendant and any
amount the defendant has been ordered to pay in restitution.
(b) (1) All fines collected pursuant to this section shall be held
in trust by the county collecting them, until transferred to the
local law enforcement agency to be used exclusively for the
jurisdiction where the offense took place. All moneys collected
shall implement, support, and continue local crime prevention
programs.
(2) All amounts collected pursuant to this section shall be in
addition to, and shall not supplant funds received for crime
prevention purposes from other sources.
(c) As used in this section, "law enforcement agency" includes,
but is not limited to, police departments, sheriffs departments, and
probation departments.



1202.51. In any case in which a defendant is convicted of any of
the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or
374.8, the court shall order the defendant to pay a fine of one
hundred dollars ($100) if the conviction is for an infraction or two
hundred dollars ($200) if the conviction is for a misdemeanor, in
addition to any other penalty or fine imposed. If the court
determines that the defendant has the ability to pay all or part of
the fine, the court shall set the amount to be paid and order the
defendant to pay that sum to the city or, if not within a city, the
county, where the violation occurred, to be used for the city's or
county's illegal dumping enforcement program. Notwithstanding any
other provision of law, no state or county penalty, assessment, fee,
or surcharge shall be imposed on the fine ordered under this section.



1202.6. (a) Notwithstanding Sections 120975, 120980, and 120990 of
the Health and Safety Code, upon the first conviction of any person
for a violation of subdivision (b) of Section 647, the court shall,
before sentencing or as a condition of probation, order the defendant
to complete instruction in the causes and consequences of acquired
immune deficiency syndrome (AIDS) pursuant to subdivision (d) and
shall order the defendant to submit to testing for AIDS in accordance
with subdivision (e). In addition, the court shall refer a
defendant, where appropriate, to a program under Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code or to any drug diversion
program, or both.
(b) Upon a second or subsequent conviction of a violation of
subdivision (b) of Section 647, the court shall, before sentencing,
order the defendant to submit to testing for AIDS in accordance with
subdivision (e).
(c) At the sentencing hearing of a defendant ordered to submit to
testing for AIDS pursuant to subdivision (a) or (b), the court shall
furnish the defendant with a copy of the report submitted pursuant to
subdivision (e) and shall direct the clerk to note the receipt of
the report by the defendant in the records of the case.
If the results of the test described in the report are positive,
the court shall make certain that the defendant understands the
nature and meaning of the contents of the report and shall further
advise the defendant of the penalty established in Section 647f for a
subsequent violation of subdivision (b) of Section 647.
(d) The county health officer in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education. The county health officer shall endeavor to select an
agency, or agencies, that currently provide AIDS prevention education
programs to substance abusers or prostitutes. If no agency is
currently providing this education, the county agency responsible for
substance abuse shall develop an AIDS prevention education program
either within the agency or under contract with a community-based,
nonprofit organization in the county. The county health officer
shall forward to the courts a list of agencies selected for purposes
of referral.
An AIDS prevention education program providing services, at a
minimum, shall include details about the transmission of human
immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms
of AIDS or AIDS-related conditions, prevention through avoidance or
cleaning of needles, ***ual practices that constitute high risk, low
risk, and no risk (including abstinence), and resources for
assistance if the person decides to take a test for the etiologic
agent for AIDS and receives a positive test result. The program also
shall include other relevant medical and prevention information as
it becomes available.
(e) The court shall order testing of every defendant as ordered
pursuant to subdivision (a) or (b) for evidence of antibodies to the
probable causative agent of acquired immune deficiency syndrome.
Notwithstanding Section 120980 of the Health and Safety Code, written
copies of the report on the test shall be furnished to both of the
following:
(1) The court in which the defendant is to be sentenced.
(2) The State Department of Health Services.
(f) Except as provided in subdivisions (c) and (g), the reports
required by subdivision (e) shall be confidential.
(g) The State Department of Health Services shall maintain the
confidentiality of the reports received pursuant to subdivision (e),
except that the department shall furnish copies of any report to a
district attorney upon request.


1202.7. The Legislature finds and declares that the provision of
probation services is an essential element in the administration of
criminal justice. The safety of the public, which shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of justice,
including punishment, reintegration of the offender into the
community, and enforcement of conditions of probation; the loss to
the victim; and the needs of the defendant shall be the primary
considerations in the granting of probation. It is the intent of the
Legislature that efforts be made with respect to persons who are
subject to Section 290.011 who are on probation to engage them in
treatment.



1202.8. (a) Persons placed on probation by a court shall be under
the supervision of the county probation officer who shall determine
both the level and type of supervision consistent with the
court-ordered conditions of probation.
(b) Commencing January 1, 2009, every person who has been assessed
with the State Authorized Risk Assessment Tool for *** Offenders
(SARATSO) pursuant to Sections 290.04 to 290.06, inclusive, and who
has a SARATSO risk level of high shall be continuously electronically
monitored while on probation, unless the court determines that such
monitoring is unnecessary for a particular person. The monitoring
device used for these purposes shall be identified as one that
employs the latest available proven effective monitoring technology.
Nothing in this section prohibits probation authorities from using
electronic monitoring technology pursuant to any other provision of
law.
(c) Within 30 days of a court making an order to provide
restitution to a victim or to the Restitution Fund, the probation
officer shall establish an account into which any restitution
payments that are not deposited into the Restitution Fund shall be
deposited.
(d) Beginning January 1, 2009, and every two years thereafter,
each probation department shall report to the Corrections Standard
Authority all relevant statistics and relevant information regarding
on the effectiveness of continuous electronic monitoring of offenders
pursuant to subdivision (b). The report shall include the costs of
monitoring and the recidivism rates of those persons who have been
monitored. The Corrections Standard Authority shall compile the
reports and submit a single report to the Legislature and the
Governor every two years through 2017.


1203. (a) As used in this code, "probation" means the suspension of
the imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer. As used in this code,
"conditional sentence" means the suspension of the imposition or
execution of a sentence and the order of revocable release in the
community subject to conditions established by the court without the
supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is
convicted of a felony and is eligible for probation, before judgment
is pronounced, the court shall immediately refer the matter to a
probation officer to investigate and report to the court, at a
specified time, upon the circumstances surrounding the crime and the
prior history and record of the person, which may be considered
either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and
make a written report to the court of his or her findings and
recommendations, including his or her recommendations as to the
granting or denying of probation and the conditions of probation, if
granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code,
the probation officer shall include in his or her report any
information gathered by a law enforcement agency relating to the
taking of the defendant into custody as a minor, which shall be
considered for purposes of determining whether adjudications of
commissions of crimes as a juvenile warrant a finding that there are
circumstances in aggravation pursuant to Section 1170 or to deny
probation.
(C) If the person was convicted of an offense that requires him or
her to register as a *** offender pursuant to Section 290, the
probation officer's report shall include the results of the
State-Authorized Risk Assessment Tool for *** Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(D) The probation officer shall also include in the report his or
her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a
restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation,
restitution to the victim or to the Restitution Fund and the amount
thereof.
(E) The report shall be made available to the court and the
prosecuting and defense attorneys at least five days, or upon request
of the defendant or prosecuting attorney nine days, prior to the
time fixed by the court for the hearing and determination of the
report, and shall be filed with the clerk of the court as a record in
the case at the time of the hearing. The time within which the
report shall be made available and filed may be waived by written
stipulation of the prosecuting and defense attorneys that is filed
with the court or an oral stipulation in open court that is made and
entered upon the minutes of the court.
(3) At a time fixed by the court, the court shall hear and
determine the application, if one has been made, or, in any case, the
suitability of probation in the particular case. At the hearing, the
court shall consider any report of the probation officer, including
the results of the SARATSO, if applicable, and shall make a statement
that it has considered the report, which shall be filed with the
clerk of the court as a record in the case. If the court determines
that there are circumstances in mitigation of the punishment
prescribed by law or that the ends of justice would be served by
granting probation to the person, it may place the person on
probation. If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections and Rehabilitation at the prison or other institution to
which the person is delivered.
(4) The preparation of the report or the consideration of the
report by the court may be waived only by a written stipulation of
the prosecuting and defense attorneys that is filed with the court or
an oral stipulation in open court that is made and entered upon the
minutes of the court, except that there shall be no waiver unless the
court consents thereto. However, if the defendant is ultimately
sentenced and committed to the state prison, a probation report shall
be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court
shall order the probation officer who makes the probation report to
discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may
either refer the matter to the probation officer for an investigation
and a report or summarily pronounce a conditional sentence. If the
person was convicted of an offense that requires him or her to
register as a *** offender pursuant to Section 290, the court shall
refer the matter to the probation officer for the purpose of
obtaining a report on the results of the State-Authorized Risk
Assessment Tool for *** Offenders administered pursuant to Sections
290.04 to 290.06, inclusive, if applicable, which the court shall
consider. If the case is not referred to the probation officer, in
sentencing the person, the court may consider any information
concerning the person that could have been included in a probation
report. The court shall inform the person of the information to be
considered and permit him or her to answer or controvert the
information. For this purpose, upon the request of the person, the
court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon,
other than a firearm, at the time of the perpetration of the crime
or his or her arrest, any person who has been convicted of arson,
robbery, carjacking, burglary, burglary with explosives, rape with
force or violence, torture, aggravated mayhem, murder, attempt to
commit murder, trainwrecking, kidnapping, escape from the state
prison, or a conspiracy to commit one or more of those crimes and who
was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon
a human being in connection with the perpetration of the crime of
which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has been
convicted.
(4) Any person who has been previously convicted twice in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in
this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as a
felony, any person who has been convicted of burglary with
explosives, rape with force or violence, torture, aggravated mayhem,
murder, attempt to commit murder, trainwrecking, extortion,
kidnapping, escape from the state prison, a violation of Section 286,
288, 288a, or 288.5, or a conspiracy to commit one or more of those
crimes.
(6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense which, if
committed in this state, would have been punishable as a felony, if
he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon
at the time of the perpetration of the previous crime or his or her
arrest for the previous crime, he or she was armed with a weapon at
either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a
human being in connection with the perpetration of the previous
crime.
(C) The person willfully inflicted great bodily injury or torture
in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any
city, county, or other political subdivision who, in the discharge of
the duties of his or her public office or employment, accepted or
gave or offered to accept or give any bribe, embezzled public money,
or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away
phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in
the commission of arson under subdivision (a) of Section 451 or who
intentionally set fire to, burned, or caused the burning of, an
inhabited structure or inhabited property in violation of subdivision
(b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great
bodily injury or causes the death of a human being by the discharge
of a firearm from or at an occupied motor vehicle proceeding on a
public street or highway.
(11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 12020, a machinegun under
Section 12220, or a silencer under Section 12520.
(12) Any person who is convicted of violating Section 8101 of the
Welfare and Institutions Code.
(13) Any person who is described in paragraph (2) or (3) of
subdivision (g) of Section 12072.
(f) When probation is granted in a case which comes within
subdivision (e), the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall
refer the matter to the probation officer for an investigation of the
facts relevant to determination of the amount of a restitution fine
pursuant to subdivision (b) of Section 1202.4 in all cases where the
determination is applicable. The judge, in his or her discretion, may
direct the probation officer to investigate all facts relevant to
the sentencing of the person. Upon that referral, the probation
officer shall immediately investigate the circumstances surrounding
the crime and the prior record and history of the person and make a
written report to the court of his or her findings. The findings
shall include a recommendation of the amount of the restitution fine
as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report
is prepared pursuant to subdivision (b) or (g), the probation
officer may obtain and include in the report a statement of the
comments of the victim concerning the offense. The court may direct
the probation officer not to obtain a statement if the victim has in
fact testified at any of the court proceedings concerning the
offense.
(i) No probationer shall be released to enter another state unless
his or her case has been referred to the Administrator of the
Interstate Probation and Parole Compacts, pursuant to the Uniform Act
for Out-of-State Probationer or Parolee Supervision (Article 3
(commencing with Section 11175) of Chapter 2 of Title 1 of Part 4)
and the probationer has reimbursed the county that has jurisdiction
over his or her probation case the reasonable costs of processing his
or her request for interstate compact supervision. The amount and
method of reimbursement shall be in accordance with Section 1203.1b.

(j) In any court where a county financial evaluation officer is
available, in addition to referring the matter to the probation
officer, the court may order the defendant to appear before the
county financial evaluation officer for a financial evaluation of the
defendant's ability to pay restitution, in which case the county
financial evaluation officer shall report his or her findings
regarding restitution and other court-related costs to the probation
officer on the question of the defendant's ability to pay those
costs.
Any order made pursuant to this subdivision may be enforced as a
violation of the terms and conditions of probation upon willful
failure to pay and at the discretion of the court, may be enforced in
the same manner as a judgment in a civil action, if any balance
remains unpaid at the end of the defendant's probationary period.
(k) Probation shall not be granted to, nor shall the execution of,
or imposition of sentence be suspended for, any person who is
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, or a serious felony, as defined in subdivision (c) of
Section 1192.7, and who was on probation for a felony offense at the
time of the commission of the new felony offense.




1203.01. Immediately after judgment has been pronounced, the judge
and the district attorney, respectively, may cause to be filed with
the clerk of the court a brief statement of their views respecting
the person convicted or sentenced and the crime committed, together
with any reports the probation officer may have filed relative to
the prisoner. The judge and district attorney shall cause those
statements to be filed if no probation officer's report has been
filed. The attorney for the defendant and the law enforcement agency
that investigated the case may likewise file with the clerk of the
court statements of their views respecting the defendant and the
crime of which he or she was convicted. Immediately after the filing
of those statements and reports, the clerk of the court shall mail a
copy thereof, certified by that clerk, with postage prepaid,
addressed to the Department of Corrections at the prison or other
institution to which the person convicted is delivered. Within 60
days after judgment has been pronounced, the clerk shall mail a copy
of the charging documents, the transcript of the proceedings at the
time of the defendant's guilty plea, if the defendant pleaded guilty,
and the transcript of the proceedings at the time of sentencing,
with postage prepaid, to the prison or other institution to which the
person convicted is delivered. The clerk shall also mail a copy of
any statement submitted by the court, district attorney, or law
enforcement agency, pursuant to this section, with postage prepaid,
addressed to the attorney for the defendant, if any, and to the
defendant, in care of the Department of Corrections, and a copy of
any statement submitted by the attorney for the defendant, with
postage prepaid, shall be mailed to the district attorney.



1203.016. (a) Notwithstanding any other provision of law, the board
of supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which minimum security inmates and low-risk offenders committed
to a county jail or other county correctional facility or granted
probation, or inmates participating in a work furlough program, may
voluntarily participate in a home detention program during their
sentence in lieu of confinement in the county jail or other county
correctional facility or program under the auspices of the probation
officer.
(b) The board of supervisors may prescribe reasonable rules and
regulations under which a home detention program may operate. As a
condition of participation in the home detention program, the inmate
shall give his or her consent in writing to participate in the home
detention program and shall in writing agree to comply with the rules
and regulations of the program, including, but not limited to, the
following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
(2) The participant shall admit any person or agent designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
(3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices or
other supervising devices for the purpose of helping to verify his or
her compliance with the rules and regulations of the home detention
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant which is to be used solely for the
purposes of voice identification.
(4) The participant shall agree that the correctional
administrator in charge of the county correctional facility from
which the participant was released may, without further order of the
court, immediately retake the person into custody to serve the
balance of his or her sentence if the electronic monitoring or
supervising devices are unable for any reason to properly perform
their function at the designated place of home detention, if the
person fails to remain within the place of home detention as
stipulated in the agreement, if the person willfully fails to pay
fees to the provider of electronic home detention services, as
stipulated in the agreement, subsequent to the written notification
of the participant that the payment has not been received and that
return to custody may result, or if the person for any other reason
no longer meets the established criteria under this section. A copy
of the agreement shall be delivered to the participant and a copy
retained by the correctional administrator.
(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody to complete the
remainder of the original sentence.
(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person's participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator. The
rules and regulations shall be given to or made available to any
participant upon request.
(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program participation
as an alternative to physical custody. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons removed from program participation shall be notified in
writing of the specific reasons for the denial or removal. The notice
of denial or removal shall include the participant's appeal rights,
as established by program administrative policy.
(e) The court may recommend or refer a person to the correctional
administrator for consideration for placement in the home detention
program. The recommendation or referral of the court shall be given
great weight in the determination of acceptance or denial. At the
time of sentencing or at any time that the court deems it necessary,
the court may restrict or deny the defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of home
detention not later than the expiration of any period of time during
which he or she is authorized to be away from the place of home
detention pursuant to this section and unauthorized departures from
the place of home detention are punishable as provided in Section
4532.
(g) The board of supervisors may prescribe a program
administrative fee to be paid by each home detention participant that
shall be determined according to his or her ability to pay.
Inability to pay all or a portion of the program fees shall not
preclude participation in the program, and eligibility shall not be
enhanced by reason of ability to pay. All program administration and
supervision fees shall be administered in compliance with Section
1208.2.
(h) As used in this section, the following words have the
following meanings:
(1) "Correctional administrator" means the sheriff, probation
officer, or director of the county department of corrections.
(2) "Minimum security inmate" means an inmate who, by established
local classification criteria, would be eligible for placement in a
Type IV local detention facility, as described in Title 15 of the
California Code of Regulations, or for placement into the community
for work or school activities, or who is determined to be a minimum
security risk under a classification plan developed pursuant to
Section 1050 of Title 15 of the California Code of Regulations.
(3) "Low-risk offender" means a probationer, as defined by the
National Institute of Corrections model probation system.
(i) Notwithstanding any other law, the police department of a city
where an office is located to which persons on an electronic
monitoring program report may require the county correctional
administrator to provide information concerning those persons. This
information shall be limited to the name, address, date of birth, and
offense committed by the home detainee. Any information received by
a police department pursuant to this paragraph shall be used only for
the purpose of monitoring the impact of home detention programs on
the community.
(j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board
of supervisors, may administer a home detention program pursuant to
written contracts with appropriate public or private agencies or
entities to provide specified program services. No public or private
agency or entity may operate a home detention program in any county
without a written contract with that county's correctional
administrator. However, this does not apply to the use of electronic
monitoring by the California Department of Corrections or the
Department of the Youth Authority as established in Section 3004. No
public or private agency or entity entering into a contract may
itself employ any person who is in the home detention program.
(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
(3) (A) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and conditions of
the contract entered into with, the correctional administrator.
(B) Each contract shall include, but not be limited to, all of the
following:
(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated by
state correctional agencies and bodies, including the Board of
Corrections, and all statutory provisions and mandates, state and
county, as appropriate and applicable to the operation of home
detention programs and the supervision of sentenced offenders in a
home detention program.
(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may arise from,
or be proximately caused by, acts or omissions of the contractor.
The contract shall provide for annual review by the correctional
administrator to ensure compliance with requirements set by the board
of supervisors and for adjustment of the financial responsibility
requirements if warranted by caseload changes or other factors.
(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
(C) All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations specified
in subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.
(F) Upon the discovery that a private agency or entity with whom
there is a contract is not in compliance pursuant to this paragraph,
the correctional administrator shall give 60 days' notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
(k) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(1) A current liability insurance policy.
(2) A current errors and omissions insurance policy.
(3) A surety bond.



1203.017. (a) Notwithstanding any other provision of law, upon
determination by the correctional administrator that conditions in a
jail facility warrant the necessity of releasing sentenced
misdemeanor inmates prior to them serving the full amount of a given
sentence due to lack of jail space, the board of supervisors of any
county may authorize the correctional administrator to offer a
program under which inmates committed to a county jail or other
county correctional facility or granted probation, or inmates
participating in a work furlough program, may be required to
participate in an involuntary home detention program, which shall
include electronic monitoring, during their sentence in lieu of
confinement in the county jail or other county correctional facility
or program under the auspices of the probation officer. Under this
program, one day of participation shall be in lieu of one day of
incarceration. Participants in the program shall receive any
sentence reduction credits that they would have received had they
served their sentences in a county correctional facility.
(b) The board of supervisors may prescribe reasonable rules and
regulations under which an involuntary home detention program may
operate. The inmate shall be informed in writing that he or she
shall comply with the rules and regulations of the program,
including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.
(2) The participant shall admit any peace officer designated by
the correctional administrator into his or her residence at any time
for purposes of verifying the participant's compliance with the
conditions of his or her detention.
(3) The use of electronic monitoring may include global
positioning system devices or other supervising devices for the
purpose of helping to verify his or her compliance with the rules and
regulations of the home detention program. The devices shall not be
used to eavesdrop or record any conversation, except a conversation
between the participant and the person supervising the participant
which is to be used solely for the purposes of voice identification.

(4) The correctional administrator in charge of the county
correctional facility from which the participant was released may,
without further order of the court, immediately retake the person
into custody to serve the balance of his or her sentence if the
electronic monitoring or supervising devices are unable for any
reason to properly perform their function at the designated place of
home detention, if the person fails to remain within the place of
home detention as stipulated in the agreement, or if the person for
any other reason no longer meets the established criteria under this
section.
(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the correctional administrator, and without
a warrant of arrest, retake the person into custody to complete the
remainder of the original sentence.
(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person's participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.
(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator. The
rules and regulations shall be given to or made available to any
participant upon request.
(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program participation
as an alternative to physical custody. All persons referred or
recommended by the court to participate in the home detention program
pursuant to subdivision (e) who are denied participation or all
persons removed from program participation shall be notified in
writing of the specific reasons for the denial or removal. The notice
of denial or removal shall include the participant's appeal rights,
as established by program administrative policy.
(e) The court may recommend or refer a person to the correctional
administrator for consideration for placement in the home detention
program. The recommendation or referral of the court shall be given
great weight in the determination of acceptance or denial. At the
time of sentencing or at any time that the court deems it necessary,
the court may restrict or deny the defendant's participation in a
home detention program.
(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the community,
attend psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of home
detention not later than the expiration of any period of time during
which he or she is authorized to be away from the place of home
detention pursuant to this section and unauthorized departures from
the place of home detention are punishable as provided in Section
4532.
(g) As used in this section, "correctional administrator" means
the sheriff, probation officer, or director of the county department
of corrections.
(h) (1) Notwithstanding any other law, the correctional
administrator shall provide the information specified in paragraph
(2) regarding persons on involuntary home detention to the
Corrections Standards Authority, and upon request, shall provide that
information to the law enforcement agency of a city or
unincorporated area where an office is located to which persons on
involuntary home detention report.
(2) The information required by paragraph (1) shall consist of the
following:
(A) The participant's name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be placed on home
detention.
(D) Whether the participant successfully completed the prescribed
period of home detention or was returned to a county correctional
facility, and if the person was returned to a county correctional
facility, the reason for that return.
(E) The gender and ethnicity of the participant.
(3) Any information received by a police department pursuant to
this subdivision shall be used only for the purpose of monitoring the
impact of home detention programs on the community.
(i) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:
(1) The correctional administrator, with the approval of the board
of supervisors, may administer a home detention program pursuant to
written contracts with appropriate public or private agencies or
entities to provide specified program services. No public or private
agency or entity may operate a home detention program in any county
without a written contract with that county's correctional
administrator. However, this does not apply to the use of electronic
monitoring by the Department of Corrections and Rehabilitation as
established in Section 3004. No public or private agency or entity
entering into a contract may itself employ any person who is in the
home detention program.
(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.
(3) (A) All privately operated home detention programs shall be
under the jurisdiction of, and subject to the terms and conditions of
the contract entered into with, the correctional administrator.
(B) Each contract shall include, but not be limited to, all of the
following:
(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated by
state correctional agencies and bodies, including the Corrections
Standards Authority, and all statutory provisions and mandates, state
and county, as appropriate and applicable to the operation of home
detention programs and the supervision of sentenced offenders in a
home detention program.
(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.
(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under conditions
sufficient to fully indemnify the county for reasonably foreseeable
public liability, including legal defense costs, that may arise from,
or be proximately caused by, acts or omissions of the contractor.
The contract shall provide for annual review by the correctional
administrator to ensure compliance with requirements set by the board
of supervisors and for adjustment of the financial responsibility
requirements if warranted by caseload changes or other factors.
(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates of
insurance or copies of insurance policies, prior to commencing any
operations pursuant to the contract or at any time requested by the
board of supervisors or correctional administrator.
(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity at
any time that the contractor fails to demonstrate evidence of
financial responsibility.
(C) All privately operated home detention programs shall comply
with all appropriate, applicable ordinances and regulations specified
in subdivision (a) of Section 1208.
(D) The board of supervisors, the correctional administrator, and
the designee of the correctional administrator shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.
(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.
(F) Upon the discovery that a private agency or entity with whom
there is a contract is not in compliance pursuant to this paragraph,
the correctional administrator shall give 60 days' notice to the
director of the private agency or entity that the contract may be
canceled if the specified deficiencies are not corrected.
(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.
(j) Inmates participating in this program shall not be charged
fees or costs for the program.
(k) For purposes of this section, "evidence of financial
responsibility" may include, but is not limited to, certified copies
of any of the following:
(1) A current liability insurance policy.
(2) A current errors and omissions insurance policy.
(3) A surety bond.


1203.02. The court, or judge thereof, in granting probation to a
defendant convicted of any of the offenses enumerated in Section 290
of this code shall inquire into the question whether the defendant at
the time the offense was committed was intoxicated or addicted to
the excessive use of alcoholic liquor or beverages at that time or
immediately prior thereto, and if the court, or judge thereof,
believes that the defendant was so intoxicated, or so addicted, such
court, or judge thereof, shall require as a condition of such
probation that the defendant totally abstain from the use of
alcoholic liquor or beverages.


1203.03. (a) In any case in which a defendant is convicted of an
offense punishable by imprisonment in the state prison, the court, if
it concludes that a just disposition of the case requires such
diagnosis and treatment services as can be provided at a diagnostic
facility of the Department of Corrections, may order that defendant
be placed temporarily in such facility for a period not to exceed 90
days, with the further provision in such order that the Director of
the Department of Corrections report to the court his diagnosis and
recommendations concerning the defendant within the 90-day period.
(b) The Director of the Department of Corrections shall, within
the 90 days, cause defendant to be observed and examined and shall
forward to the court his diagnosis and recommendation concerning the
disposition of defendant's case. Such diagnosis and recommendation
shall be embodied in a written report and copies of the report shall
be served only upon the defendant or his counsel, the probation
officer, and the prosecuting attorney by the court receiving such
report. After delivery of the copies of the report, the information
contained therein shall not be disclosed to anyone else without the
consent of the defendant. After disposition of the case, all copies
of the report, except the one delivered to the defendant or his
counsel, shall be filed in a sealed file and shall be available
thereafter only to the defendant or his counsel, the prosecuting
attorney, the court, the probation officer, or the Department of
Corrections.
(c) Notwithstanding subdivision (b), the probation officer may
retain a copy of the report for the purpose of supervision of the
defendant if the defendant is placed on probation by the court. The
report and information contained therein shall be confidential and
shall not be disclosed to anyone else without the written consent of
the defendant. Upon the completion or termination of probation, the
copy of the report shall be returned by the probation officer to the
sealed file prescribed in subdivision (b).
(d) The Department of Corrections shall designate the place to
which a person referred to it under the provisions of this section
shall be transported. After the receipt of any such person, the
department may return the person to the referring court if the
director of the department, in his discretion, determines that the
staff and facilities of the department are inadequate to provide such
services.
(e) The sheriff of the county in which an order is made placing a
defendant in a diagnostic facility pursuant to this section, or any
other peace officer designated by the court, shall execute the order
placing such defendant in the center or returning him therefrom to
the court. The expense of such sheriff or other peace officer
incurred in executing such order is a charge upon the county in which
the court is situated.
(f) It is the intention of the Legislature that the diagnostic
facilities made available to the counties by this section shall only
be used for the purposes designated and not in lieu of sentences to
local facilities.
(g) Time spent by a defendant in confinement in a diagnostic
facility of the Department of Corrections pursuant to this section or
as an inpatient of the California Rehabilitation Center shall be
credited on the term of imprisonment in state prison, if any, to
which defendant is sentenced in the case.
(h) In any case in which a defendant has been placed in a
diagnostic facility pursuant to this section and, in the course of
his confinement, he is determined to be suffering from a remediable
condition relevant to his criminal conduct, the department may, with
the permission of defendant, administer treatment for such condition.
If such treatment will require a longer period of confinement than
the period for which defendant was placed in the diagnostic facility,
the Director of Corrections may file with the court which placed
defendant in the facility a petition for extension of the period of
confinement, to which shall be attached a writing signed by defendant
giving his consent to the extension. If the court finds the
petition and consent in order, it may order the extension, and
transmit a copy of the order to the Director of Corrections.



1203.045. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person convicted of a crime of
theft of an amount exceeding one hundred thousand dollars ($100,000).

(b) The fact that the theft was of an amount exceeding one hundred
thousand dollars ($100,000) shall be alleged 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 plea of guilty or nolo contendere
or by trial by the court sitting without a jury.
(c) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by such a
disposition.


1203.046. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person who is convicted of
violating Section 653j by using, soliciting, inducing, encouraging,
or intimidating a minor to commit a felony in violation of that
section.
(b) When probation is granted pursuant to subdivision (a), the
court shall specify on the record and shall enter into the minutes
the circumstances indicating that the interests of justice would best
be served by that disposition.



1203.047. A person convicted of a violation of paragraph (1), (2),
(4), or (5) of subdivision (c) of Section 502, or of a felony
violation of paragraph (3), (6), (7), or (8) of subdivision (c) of
Section 502, or a violation of subdivision (b) of Section 502.7 may
be granted probation, but, except in unusual cases where the ends of
justice would be better served by a shorter period, the period of
probation shall not be less than three years and the following terms
shall be imposed. During the period of probation, that person shall
not accept employment where that person would use a computer
connected by any means to any other computer, except upon approval of
the court and notice to and opportunity to be heard by the
prosecuting attorney, probation department, prospective employer, and
the convicted person. Court approval shall not be given unless the
court finds that the proposed employment would not pose a risk to the
public.


1203.048. (a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to any person convicted of a violation
of Section 502 or subdivision (b) of Section 502.7 involving the
taking of or damage to property with a value exceeding one hundred
thousand dollars ($100,000).
(b) The fact that the value of the property taken or damaged was
an amount exceeding one hundred thousand dollars ($100,000) shall be
alleged 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 plea of
guilt or nolo contendere or by trial by the court sitting without a
jury.
(c) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by such a
disposition.



1203.049. (a) Except in unusual cases where the interest of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who violates subdivision (f) or
(g) of Section 10980 of the Welfare and Institutions Code, when the
violation has been committed by means of the electronic transfer of
food stamp benefits, and the amount of the electronically transferred
food stamp benefits exceeds one hundred thousand dollars ($100,000).

(b) The fact that the violation was committed by means of an
electronic transfer of food stamp benefits and the amount of the
electronically transferred food stamp benefits exceeds one hundred
thousand dollars ($100,000) shall be alleged 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 trial by the court sitting without a jury.
(c) If probation is granted, the court shall specify on the record
and shall enter on the minutes the circumstances indicating that the
interests of justice would best be served by that disposition of the
case.



1203.05. Any report of the probation officer filed with the court,
including any report arising out of a previous arrest of the person
who is the subject of the report, may be inspected or copied only as
follows:
(a) By any person, from the date judgment is pronounced or
probation granted or, in the case of a report arising out of a
previous arrest, from the date the subsequent accusatory pleading is
filed, to and including 60 days from the date judgment is pronounced
or probation is granted, whichever is earlier.
(b) By any person, at any time, by order of the court, upon filing
a petition therefor by the person.
(c) By the general public, if the court upon its own motion orders
that a report or reports shall be open or that the contents of the
report or reports shall be disclosed.
(d) By any person authorized or required by law to inspect or
receive copies of the report.
(e) By the district attorney of the county at any time.
(f) By the subject of the report at any time.



1203.055. (a) Notwithstanding any other law, in sentencing a person
convicted of committing or of attempting to commit one or more of
the offenses listed in subdivision (b) against a person who is a
passenger, operator, driver, or other occupant of any public transit
vehicle whether the offense or attempt is committed within the
vehicle or directed at the vehicle, the court shall require that the
person serve some period of confinement. If probation is granted, it
shall be a condition of probation that the person shall be confined
in the county jail for some period of time. If the time spent in
jail prior to arraignment is less than 24 hours, it shall not be
considered to satisfy the requirement that some period of confinement
be imposed.
As used in this subdivision, "public transit vehicle" means any
motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail
system, rapid transit system, subway, train, taxi cab, or jitney,
which transports members of the public for hire.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or
246.
(3) Robbery, in violation of Section 211.
(4) Kidnapping, in violation of Section 207.
(5) Kidnapping, in violation of Section 209.
(6) Battery, in violation of Section 243, 243.1, or 243.3.
(7) Rape, in violation of Section 261, 262, 264, or 264.1.
(8) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(9) Any other offense in which the defendant inflicts great bodily
injury on any person other than an accomplice. As used in this
paragraph, "great bodily injury" means "great bodily injury" as
defined in Section 12022.7.
(10) Grand theft, in violation of subdivision (1) of Section 487.

(11) Throwing of a hard substance or shooting a missile at a
transit vehicle, in violation of Section 219.2.
(12) Unlawfully causing a fire, in violation of Section 452.
(13) Drawing, exhibiting, or using a firearm or deadly weapon, in
violation of Section 417.
(14) A violation of Section 214.
(15) A violation of Section 215.
(16) Kidnapping, in violation of Section 209.5.
(c) Probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, any person convicted of a
felony offense falling within this section if the person has been
previously convicted and sentenced pursuant to this section.
(d) (1) The existence of any fact which would make a person
ineligible for probation under subdivisions (a) and (c) shall be
alleged 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.
A finding bringing the defendant within this section shall not be
stricken pursuant to Section 1385 or any provision of law.
(2) This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) The court shall require, as a condition of probation for any
person convicted of committing a crime which took place on a public
transit vehicle, except in any case in which the court makes a
finding and states on the record clear and compelling reasons why the
condition would be inappropriate, that the person make restitution
to the victim. If restitution is found to be inappropriate, the
court shall require as a condition of probation, except in any case
in which the court makes a finding and states on the record its
reasons that the condition would be inappropriate, that the defendant
perform specified community service. Nothing in this subdivision
shall be construed to limit the authority of a court to provide
additional conditions of probation.
(f) In any case in which a person is convicted of committing a
crime which took place on a public transit vehicle, the probation
officer shall immediately investigate and report to the court at a
specified time whether, as a result of the crime, property damage or
loss or personal injury was caused by the defendant, the amount of
the damage, loss, or injury, and the feasibility of requiring
restitution to be made by the defendant. When a probation report is
required pursuant to Section 1203 the information required by this
subdivision shall be added to that probation report.



1203.06. (a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended for, nor shall a finding bringing the defendant
within this section be stricken pursuant to Section 1385 for, any of
the following persons:
(1) Any person who personally used a firearm during the commission
or attempted commission of any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Lewd or lascivious act, in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) Rape, in violation of Section 261, 262, or 264.1.
(G) Assault with intent to commit a specified ***ual offense, in
violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(I) Carjacking, in violation of Section 215.
(J) Aggravated mayhem, in violation of Section 205.
(K) Torture, in violation of Section 206.
(L) Continuous ***ual abuse of a child, in violation of Section
288.5.
(M) A felony violation of Section 136.1 or 137.
(N) Sodomy, in violation of Section 286.
(O) Oral copulation, in violation of Section 288a.
(P) ***ual penetration, in violation of Section 289 or 264.1.
(Q) Aggravated ***ual assault of a child, in violation of Section
269.
(2) Any person previously convicted of a felony specified in
paragraph (1), or assault with intent to commit murder under former
Section 217, who is convicted of a subsequent felony and who was
personally armed with a firearm at any time during its commission or
attempted commission or was unlawfully armed with a firearm at the
time of his or her arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b) (1) The existence of any fact that would make a person
ineligible for probation under subdivision (a) shall be alleged in
the accusatory pleading, and either admitted by the defendant in open
court, or found to be true by the trier of fact.
(2) As used in subdivision (a), "used a firearm" means to display
a firearm in a menacing manner, to intentionally fire it, to
intentionally strike or hit a human being with it, or to use it in
any manner that qualifies under Section 12022.5.
(3) As used in subdivision (a), "armed with a firearm" means to
knowingly carry or have available for use a firearm as a means of
offense or defense.



1203.065. (a) 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 convicted of violating
paragraph (2) or (6) of subdivision (a) of Section 261, Section
264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286, paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a, subdivision (a)
of Section 289, or subdivision (c) of Section 311.4.
(b) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of violating
paragraph (7) of subdivision (a) of Section 261, subdivision (k) of
Section 286, subdivision (k) of Section 288a, subdivision (g) of
Section 289, or Section 220 for assault with intent to commit a
specified ***ual offense.
(2) When probation is granted, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by the
disposition.



1203.066. (a) Notwithstanding Section 1203 or any other law,
probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, nor shall a finding bringing
the defendant within the provisions of this section be stricken
pursuant to Section 1385 for, any of the following persons:
(1) A person who is convicted of violating Section 288 or 288.5
when the act is committed by the use of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person.
(2) A person who caused bodily injury on the child victim in
committing a violation of Section 288 or 288.5.
(3) A person who is convicted of a violation of Section 288 or
288.5 and who was a stranger to the child victim or befriended the
child victim for the purpose of committing an act in violation of
Section 288 or 288.5, unless the defendant honestly and reasonably
believed the victim was 14 years of age or older.
(4) A person who used a weapon during the commission of a
violation of Section 288 or 288.5.
(5) A person who is convicted of committing a violation of Section
288 or 288.5 and who has been previously convicted of a violation of
Section 261, 262, 264.1, 266, 266c, 267, 285, 286, 288, 288.5, 288a,
or 289, or of assaulting another person with intent to commit a
crime specified in this paragraph in violation of Section 220, or who
has been previously convicted in another state of an offense which,
if committed or attempted in this state, would constitute an offense
enumerated in this paragraph.
(6) A person who violated Section 288 or 288.5 while kidnapping
the child victim in violation of Section 207, 209, or 209.5.
(7) A person who is convicted of committing a violation of Section
288 or 288.5 against more than one victim.
(8) A person who, in violating Section 288 or 288.5, has
substantial ***ual conduct with a victim who is under 14 years of
age.
(9) A person who, in violating Section 288 or 288.5, used obscene
matter, as defined in Section 311, or matter, as defined in Section
311, depicting ***ual conduct, as defined in Section 311.3.
(b) "Substantial ***ual conduct" means penetration of the vagina
or rectum of either the victim or the offender by the penis of the
other or by any foreign object, oral copulation, or masturbation of
either the victim or the offender.
(c) (1) Except for a violation of subdivision (b) of Section 288,
this section shall only apply if the existence of any fact required
in subdivision (a) is alleged in the accusatory pleading and is
either admitted by the defendant in open court, or found to be true
by the trier of fact.
(2) For the existence of any fact under paragraph (7) of
subdivision (a), the allegation must be made pursuant to this
section.
(d) (1) If a person is convicted of a violation of Section 288 or
288.5, and the factors listed in subdivision (a) are not pled or
proven, probation may be granted only if the following terms and
conditions are met:
(A) If the defendant is a member of the victim's household, the
court finds that probation is in the best interest of the child
victim.
(B) The court finds that rehabilitation of the defendant is
feasible and that the defendant is amenable to undergoing treatment,
and the defendant is placed in a recognized treatment program
designed to deal with child molestation immediately after the grant
of probation or the suspension of execution or imposition of
sentence.
(C) If the defendant is a member of the victim's household,
probation shall not be granted unless the defendant is removed from
the household of the victim until the court determines that the best
interests of the victim would be served by his or her return. While
removed from the household, the court shall prohibit contact by the
defendant with the victim, with the exception that the court may
permit supervised contact, upon the request of the director of the
court-ordered supervised treatment program, and with the agreement of
the victim and the victim's parent or legal guardian, other than the
defendant.
(D) The court finds that there is no threat of physical harm to
the victim if probation is granted.
(2) The court shall state its reasons on the record for whatever
sentence it imposes on the defendant.
(3) The court shall order the psychiatrist or psychologist who is
appointed pursuant to Section 288.1 to include a consideration of the
factors specified in subparagraphs (A), (B), and (C) of paragraph
(1) in making his or her report to the court.
(4) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon ability to pay.
(5) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(e) As used in subdivision (d), the following definitions apply:
(1) "Contact with the victim" includes all physical contact, being
in the presence of the victim, communicating by any means, including
by a third party acting on behalf of the defendant, or sending any
gifts.
(2) "Recognized treatment program" means a program that consists
of the following components:
(A) Substantial expertise in the treatment of child ***ual abuse.

(B) A treatment regimen designed to specifically address the
offense.
(C) The ability to serve indigent clients.
(D) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program, or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.



1203.067. (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, or 289, who is eligible for
probation, the court shall do all of the following:
(1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
(2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
(3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
(b) If a defendant is granted probation pursuant to subdivision
(a), the court shall order the defendant to be placed in an
appropriate treatment program designed to deal with child molestation
or ***ual offenders, if an appropriate program is available in the
county.
(c) Any defendant ordered to be placed in a treatment program
pursuant to subdivision (b) shall be responsible for paying the
expense of his or her participation in the treatment 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.



1203.07. (a) Notwithstanding Section 1203, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale 14.25 grams or more of
a substance containing heroin.
(2) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell 14.25 grams or
more of a substance containing heroin.
(3) Any person convicted of violating Section 11351 of the Health
and Safety Code by possessing heroin for sale or convicted of
violating Section 11352 of the Health and Safety Code by selling or
offering to sell heroin, and who has one or more prior convictions
for violating Section 11351 or Section 11352 of the Health and Safety
Code.
(4) Any person who is convicted of violating Section 11378.5 of
the Health and Safety Code by possessing for sale 14.25 grams or more
of any salt or solution of phencyclidine or any of its analogs as
specified in paragraph (21), (22), or (23) of subdivision (d) of
Section 11054 or in paragraph (3) of subdivision (e) of Section 11055
of the Health and Safety Code, or any of the precursors of
phencyclidine as specified in paragraph (2) of subdivision (f) of
Section 11055 of the Health and Safety Code.
(5) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by transporting for sale, importing for
sale, or administering, or offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or
transport for sale, phencyclidine or any of its analogs or
precursors.
(6) Any person who is convicted of violating Section 11379.5 of
the Health and Safety Code by selling or offering to sell
phencyclidine or any of its analogs or precursors.
(7) Any person who is convicted of violating Section 11379.6 of
the Health and Safety Code by manufacturing or offering to perform an
act involving the manufacture of phencyclidine or any of its analogs
or precursors.
As used in this section "manufacture" refers to the act of any
person who manufactures, compounds, converts, produces, derives,
processes, or prepares, either directly or indirectly by chemical
extraction or independently by means of chemical synthesis.
(8) Any person who is convicted of violating Section 11380 of the
Health and Safety Code by using, soliciting, inducing, encouraging,
or intimidating a minor to act as an agent to manufacture, compound,
or sell any controlled substance specified in subdivision (d) of
Section 11054 of the Health and Safety Code, except paragraphs (13),
(14), (15), (20), (21), (22), and (23) of subdivision (d), or
specified in subdivision (d), (e), or (f) of Section 11055 of the
Health and Safety Code, except paragraph (3) of subdivision (e) and
subparagraphs (A) and (B) of paragraph (2) of subdivision (f).
(9) Any person who is convicted of violating Section 11380.5 of
the Health and Safety Code by the use of a minor as an agent or who
solicits, induces, encourages, or intimidates a minor with the intent
that the minor shall violate the provisions of Section 11378.5,
11379.5, or 11379.6 of the Health and Safety Code insofar as the
violation relates to phencyclidine or any of its analogs or
precursors.
(10) Any person who is convicted of violating subdivision (b) of
Section 11383 of the Health and Safety Code by possessing piperidine,
pyrrolidine, or morpholine, and cyclohexanone, with intent to
manufacture phencyclidine or any of its analogs.
(11) Any person convicted of violating Section 11351, 11351.5, or
11378 of the Health and Safety Code by possessing for sale cocaine
base, cocaine, or methamphetamine, or convicted of violating Section
11352 or 11379 of the Health and Safety Code, by selling or offering
to sell cocaine base, cocaine, or methamphetamine and who has one or
more convictions for violating Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, or 11379.5 of the Health and Safety Code. For
purposes of prior convictions under Sections 11352, 11379, and
11379.5 of the Health and Safety Code, this subdivision shall not
apply to the transportation, offering to transport, or attempting to
transport a controlled substance.
(b) The existence of any fact which would make a person ineligible
for probation 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.



1203.073. (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served. When probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
(b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale, or Section 11352 of
the Health and Safety Code by selling, a substance containing 28.5
grams or more of cocaine as specified in paragraph (6) of subdivision
(b) of Section 11055 of the Health and Safety Code, or 57 grams or
more of a substance containing cocaine as specified in paragraph (6)
of subdivision (b) of Section 11055 of the Health and Safety Code.
(2) Any person who is convicted of violating Section 11378 of the
Health and Safety Code by possessing for sale, or Section 11379 of
the Health and Safety Code by selling a substance containing 28.5
grams or more of methamphetamine or 57 grams or more of a substance
containing methamphetamine.
(3) Any person who is convicted of violating subdivision (a) of
Section 11379.6 of the Health and Safety Code, except those who
manufacture phencyclidine, or who is convicted of an act which is
punishable under subdivision (b) of Section 11379.6 of the Health and
Safety Code, except those who offer to perform an act which aids in
the manufacture of phencyclidine.
(4) Except as otherwise provided in Section 1203.07, any person
who is convicted of violating Section 11353 or 11380 of the Health
and Safety Code by using, soliciting, inducing, encouraging, or
intimidating a minor to manufacture, compound, or sell heroin,
cocaine base as specified in paragraph (1) of subdivision (f) of
Section 11054 of the Health and Safety Code, cocaine as specified in
paragraph (6) of subdivision (b) of Section 11055 of the Health and
Safety Code, or methamphetamine.
(5) Any person who is convicted of violating Section 11351.5 of
the Health and Safety Code by possessing for sale a substance
containing 14.25 grams or more of cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054 of the Health and
Safety Code or 57 grams or more of a substance containing at least
five grams of cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054 of the Health and Safety Code.
(6) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by transporting for sale, importing for sale,
or administering, or by offering to transport for sale, import for
sale, or administer, or by attempting to import for sale or transport
for sale, cocaine base as specified in paragraph (1) of subdivision
(f) of Section 11054 of the Health and Safety Code.
(7) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054 of
the Health and Safety Code.
(8) Any person convicted of violating Section 11379.6, 11382, or
11383 of the Health and Safety Code with respect to methamphetamine,
if he or she has one or more prior convictions for a violation of
Section 11378, 11379, 11379.6, 11380, 11382, or 11383 with respect to
methamphetamine.
(c) As used in this section, the term "manufacture" refers to the
act of any person who manufactures, compounds, converts, produces,
derives, processes, or prepares, either directly or indirectly by
chemical extraction or independently by means of chemical synthesis.

(d) The existence of any previous conviction or fact which would
make a person ineligible for probation 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.


1203.074. (a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would best be served; when probation
is granted in such a case, the court shall specify on the record and
shall enter in the minutes the circumstances indicating that the
interests of justice would best be served by such a disposition.
(b) Except as provided in subdivision (a), probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person who is convicted of violating Section
11366.6 of the Health and Safety Code.


1203.075. (a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended for, nor shall a finding bringing the defendant
within this section be stricken pursuant to Section 1385 for, any
person who personally inflicts great bodily injury, as defined in
Section 12022.7, on the person of another in the commission or
attempted commission of any of the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207, 209, or 209.5.
(4) Lewd or lascivious act, in violation of Section 288.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape, in violation of Section 261, 262, or 264.1.
(7) Assault with intent to commit a specified ***ual offense, in
violation of Section 220.
(8) Escape, in violation of Section 4530 or 4532.
(9) ***ual penetration, in violation of Section 289 or 264.1.
(10) Sodomy, in violation of Section 286.
(11) Oral copulation, in violation of Section 288a.
(12) Carjacking, in violation of Section 215.
(13) Continuous ***ual abuse of a child, in violation of Section
288.5.
(14) Aggravated ***ual assault of a child, in violation of Section
269.
(b) The existence of any fact that would make a person ineligible
for probation under subdivision (a) shall be alleged in the
accusatory pleading, and either admitted by the defendant in open
court, or found to be true by the trier of fact.



1203.076. Any person convicted of violating Section 11352 of the
Health and Safety Code relating to the sale of cocaine, cocaine
hydrochloride, or heroin, or Section 11379.5 of the Health and Safety
Code, who is eligible for probation and who is granted probation
shall, as a condition thereof, be confined in the county jail for at
least 180 days. The imposition of the minimum 180-day sentence shall
be imposed in every case where probation has been granted, except
that the court may, in an unusual case where the interests of justice
would best be served, absolve a person from spending the 180-day
sentence in the county jail if the court specifies on the record and
enters into the minutes, the circumstances indicating that the
interests of justice would best be served by that disposition.




1203.08. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any adult person convicted of a designated felony who
has been previously convicted as an adult under charges separately
brought and tried two or more times of any designated felony or in
any other place of a public offense which, if committed in this
state, would have been punishable as a designated felony, if all the
convictions occurred within a 10-year period. The 10-year period
shall be calculated exclusive of any period of time during which the
person has been confined in a state or federal prison.
(b) (1) The existence of any fact which would make a person
ineligible for probation 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.
(2) Except where the existence of the fact was not admitted or
found to be true pursuant to paragraph (1), or the court finds that a
prior conviction was invalid, the court shall not strike or dismiss
any prior convictions alleged in the information or indictment.
(3) This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(c) As used in this section, "designated felony" means any felony
specified in Section 187, 192, 207, 209, 209.5, 211, 215, 217, 245,
288, or paragraph (2), (6), or (7) of subdivision (a) of Section 261,
paragraph (1), (4), or (5) of subdivision (a) of Section 262,
subdivision (a) of Section 460, or when great bodily injury occurs in
perpetration of an assault to commit robbery, mayhem, or rape, as
defined in Section 220.


1203.085. (a) Any person convicted of an offense punishable by
imprisonment in the state prison but without an alternate sentence to
a county jail shall not be granted probation or have the execution
or imposition of sentence suspended, if the offense was committed
while the person was on parole from state prison pursuant to Section
3000, following a term of imprisonment imposed for a violent felony,
as defined in subdivision (c) of Section 667.5, or a serious felony,
as defined in subdivision (c) of Section 1192.7.
(b) Any person convicted of a violent felony, as defined in
subdivision (c) of Section 667.5, or a serious felony, as defined in
subdivision (c) of Section 1192.7, shall not be granted probation or
have the execution or imposition of sentence suspended, if the
offense was committed while the person was on parole from state
prison pursuant to Section 3000.
(c) The existence of any fact that would make a person ineligible
for probation under subdivision (a) or (b) 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.




1203.09. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person who commits or attempts to commit one or
more of the crimes listed in subdivision (b) against a person who is
60 years of age or older; or against a person who is blind, a
paraplegic, a quadriplegic, or a person confined to a wheelchair and
that disability is known or reasonably should be known to the person
committing the crime; and who during the course of the offense
inflicts great bodily injury upon the person.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207.
(4) Kidnapping, in violation of Section 209.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape by force or violence, in violation of paragraph (2) or
(6) of subdivision (a) of Section 261 or paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(8) Carjacking, in violation of Section 215.
(9) Kidnapping, in violation of Section 209.5.
(c) The existence of any fact which would make a person ineligible
for probation under either subdivision (a) or (f) 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.
(d) As used in this section "great bodily injury" means "great
bodily injury" as defined in Section 12022.7.
(e) This section shall apply in all cases, including those cases
where the infliction of great bodily injury is an element of the
offense.
(f) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person convicted of having committed one or
more of the following crimes against a person who is 60 years of age
or older: assault with a deadly weapon or instrument, battery which
results in physical injury which requires professional medical
treatment, carjacking, robbery, or mayhem.



1203.095. (a) Except as provided in subdivision (b), but
notwithstanding any other provision of law, if any person convicted
of a violation of paragraph (2) of subdivision (a) of Section 245, of
a violation of paragraph (1) of subdivision (d) of Section 245, of a
violation of Section 246, or a violation of subdivision (c) of
Section 417, is granted probation or the execution or imposition of
sentence is suspended, it shall be a condition thereof that he or she
be imprisoned for at least six months, and if any person convicted
of a violation of paragraph (2) of subdivision (a) of Section 417 is
granted probation or the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for at least three months.
(b) The provisions of subdivision (a) shall apply except in
unusual cases where the interests of justice would best be served by
granting probation or suspending the imposition or execution of
sentence without the imprisonment required by subdivision (a), or by
granting probation or suspending the imposition or execution of
sentence with conditions other than those set forth in subdivision
(a), in which case the court shall specify on the record and shall
enter on the minutes the circumstances indicating that the interests
of justice would best be served by such a disposition.
(c) This section does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.


1203.096. (a) Upon conviction of any felony in which the defendant
is sentenced to state prison and in which the court makes the
findings set forth in subdivision (b), a court shall, in addition to
any other terms of imprisonment, fine, and conditions, recommend in
writing that the defendant participate in a counseling or education
program having a substance abuse component while imprisoned.
(b) The court shall make the recommendation specified in
subdivision (a) if it finds that any of the following are true:
(1) That the defendant at the time of the commission of the
offense was under the influence of any alcoholic beverages.
(2) That the defendant at the time of the commission of the
offense was under the influence of any controlled substance.
(3) That the defendant has a demonstrated history of substance
abuse.
(4) That the offense or offenses for which the defendant was
convicted are drug related.


1203.097. (a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation shall include all of the following:
(1) A minimum period of probation of 36 months, which may include
a period of summary probation as appropriate.
(2) A criminal court protective order protecting the victim from
further acts of violence, threats, stalking, ***ual abuse, and
harassment, and, if appropriate, containing residence exclusion or
stay-away conditions.
(3) Notice to the victim of the disposition of the case.
(4) Booking the defendant within one week of sentencing if the
defendant has not already been booked.
(5) A minimum payment by the defendant of four hundred dollars
($400) to be disbursed as specified in this paragraph. If, after a
hearing in court on the record, the court finds that the defendant
does not have the ability to pay, the court may reduce or waive this
fee.
Two-thirds of the moneys deposited with the county treasurer
pursuant to this section shall be retained by counties and deposited
in the domestic violence programs special fund created pursuant to
Section 18305 of the Welfare and Institutions Code, to be expended
for the purposes of Chapter 5 (commencing with Section 18290) of Part
6 of Division 9 of the Welfare and Institutions Code. The remainder
shall be transferred, once a month, to the Controller for deposit in
equal amounts in the Domestic Violence Restraining Order
Reimbursement Fund and in the Domestic Violence Training and
Education Fund, which are hereby created, in an amount equal to
one-third of funds collected during the preceding month. In no event
may the funds transferred to the Controller be less than one hundred
thirty-three dollars ($133) for each defendant. However, if the court
orders the defendant to pay less than two hundred dollars ($200)
because of his or her inability to pay, the state shall receive
two-thirds of the payment. Moneys deposited into these funds pursuant
to this section shall be available upon appropriation by the
Legislature and shall be distributed each fiscal year as follows:
(A) Funds from the Domestic Violence Restraining Order
Reimbursement Fund shall be distributed to local law enforcement or
other criminal justice agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(b) of Section 6380 of the Family Code, based on the annual
notification from the Department of Justice of the number of
restraining orders issued and registered in the state domestic
violence restraining order registry maintained by the Department of
Justice, for the development and maintenance of the domestic violence
restraining order databank system.
(B) Funds from the Domestic Violence Training and Education Fund
shall support a statewide training and education program to increase
public awareness of domestic violence and to improve the scope and
quality of services provided to the victims of domestic violence.
Grants to support this program shall be awarded on a competitive
basis and be administered by the State Department of Public Health,
in consultation with the statewide domestic violence coalition, which
is eligible to receive funding under this section.
(6) Successful completion of a batterer's program, as defined in
subdivision (c), or if none is available, another appropriate
counseling program designated by the court, for a period not less
than one year with periodic progress reports by the program to the
court every three months or less and weekly sessions of a minimum of
two hours class time duration. The defendant shall attend
consecutive weekly sessions, unless granted an excused absence for
good cause by the program for no more than three individual sessions
during the entire program, and shall complete the program within 18
months, unless, after a hearing, the court finds good cause to modify
the requirements of consecutive attendance or completion within 18
months.
(7) (A) (i) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon the ability to pay.
(ii) The terms of probation for offenders shall not be lifted
until all reasonable fees due to the counseling program have been
paid in full, but in no case shall probation be extended beyond the
term provided in subdivision (a) of Section 1203.1. If the court
finds that the defendant does not have the ability to pay the fees
based on the defendant's changed circumstances, the court may reduce
or waive the fees.
(B) Upon request by the batterer's program, the court shall
provide the defendant's arrest report, prior incidents of violence,
and treatment history to the program.
(8) The court also shall order the defendant to perform a
specified amount of appropriate community service, as designated by
the court. The defendant shall present the court with proof of
completion of community service and the court shall determine if the
community service has been satisfactorily completed. If sufficient
staff and resources are available, the community service shall be
performed under the jurisdiction of the local agency overseeing a
community service program.
(9) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative batterer's program.
(10) (A) Upon recommendation of the program, a court shall require
a defendant to participate in additional sessions throughout the
probationary period, unless it finds that it is not in the interests
of justice to do so, states its reasons on the record, and enters
them into the minutes. In deciding whether the defendant would
benefit from more sessions, the court shall consider whether any of
the following conditions exist:
(i) The defendant has been violence free for a minimum of six
months.
(ii) The defendant has cooperated and participated in the batterer'
s program.
(iii) The defendant demonstrates an understanding of and practices
positive conflict resolution skills.
(iv) The defendant blames, degrades, or has committed acts that
dehumanize the victim or puts at risk the victim's safety, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(v) The defendant demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(vi) The defendant has made threats to harm anyone in any manner.

(vii) The defendant has complied with applicable requirements
under paragraph (6) of subdivision (c) or subparagraph (C) to receive
alcohol counseling, drug counseling, or both.
(viii) The defendant demonstrates acceptance of responsibility for
the abusive behavior perpetrated against the victim.
(B) The program shall immediately report any violation of the
terms of the protective order, including any new acts of violence or
failure to comply with the program requirements, to the court, the
prosecutor, and, if formal probation has been ordered, to the
probation department. The probationer shall file proof of enrollment
in a batterer's program with the court within 30 days of conviction.

(C) Concurrent with other requirements under this section, in
addition to, and not in lieu of, the batterer's program, and unless
prohibited by the referring court, the probation department or the
court may make provisions for a defendant to use his or her resources
to enroll in a chemical dependency program or to enter voluntarily a
licensed chemical dependency recovery hospital or residential
treatment program that has a valid license issued by the state to
provide alcohol or drug services to receive program participation
credit, as determined by the court. The probation department shall
document evidence of this hospital or residential treatment
participation in the defendant's program file.
(11) The conditions of probation may include, in lieu of a fine,
but not in lieu of the fund payment required under paragraph (5), one
or more of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the defendant'
s offense.
For any order to pay a fine, to make payments to a battered women'
s shelter, or to pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the
defendant's ability to pay. Determination of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. In no event shall any order
to make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. When the injury to a married
person is caused, in whole or in part, by the criminal acts of his or
her spouse in violation of this section, the community property
shall not be used to discharge the liability of the offending spouse
for restitution to the injured spouse, as required by Section
1203.04, as operative on or before August 2, 1995, or Section 1202.4,
or to a shelter for costs with regard to the injured spouse, until
all separate property of the offending spouse is exhausted.
(12) If it appears to the prosecuting attorney, the court, or the
probation department that the defendant is performing
unsatisfactorily in the assigned program, is not benefiting from
counseling, or has engaged in criminal conduct, upon request of the
probation officer, the prosecuting attorney, or on its own motion,
the court, as a priority calendar item, shall hold a hearing to
determine whether further sentencing should proceed. The court may
consider factors, including, but not limited to, any violence by the
defendant against the former or a new victim while on probation and
noncompliance with any other specific condition of probation. If the
court finds that the defendant is not performing satisfactorily in
the assigned program, is not benefiting from the program, has not
complied with a condition of probation, or has engaged in criminal
conduct, the court shall terminate the defendant's participation in
the program and shall proceed with further sentencing.
(b) If a person is granted formal probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code, in
addition to the terms specified in subdivision (a), all of the
following shall apply:
(1) The probation department shall make an investigation and take
into consideration the defendant's age, medical history, employment
and service records, educational background, community and family
ties, prior incidents of violence, police report, treatment history,
if any, demonstrable motivation, and other mitigating factors in
determining which batterer's program would be appropriate for the
defendant. This information shall be provided to the batterer's
program if it is requested. The probation department shall also
determine which community programs the defendant would benefit from
and which of those programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court.
(2) The court shall advise the defendant that the failure to
report to the probation department for the initial investigation, as
directed by the court, or the failure to enroll in a specified
program, as directed by the court or the probation department, shall
result in possible further incarceration. The court, in the interests
of justice, may relieve the defendant from the prohibition set forth
in this subdivision based upon the defendant's mistake or excusable
neglect. Application for this relief shall be filed within 20 court
days of the missed deadline. This time limitation may not be
extended. A copy of any application for relief shall be served on the
office of the prosecuting attorney.
(3) After the court orders the defendant to a batterer's program,
the probation department shall conduct an initial assessment of the
defendant, including, but not limited to, all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Substance abuse history.
(G) Consultation with the probation officer.
(H) Verbal consultation with the victim, only if the victim
desires to participate.
(I) Assessment of the future probability of the defendant
committing murder.
(4) The probation department shall attempt to notify the victim
regarding the requirements for the defendant's participation in the
batterer's program, as well as regarding available victim resources.
The victim also shall be informed that attendance in any program does
not guarantee that an abuser will not be violent.
(c) The court or the probation department shall refer defendants
only to batterer's programs that follow standards outlined in
paragraph (1), which may include, but are not limited to, lectures,
classes, group discussions, and counseling. The probation department
shall design and implement an approval and renewal process for
batterer's programs and shall solicit input from criminal justice
agencies and domestic violence victim advocacy programs.
(1) The goal of a batterer's program under this section shall be
to stop domestic violence. A batterer's program shall consist of the
following components:
(A) Strategies to hold the defendant accountable for the violence
in a relationship, including, but not limited to, providing the
defendant with a written statement that the defendant shall be held
accountable for acts or threats of domestic violence.
(B) A requirement that the defendant participate in ongoing
same-gender group sessions.
(C) An initial intake that provides written definitions to the
defendant of physical, emotional, ***ual, economic, and verbal abuse,
and the techniques for stopping these types of abuse.
(D) Procedures to inform the victim regarding the requirements for
the defendant's participation in the intervention program as well as
regarding available victim resources. The victim also shall be
informed that attendance in any program does not guarantee that an
abuser will not be violent.
(E) A requirement that the defendant attend group sessions free of
chemical influence.
(F) Educational programming that examines, at a minimum, gender
roles, socialization, the nature of violence, the dynamics of power
and control, and the effects of abuse on children and others.
(G) A requirement that excludes any couple counseling or family
counseling, or both.
(H) Procedures that give the program the right to assess whether
or not the defendant would benefit from the program and to refuse to
enroll the defendant if it is determined that the defendant would not
benefit from the program, so long as the refusal is not because of
the defendant's inability to pay. If possible, the program shall
suggest an appropriate alternative program.
(I) Program staff who, to the extent possible, have specific
knowledge regarding, but not limited to, spousal abuse, child abuse,
***ual abuse, substance abuse, the dynamics of violence and abuse,
the law, and procedures of the legal system.
(J) Program staff who are encouraged to utilize the expertise,
training, and assistance of local domestic violence centers.
(K) A requirement that the defendant enter into a written
agreement with the program, which shall include an outline of the
contents of the program, the attendance requirements, the requirement
to attend group sessions free of chemical influence, and a statement
that the defendant may be removed from the program if it is
determined that the defendant is not benefiting from the program or
is disruptive to the program.
(L) A requirement that the defendant sign a confidentiality
statement prohibiting disclosure of any information obtained through
participating in the program or during group sessions regarding other
participants in the program.
(M) Program content that provides cultural and ethnic sensitivity.

(N) A requirement of a written referral from the court or
probation department prior to permitting the defendant to enroll in
the program. The written referral shall state the number of minimum
sessions required by the court.
(O) Procedures for submitting to the probation department all of
the following uniform written responses:
(i) Proof of enrollment, to be submitted to the court and the
probation department and to include the fee determined to be charged
to the defendant, based upon the ability to pay, for each session.
(ii) Periodic progress reports that include attendance, fee
payment history, and program compliance.
(iii) Final evaluation that includes the program's evaluation of
the defendant's progress, using the criteria set forth in paragraph
(4) of subdivision (a) and recommendation for either successful or
unsuccessful termination or continuation in the program.
(P) A sliding fee schedule based on the defendant's ability to
pay. The batterer's program shall develop and utilize a sliding fee
scale that recognizes both the defendant's ability to pay and the
necessity of programs to meet overhead expenses. An indigent
defendant may negotiate a deferred payment schedule, but shall pay a
nominal fee, if the defendant has the ability to pay the nominal fee.
Upon a hearing and a finding by the court that the defendant does
not have the financial ability to pay the nominal fee, the court
shall waive this fee. The payment of the fee shall be made a
condition of probation if the court determines the defendant has the
present ability to pay the fee. The fee shall be paid during the term
of probation unless the program sets other conditions. The
acceptance policies shall be in accordance with the scaled fee
system.
(2) The court shall refer persons only to batterer's programs that
have been approved by the probation department pursuant to paragraph
(5). The probation department shall do both of the following:
(A) Provide for the issuance of a provisional approval, provided
that the applicant is in substantial compliance with applicable laws
and regulations and an urgent need for approval exists. A provisional
approval shall be considered an authorization to provide services
and shall not be considered a vested right.
(B) If the probation department determines that a program is not
in compliance with standards set by the department, the department
shall provide written notice of the noncompliant areas to the
program. The program shall submit a written plan of corrections
within 14 days from the date of the written notice on noncompliance.
A plan of correction shall include, but not be limited to, a
description of each corrective action and timeframe for
implementation. The department shall review and approve all or any
part of the plan of correction and notify the program of approval or
disapproval in writing. If the program fails to submit a plan of
correction or fails to implement the approved plan of correction, the
department shall consider whether to revoke or suspend approval and,
upon revoking or suspending approval, shall have the option to cease
referrals of defendants under this section.
(3) No program, regardless of its source of funding, shall be
approved unless it meets all of the following standards:
(A) The establishment of guidelines and criteria for education
services, including standards of services that may include lectures,
classes, and group discussions.
(B) Supervision of the defendant for the purpose of evaluating the
person's progress in the program.
(C) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.
(D) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(4) In making referrals of indigent defendants to approved
batterer's programs, the probation department shall apportion these
referrals evenly among the approved programs.
(5) The probation department shall have the sole authority to
approve a batterer's program for probation. The program shall be
required to obtain only one approval but shall renew that approval
annually.
(A) The procedure for the approval of a new or existing program
shall include all of the following:
(i) The completion of a written application containing necessary
and pertinent information describing the applicant program.
(ii) The demonstration by the program that it possesses adequate
administrative and operational capability to operate a batterer's
treatment program. The program shall provide documentation to prove
that the program has conducted batterer's programs for at least one
year prior to application. This requirement may be waived under
subparagraph (A) of paragraph (2) if there is no existing batterer's
program in the city, county, or city and county.
(iii) The onsite review of the program, including monitoring of a
session to determine that the program adheres to applicable statutes
and regulations.
(iv) The payment of the approval fee.
(B) The probation department shall fix a fee for approval not to
exceed two hundred fifty dollars ($250) and for approval renewal not
to exceed two hundred fifty dollars ($250) every year in an amount
sufficient to cover its costs in administering the approval process
under this section. No fee shall be charged for the approval of local
governmental entities.
(C) The probation department has the sole authority to approve the
issuance, denial, suspension, or revocation of approval and to cease
new enrollments or referrals to a batterer's program under this
section. The probation department shall review information relative
to a program's performance or failure to adhere to standards, or
both. The probation department may suspend or revoke any approval
issued under this subdivision or deny an application to renew an
approval or to modify the terms and conditions of approval, based on
grounds established by probation, including, but not limited to,
either of the following:
(i) Violation of this section by any person holding approval or by
a program employee in a program under this section.
(ii) Misrepresentation of any material fact in obtaining the
approval.
(6) For defendants who are chronic users or serious abusers of
drugs or alcohol, standard components in the program shall include
concurrent counseling for substance abuse and violent behavior, and
in appropriate cases, detoxification and abstinence from the abused
substance.
(7) The program shall conduct an exit conference that assesses the
defendant's progress during his or her participation in the batterer'
s program.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1203.097. (a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation shall include all of the following:
(1) A minimum period of probation of 36 months, which may include
a period of summary probation as appropriate.
(2) A criminal court protective order protecting the victim from
further acts of violence, threats, stalking, ***ual abuse, and
harassment, and, if appropriate, containing residence exclusion or
stay-away conditions.
(3) Notice to the victim of the disposition of the case.
(4) Booking the defendant within one week of sentencing if the
defendant has not already been booked.
(5) A minimum payment by the defendant of two hundred dollars
($200) to be disbursed as specified in this paragraph. If, after a
hearing in court on the record, the court finds that the defendant
does not have the ability to pay, the court may reduce or waive this
fee.
One-third of the moneys deposited with the county treasurer
pursuant to this section shall be retained by counties and deposited
in the domestic violence programs special fund created pursuant to
Section 18305 of the Welfare and Institutions Code, to be expended
for the purposes of Chapter 5 (commencing with Section 18290) of Part
6 of Division 9 of the Welfare and Institutions Code. The remainder
shall be transferred, once a month, to the Controller for deposit in
equal amounts in the Domestic Violence Restraining Order
Reimbursement Fund and in the Domestic Violence Training and
Education Fund, which are hereby created, in an amount equal to
two-thirds of funds collected during the preceding month. Moneys
deposited into these funds pursuant to this section shall be
available upon appropriation by the Legislature and shall be
distributed each fiscal year as follows:
(A) Funds from the Domestic Violence Restraining Order
Reimbursement Fund shall be distributed to local law enforcement or
other criminal justice agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(b) of Section 6380 of the Family Code, based on the annual
notification from the Department of Justice of the number of
restraining orders issued and registered in the state domestic
violence restraining order registry maintained by the Department of
Justice, for the development and maintenance of the domestic violence
restraining order databank system.
(B) Funds from the Domestic Violence Training and Education Fund
shall support a statewide training and education program to increase
public awareness of domestic violence and to improve the scope and
quality of services provided to the victims of domestic violence.
Grants to support this program shall be awarded on a competitive
basis and be administered by the State Department of Public Health,
in consultation with the statewide domestic violence coalition, which
is eligible to receive funding under this section.
(6) Successful completion of a batterer's program, as defined in
subdivision (c), or if none is available, another appropriate
counseling program designated by the court, for a period not less
than one year with periodic progress reports by the program to the
court every three months or less and weekly sessions of a minimum of
two hours class time duration. The defendant shall attend
consecutive weekly sessions, unless granted an excused absence for
good cause by the program for no more than three individual sessions
during the entire program, and shall complete the program within 18
months, unless, after a hearing, the court finds good cause to modify
the requirements of consecutive attendance or completion within 18
months.
(7) (A) (i) The court shall order the defendant to comply with all
probation requirements, including the requirements to attend
counseling, keep all program appointments, and pay program fees based
upon the ability to pay.
(ii) The terms of probation for offenders shall not be lifted
until all reasonable fees due to the counseling program have been
paid in full, but in no case shall probation be extended beyond the
term provided in subdivision (a) of Section 1203.1. If the court
finds that the defendant does not have the ability to pay the fees
based on the defendant's changed circumstances, the court may reduce
or waive the fees.
(B) Upon request by the batterer's program, the court shall
provide the defendant's arrest report, prior incidents of violence,
and treatment history to the program.
(8) The court also shall order the defendant to perform a
specified amount of appropriate community service, as designated by
the court. The defendant shall present the court with proof of
completion of community service and the court shall determine if the
community service has been satisfactorily completed. If sufficient
staff and resources are available, the community service shall be
performed under the jurisdiction of the local agency overseeing a
community service program.
(9) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative batterer's program.
(10) (A) Upon recommendation of the program, a court shall require
a defendant to participate in additional sessions throughout the
probationary period, unless it finds that it is not in the interests
of justice to do so, states its reasons on the record, and enters
them into the minutes. In deciding whether the defendant would
benefit from more sessions, the court shall consider whether any of
the following conditions exist:
(i) The defendant has been violence free for a minimum of six
months.
(ii) The defendant has cooperated and participated in the batterer'
s program.
(iii) The defendant demonstrates an understanding of and practices
positive conflict resolution skills.
(iv) The defendant blames, degrades, or has committed acts that
dehumanize the victim or puts at risk the victim's safety, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(v) The defendant demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(vi) The defendant has made threats to harm anyone in any manner.

(vii) The defendant has complied with applicable requirements
under paragraph (6) of subdivision (c) or subparagraph (C) to receive
alcohol counseling, drug counseling, or both.
(viii) The defendant demonstrates acceptance of responsibility for
the abusive behavior perpetrated against the victim.
(B) The program shall immediately report any violation of the
terms of the protective order, including any new acts of violence or
failure to comply with the program requirements, to the court, the
prosecutor, and, if formal probation has been ordered, to the
probation department. The probationer shall file proof of enrollment
in a batterer's program with the court within 30 days of conviction.

(C) Concurrent with other requirements under this section, in
addition to, and not in lieu of, the batterer's program, and unless
prohibited by the referring court, the probation department or the
court may make provisions for a defendant to use his or her resources
to enroll in a chemical dependency program or to enter voluntarily a
licensed chemical dependency recovery hospital or residential
treatment program that has a valid license issued by the state to
provide alcohol or drug services to receive program participation
credit, as determined by the court. The probation department shall
document evidence of this hospital or residential treatment
participation in the defendant's program file.
(11) The conditions of probation may include, in lieu of a fine,
but not in lieu of the fund payment required under paragraph (5), one
or more of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the defendant'
s offense.
For any order to pay a fine, to make payments to a battered women'
s shelter, or to pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the
defendant's ability to pay. Determination of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. In no event shall any order
to make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. When the injury to a married
person is caused, in whole or in part, by the criminal acts of his or
her spouse in violation of this section, the community property
shall not be used to discharge the liability of the offending spouse
for restitution to the injured spouse, as required by Section
1203.04, as operative on or before August 2, 1995, or Section 1202.4,
or to a shelter for costs with regard to the injured spouse, until
all separate property of the offending spouse is exhausted.
(12) If it appears to the prosecuting attorney, the court, or the
probation department that the defendant is performing
unsatisfactorily in the assigned program, is not benefiting from
counseling, or has engaged in criminal conduct, upon request of the
probation officer, the prosecuting attorney, or on its own motion,
the court, as a priority calendar item, shall hold a hearing to
determine whether further sentencing should proceed. The court may
consider factors, including, but not limited to, any violence by the
defendant against the former or a new victim while on probation and
noncompliance with any other specific condition of probation. If the
court finds that the defendant is not performing satisfactorily in
the assigned program, is not benefiting from the program, has not
complied with a condition of probation, or has engaged in criminal
conduct, the court shall terminate the defendant's participation in
the program and shall proceed with further sentencing.
(b) If a person is granted formal probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code, in
addition to the terms specified in subdivision (a), all of the
following shall apply:
(1) The probation department shall make an investigation and take
into consideration the defendant's age, medical history, employment
and service records, educational background, community and family
ties, prior incidents of violence, police report, treatment history,
if any, demonstrable motivation, and other mitigating factors in
determining which batterer's program would be appropriate for the
defendant. This information shall be provided to the batterer's
program if it is requested. The probation department shall also
determine which community programs the defendant would benefit from
and which of those programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court.
(2) The court shall advise the defendant that the failure to
report to the probation department for the initial investigation, as
directed by the court, or the failure to enroll in a specified
program, as directed by the court or the probation department, shall
result in possible further incarceration. The court, in the interests
of justice, may relieve the defendant from the prohibition set forth
in this subdivision based upon the defendant's mistake or excusable
neglect. Application for this relief shall be filed within 20 court
days of the missed deadline. This time limitation may not be
extended. A copy of any application for relief shall be served on the
office of the prosecuting attorney.
(3) After the court orders the defendant to a batterer's program,
the probation department shall conduct an initial assessment of the
defendant, including, but not limited to, all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Substance abuse history.
(G) Consultation with the probation officer.
(H) Verbal consultation with the victim, only if the victim
desires to participate.
(I) Assessment of the future probability of the defendant
committing murder.
(4) The probation department shall attempt to notify the victim
regarding the requirements for the defendant's participation in the
batterer's program, as well as regarding available victim resources.
The victim also shall be informed that attendance in any program does
not guarantee that an abuser will not be violent.
(c) The court or the probation department shall refer defendants
only to batterer's programs that follow standards outlined in
paragraph (1), which may include, but are not limited to, lectures,
classes, group discussions, and counseling. The probation department
shall design and implement an approval and renewal process for
batterer's programs and shall solicit input from criminal justice
agencies and domestic violence victim advocacy programs.
(1) The goal of a batterer's program under this section shall be
to stop domestic violence. A batterer's program shall consist of the
following components:
(A) Strategies to hold the defendant accountable for the violence
in a relationship, including, but not limited to, providing the
defendant with a written statement that the defendant shall be held
accountable for acts or threats of domestic violence.
(B) A requirement that the defendant participate in ongoing
same-gender group sessions.
(C) An initial intake that provides written definitions to the
defendant of physical, emotional, ***ual, economic, and verbal abuse,
and the techniques for stopping these types of abuse.
(D) Procedures to inform the victim regarding the requirements for
the defendant's participation in the intervention program as well as
regarding available victim resources. The victim also shall be
informed that attendance in any program does not guarantee that an
abuser will not be violent.
(E) A requirement that the defendant attend group sessions free of
chemical influence.
(F) Educational programming that examines, at a minimum, gender
roles, socialization, the nature of violence, the dynamics of power
and control, and the effects of abuse on children and others.
(G) A requirement that excludes any couple counseling or family
counseling, or both.
(H) Procedures that give the program the right to assess whether
or not the defendant would benefit from the program and to refuse to
enroll the defendant if it is determined that the defendant would not
benefit from the program, so long as the refusal is not because of
the defendant's inability to pay. If possible, the program shall
suggest an appropriate alternative program.
(I) Program staff who, to the extent possible, have specific
knowledge regarding, but not limited to, spousal abuse, child abuse,
***ual abuse, substance abuse, the dynamics of violence and abuse,
the law, and procedures of the legal system.
(J) Program staff who are encouraged to utilize the expertise,
training, and assistance of local domestic violence centers.
(K) A requirement that the defendant enter into a written
agreement with the program, which shall include an outline of the
contents of the program, the attendance requirements, the requirement
to attend group sessions free of chemical influence, and a statement
that the defendant may be removed from the program if it is
determined that the defendant is not benefiting from the program or
is disruptive to the program.
(L) A requirement that the defendant sign a confidentiality
statement prohibiting disclosure of any information obtained through
participating in the program or during group sessions regarding other
participants in the program.
(M) Program content that provides cultural and ethnic sensitivity.

(N) A requirement of a written referral from the court or
probation department prior to permitting the defendant to enroll in
the program. The written referral shall state the number of minimum
sessions required by the court.
(O) Procedures for submitting to the probation department all of
the following uniform written responses:
(i) Proof of enrollment, to be submitted to the court and the
probation department and to include the fee determined to be charged
to the defendant, based upon the ability to pay, for each session.
(ii) Periodic progress reports that include attendance, fee
payment history, and program compliance.
(iii) Final evaluation that includes the program's evaluation of
the defendant's progress, using the criteria set forth in paragraph
(4) of subdivision (a) and recommendation for either successful or
unsuccessful termination or continuation in the program.
(P) A sliding fee schedule based on the defendant's ability to
pay. The batterer's program shall develop and utilize a sliding fee
scale that recognizes both the defendant's ability to pay and the
necessity of programs to meet overhead expenses. An indigent
defendant may negotiate a deferred payment schedule, but shall pay a
nominal fee, if the defendant has the ability to pay the nominal fee.
Upon a hearing and a finding by the court that the defendant does
not have the financial ability to pay the nominal fee, the court
shall waive this fee. The payment of the fee shall be made a
condition of probation if the court determines the defendant has the
present ability to pay the fee. The fee shall be paid during the term
of probation unless the program sets other conditions. The
acceptance policies shall be in accordance with the scaled fee
system.
(2) The court shall refer persons only to batterer's programs that
have been approved by the probation department pursuant to paragraph
(5). The probation department shall do both of the following:
(A) Provide for the issuance of a provisional approval, provided
that the applicant is in substantial compliance with applicable laws
and regulations and an urgent need for approval exists. A provisional
approval shall be considered an authorization to provide services
and shall not be considered a vested right.
(B) If the probation department determines that a program is not
in compliance with standards set by the department, the department
shall provide written notice of the noncompliant areas to the
program. The program shall submit a written plan of corrections
within 14 days from the date of the written notice on noncompliance.
A plan of correction shall include, but not be limited to, a
description of each corrective action and timeframe for
implementation. The department shall review and approve all or any
part of the plan of correction and notify the program of approval or
disapproval in writing. If the program fails to submit a plan of
correction or fails to implement the approved plan of correction, the
department shall consider whether to revoke or suspend approval and,
upon revoking or suspending approval, shall have the option to cease
referrals of defendants under this section.
(3) No program, regardless of its source of funding, shall be
approved unless it meets all of the following standards:
(A) The establishment of guidelines and criteria for education
services, including standards of services that may include lectures,
classes, and group discussions.
(B) Supervision of the defendant for the purpose of evaluating the
person's progress in the program.
(C) Adequate reporting requirements to ensure that all persons
who, after being ordered to attend and complete a program, may be
identified for either failure to enroll in, or failure to
successfully complete, the program or for the successful completion
of the program as ordered. The program shall notify the court and the
probation department, in writing, within the period of time and in
the manner specified by the court of any person who fails to complete
the program. Notification shall be given if the program determines
that the defendant is performing unsatisfactorily or if the defendant
is not benefiting from the education, treatment, or counseling.
(D) No victim shall be compelled to participate in a program or
counseling, and no program may condition a defendant's enrollment on
participation by the victim.
(4) In making referrals of indigent defendants to approved
batterer's programs, the probation department shall apportion these
referrals evenly among the approved programs.
(5) The probation department shall have the sole authority to
approve a batterer's program for probation. The program shall be
required to obtain only one approval but shall renew that approval
annually.
(A) The procedure for the approval of a new or existing program
shall include all of the following:
(i) The completion of a written application containing necessary
and pertinent information describing the applicant program.
(ii) The demonstration by the program that it possesses adequate
administrative and operational capability to operate a batterer's
treatment program. The program shall provide documentation to prove
that the program has conducted batterer's programs for at least one
year prior to application. This requirement may be waived under
subparagraph (A) of paragraph (2) if there is no existing batterer's
program in the city, county, or city and county.
(iii) The onsite review of the program, including monitoring of a
session to determine that the program adheres to applicable statutes
and regulations.
(iv) The payment of the approval fee.
(B) The probation department shall fix a fee for approval not to
exceed two hundred fifty dollars ($250) and for approval renewal not
to exceed two hundred fifty dollars ($250) every year in an amount
sufficient to cover its costs in administering the approval process
under this section. No fee shall be charged for the approval of local
governmental entities.
(C) The probation department has the sole authority to approve the
issuance, denial, suspension, or revocation of approval and to cease
new enrollments or referrals to a batterer's program under this
section. The probation department shall review information relative
to a program's performance or failure to adhere to standards, or
both. The probation department may suspend or revoke any approval
issued under this subdivision or deny an application to renew an
approval or to modify the terms and conditions of approval, based on
grounds established by probation, including, but not limited to,
either of the following:
(i) Violation of this section by any person holding approval or by
a program employee in a program under this section.
(ii) Misrepresentation of any material fact in obtaining the
approval.
(6) For defendants who are chronic users or serious abusers of
drugs or alcohol, standard components in the program shall include
concurrent counseling for substance abuse and violent behavior, and
in appropriate cases, detoxification and abstinence from the abused
substance.
(7) The program shall conduct an exit conference that assesses the
defendant's progress during his or her participation in the batterer'
s program.
(d) This section shall become operative on January 1, 2010.



1203.098. (a) Unless otherwise provided, a person who works as a
facilitator in a batterers' intervention program that provides
programs for batterers pursuant to subdivision (c) of Section
1203.097 shall complete the following requirements before being
eligible to work as a facilitator in a batterers' intervention
program:
(1) Forty hours of core-basic training. A minimum of eight hours
of this instruction shall be provided by a shelter-based or
shelter-approved trainer. The core curriculum shall include the
following components:
(A) A minimum of eight hours in basic domestic violence knowledge
focusing on victim safety and the role of domestic violence shelters
in a community-coordinated response.
(B) A minimum of eight hours in multicultural, cross cultural, and
multiethnic diversity and domestic violence.
(C) A minimum of four hours in substance abuse and domestic
violence.
(D) A minimum of four hours in intake and assessment, including
the history of violence and the nature of threats and substance
abuse.
(E) A minimum of eight hours in group content areas focusing on
gender roles and socialization, the nature of violence, the dynamics
of power and control, and the affects of abuse on children and others
as required by Section 1203.097.
(F) A minimum of four hours in group facilitation.
(G) A minimum of four hours in domestic violence and the law,
ethics, all requirements specified by the probation department
pursuant to Section 1203.097, and the role of batterers' intervention
programs in a coordinated-community response.
(H) Any person that provides documentation of coursework, or
equivalent training, that he or she has satisfactorily completed,
shall be exempt from that part of the training that was covered by
the satisfactorily completed coursework.
(I) The coursework that this person performs shall count towards
the continuing education requirement.
(2) Fifty-two weeks or no less than 104 hours in six months, as a
trainee in an approved batterers' intervention program with a minimum
of a two-hour group each week. A training program shall include at
least one of the following:
(A) Cofacilitation internship in which an experienced facilitator
is present in the room during the group session.
(B) Observation by a trainer of the trainee conducting a group
session via a one-way mirror.
(C) Observation by a trainer of the trainee conducting a group
session via a video or audio tape.
(D) Consultation and or supervision twice a week in a six-month
program or once a week in a 52-week program.
(3) An experienced facilitator is one who has the following
qualifications:
(A) Documentation on file, approved by the agency, evidencing that
the experienced facilitator has the skills needed to provide quality
supervision and training.
(B) Documented experience working with batterers for three years,
and a minimum of two years working with batterer's groups.
(C) Documentation by January 1, 2003, of coursework or equivalent
training that demonstrates satisfactory completion of the 40-hour
basic-core training.
(b) A facilitator of a batterers' intervention program shall
complete, as a minimum continuing education requirement, 16 hours
annually of continuing education in either domestic violence or a
related field with a minimum of 8 hours in domestic violence.
(c) A person or agency with a specific hardship may request the
probation department, in writing, for an extension of time to
complete the training or to complete alternative training options.
(d) (1) An experienced facilitator, as defined in paragraph (3) of
subdivision (a), is not subject to the supervision requirements of
this section, if they meet the requirements of subparagraph (C) of
paragraph (3) of subdivision (a).
(2) This section does not apply to a person who provides batterers'
treatment through a jail education program if the person in charge
of that program determines that such person has adequate education or
training in domestic violence or a related field.
(e) A person who satisfactorily completes the training
requirements of a county probation department whose training program
is equivalent to or exceeds the training requirements of this act
shall be exempt from the training requirements of this act.



1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the
court has ordered the defendant to pay restitution to multiple
victims and where the administrative cost of disbursing restitution
payments to multiple victims involves a significant cost, any
restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost-effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) (1) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(2) Upon conviction of any *** offense subjecting the defendant to
the registration requirements of Section 290, the court may order as
a condition of probation, at the request of the victim or in the
court's discretion, that the defendant stay away from the victim and
the victim's residence or place of employment, and that the defendant
have no contact with the victim in person, by telephone or
electronic means, or by mail.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit of the
county.


1203.1a. The probation officer of the county may authorize the
temporary removal under custody or temporary release without custody
of any inmate of the county jail, honor farm, or other detention
facility, who is confined or committed as a condition of probation,
after suspension of imposition of sentence or suspension of execution
of sentence, for purposes preparatory to his return to the
community, within 30 days prior to his release date, if he concludes
that such an inmate is a fit subject therefor. Any such temporary
removal shall not be for a period of more than three days. When an
inmate is released for purposes preparatory to his return to the
community, the probation officer may require the inmate to reimburse
the county, in whole or in part, for expenses incurred by the county
in connection therewith.



1203.1ab. Upon conviction of any offense involving the unlawful
possession, use, sale, or other furnishing of any controlled
substance, as defined in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code, in addition to any or all
of the terms of imprisonment, fine, and other reasonable conditions
specified in or permitted by Section 1203.1, unless it makes a
finding that this condition would not serve the interests of justice,
the court, when recommended by the probation officer, shall require
as a condition of probation that the defendant shall not use or be
under the influence of any controlled substance and shall submit to
drug and substance abuse testing as directed by the probation
officer. If the defendant is required to submit to testing and has
the financial ability to pay all or part of the costs associated with
that testing, the court shall order the defendant to pay a
reasonable fee, which shall not exceed the actual cost of the
testing.



1203.1b. (a) In any case in which a defendant is convicted of an
offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is granted
probation or given a conditional sentence, the probation officer, or
his or her authorized representative, taking into account any amount
that the defendant is ordered to pay in fines, assessments, and
restitution, shall make a determination of the ability of the
defendant to pay all or a portion of the reasonable cost of any
probation supervision or a conditional sentence, of conducting any
preplea investigation and preparing any preplea report pursuant to
Section 1203.7, of conducting any presentence investigation and
preparing any presentence report made pursuant to Section 1203, and
of processing a jurisdictional transfer pursuant to Section 1203.9 or
of processing a request for interstate compact supervision pursuant
to Sections 11175 to 11179, inclusive, whichever applies. The
reasonable cost of these services and of probation supervision or a
conditional sentence shall not exceed the amount determined to be the
actual average cost thereof. A payment schedule for the
reimbursement of the costs of preplea or presentence investigations
based on income shall be developed by the probation department of
each county and approved by the presiding judge of the superior
court. The court shall order the defendant to appear before the
probation officer, or his or her authorized representative, to make
an inquiry into the ability of the defendant to pay all or a portion
of these costs. The probation officer, or his or her authorized
representative, shall determine the amount of payment and the manner
in which the payments shall be made to the county, based upon the
defendant's ability to pay. The probation officer shall inform the
defendant that the defendant is entitled to a hearing, that includes
the right to counsel, in which the court shall make a determination
of the defendant's ability to pay and the payment amount. The
defendant must waive the right to a determination by the court of his
or her ability to pay and the payment amount by a knowing and
intelligent waiver.
(b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer the
matter to the court for the scheduling of a hearing to determine the
amount of payment and the manner in which the payments shall be
made. The court shall order the defendant to pay the reasonable
costs if it determines that the defendant has the ability to pay
those costs based on the report of the probation officer, or his or
her authorized representative. The following shall apply to a
hearing conducted pursuant to this subdivision:
(1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront and
cross-examine adverse witnesses, and to disclosure of the evidence
against the defendant, and a written statement of the findings of the
court or the probation officer, or his or her authorized
representative.
(2) At the hearing, if the court determines that the defendant has
the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum to
the county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.
(3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
the amount of any fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
(4) When the court determines that the defendant's ability to pay
is different from the determination of the probation officer, the
court shall state on the record the reason for its order.
(c) The court may hold additional hearings during the probationary
or conditional sentence period to review the defendant's financial
ability to pay the amount, and in the manner, as set by the probation
officer, or his or her authorized representative, or as set by the
court pursuant to this section.
(d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
(e) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include, but
shall not be limited to, the defendant's:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors that may bear upon the defendant's
financial capability to reimburse the county for the costs.
(f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the probation officer for a
review of the defendant's financial ability to pay or the rendering
court to modify or vacate its previous judgment on the grounds of a
change of circumstances with regard to the defendant's ability to pay
the judgment. The probation officer and the court shall advise the
defendant of this right at the time of rendering of the terms of
probation or the judgment.
(g) All sums paid by a defendant pursuant to this section shall be
allocated for the operating expenses of the county probation
department.
(h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed fifty dollars ($50).
(i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.




1203.1bb. (a) The reasonable cost of probation determined under
subdivision (a) of Section 1203.1b shall include the cost of
purchasing and installing an ignition interlock device pursuant to
Section 13386 of the Vehicle Code. Any defendant subject to this
section shall pay the manufacturer of the ignition interlock device
directly for the cost of its purchase and installation, in accordance
with the payment schedule ordered by the court. If practicable, the
court shall order payment to be made to the manufacturer of the
ignition interlock device within a six-month period.
(b) This section does not require any county to pay the costs of
purchasing and installing any ignition interlock devices ordered
pursuant to Section 13386 of the Vehicle Code. The Office of Traffic
Safety shall consult with the presiding judge or his or her designee
in each county to determine an appropriate means, if any, to provide
for installation of ignition interlock devices in cases in which the
defendant has no ability to pay.


1203.1c. (a) In any case in which a defendant is convicted of an
offense and is ordered to serve a period of confinement in a county
jail, city jail, or other local detention facility as a term of
probation or a conditional sentence, the court may, after a hearing,
make a determination of the ability of the defendant to pay all or a
portion of the reasonable costs of such incarceration, including
incarceration pending disposition of the case. The reasonable cost
of such incarceration shall not exceed the amount determined by the
board of supervisors, with respect to the county jail, and by the
city council, with respect to the city jail, to be the actual average
cost thereof on a per-day basis. The court may, in its discretion,
hold additional hearings during the probationary period. The court
may, in its discretion before such hearing, order the defendant to
file a statement setting forth his or her assets, liability and
income, under penalty of perjury, and may order the defendant to
appear before a county officer designated by the board of supervisors
to make an inquiry into the ability of the defendant to pay all or a
portion of such costs. At the hearing, the defendant shall be
entitled to have the opportunity to be heard in person or to be
represented by counsel, to present witnesses and other evidence, and
to confront and cross-examine adverse witnesses. A defendant
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to such representation at any hearing
held pursuant to this section. If the court determines that the
defendant has the ability to pay all or a part of the costs, the
court may set the amount to be reimbursed and order the defendant to
pay that sum to the county, or to the city with respect to
incarceration in the city jail, in the manner in which the court
believes reasonable and compatible with the defendant's financial
ability. Execution may be issued on the order in the same manner as
on a judgment in a civil action. The order to pay all or part of the
costs shall not be enforced by contempt.
If practicable, the court shall order payments to be made on a
monthly basis and the payments shall be made payable to the county
officer designated by the board of supervisors, or to a city officer
designated by the city council with respect to incarceration in the
city jail.
A payment schedule for reimbursement of the costs of incarceration
pursuant to this section based upon income shall be developed by the
county officer designated by the board of supervisors, or by the
city council with respect to incarceration in the city jail, and
approved by the presiding judge of the superior court in the county.

(b) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of incarceration
and includes, but is not limited to, the defendant's:
(1) Present financial obligations, including family support
obligations, and fines, penalties and other obligations to the court.

(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonable
discernible future position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors which may bear upon the defendant'
s financial ability to reimburse the county or city for the costs.
(c) All sums paid by a defendant pursuant to this section shall be
deposited in the general fund of the county or city.
(d) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors, and shall
be operative in a city upon the adoption of an ordinance to that
effect by the city council. Such ordinance shall include a
designation of the officer responsible for collection of moneys
ordered pursuant to this section and shall include a determination,
to be reviewed annually, of the average per-day costs of
incarceration in the county jail, city jail, or other local detention
facility.


1203.1d. (a) In determining the amount and manner of disbursement
under an order made pursuant to this code requiring a defendant to
make reparation or restitution to a victim of a crime, to pay any
money as reimbursement for legal assistance provided by the court, to
pay any cost of probation or probation investigation, to pay any
cost of jail or other confinement, or to pay any other reimbursable
costs, the court, after determining the amount of any fine and
penalty assessments, and a county financial evaluation officer when
making a financial evaluation, shall first determine the amount of
restitution to be ordered paid to any victim, and shall then
determine the amount of the other reimbursable costs.
If payment is made in full, the payment shall be apportioned and
disbursed in the amounts ordered by the court.
If reasonable and compatible with the defendant's financial
ability, the court may order payments to be made in installments.
(b) With respect to installment payments and amounts collected by
the Franchise Tax Board pursuant to Section 19280 of the Revenue and
Taxation Code and subsequently transferred by the Controller pursuant
to Section 19282 of the Revenue and Taxation Code, the board of
supervisors shall provide that disbursements be made in the following
order of priority:
(1) Restitution ordered to, or on behalf of, the victim pursuant
to subdivision (f) of Section 1202.4.
(2) The state surcharge ordered pursuant to Section 1465.7.
(3) Any fines, penalty assessments, and restitution fines ordered
pursuant to subdivision (b) of Section 1202.4. Payment of each of
these items shall be made on a proportional basis to the total amount
levied for all of these items.
(4) Any other reimburseable costs.
(c) The board of supervisors shall apply these priorities of
disbursement to orders or parts of orders in cases where defendants
have been ordered to pay more than one court order.
(d) Documentary evidence, such as bills, receipts, repair
estimates, insurance payment statements, payroll stubs, business
records, and similar documents relevant to the value of the stolen or
damaged property, medical expenses, and wages and profits lost shall
not be excluded as hearsay evidence.



1203.1e. (a) In any case in which a defendant is ordered to serve a
period of confinement in a county jail or other local detention
facility, and the defendant is eligible to be released on parole by
the county board of parole commissioners, the court shall, after a
hearing, make a determination of the ability of the person to pay all
or a portion of the reasonable cost of providing parole supervision.
The reasonable cost of those services shall not exceed the amount
determined to be the actual average cost of providing parole
supervision.
(b) If the court determines that the person has the ability to pay
all or part of the costs, the court may set the amount to be
reimbursed and order the person to pay that sum to the county in the
manner in which the court believes reasonable and compatible with the
person's financial ability. In making a determination of whether a
person has the ability to pay, the court shall take into account the
amount of any fine imposed upon the person and any amount the person
has been ordered to pay in restitution.
If practicable, the court shall order payments to be made on a
monthly basis as directed by the court. Execution may be issued on
the order in the same manner as a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
(c) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing parole supervision 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. In no event
shall the board consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of the hearing.
(4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the county for the costs.
(d) At any time during the pendency of the order made under this
section, a person against whom an order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
(e) All sums paid by any person pursuant to this section shall be
deposited in the general fund of the county.
(f) The parole of any person shall not be denied or revoked in
whole or in part based upon the inability or failure to pay under
this section.
(g) The county board of parole commissioners shall not have access
to offender financial data prior to the rendering of any parole
decision.
(h) This section shall become operative on January 1, 1995.



1203.1f. If practicable, the court shall consolidate the ability to
pay determination hearings authorized by this code into one
proceeding, and the determination of ability to pay made at the
consolidated hearing may be used for all purposes.




1203.1g. In any case in which a defendant is convicted of ***ual
assault on a minor, and the defendant is eligible for probation, the
court, as a condition of probation, shall order him or her to make
restitution for the costs of medical or psychological treatment
incurred by the victim as a result of the assault and that he or she
seek and maintain employment and apply that portion of his or her
earnings specified by the court toward those costs.
As used in this section, "***ual assault" has the meaning
specified in subdivisions (a) and (b) of Section 11165.1. The
defendant is entitled to a hearing concerning any modification of the
amount of restitution based on the costs of medical and
psychological treatment incurred by the victim subsequent to the
issuance of the order of probation.



1203.1h. (a) In addition to any other costs which a court is
authorized to require a defendant to pay, upon conviction of any
offense involving child abuse or neglect, the court may require that
the defendant pay to a law enforcement agency incurring the cost, the
cost of any medical examinations conducted on the victim in order to
determine the nature or extent of the abuse or neglect. If the
court determines that the defendant has the ability to pay all or
part of the medical examination costs, the court may set the amount
to be reimbursed and order the defendant to pay that sum to the law
enforcement agency in the manner in which the court believes
reasonable and compatible with the defendant's financial ability. In
making a determination of whether a defendant has the ability to
pay, the court shall take into account the amount of any fine imposed
upon the defendant and any amount the defendant has been ordered to
pay in restitution.
(b) In addition to any other costs which a court is authorized to
require a defendant to pay, upon conviction of any offense involving
***ual assault or attempted ***ual assault, including child
molestation, the court may require that the defendant pay, to the law
enforcement agency, county, or local governmental agency incurring
the cost, the cost of any medical examinations conducted on the
victim for the collection and preservation of evidence. If the court
determines that the defendant has the ability to pay all or part of
the cost of the medical examination, the court may set the amount to
be reimbursed and order the defendant to pay that sum to the law
enforcement agency, county, or local governmental agency, in the
manner in which the court believes reasonable and compatible with the
defendant's financial ability. In making the determination of
whether a defendant has the ability to pay, the court shall take into
account the amount of any fine imposed upon the defendant and any
amount the defendant has been ordered to pay in restitution. In no
event shall a court penalize an indigent defendant by imposing an
additional period of imprisonment in lieu of payment.



1203.1i. (a) In any case in which a defendant is convicted of a
violation of any building standards adopted by a local entity by
ordinance or resolution, including, but not limited to, local health,
fire, building, or safety ordinances or resolutions, or any other
ordinance or resolution relating to the health and safety of
occupants of buildings, by maintaining a substandard building, as
specified in Section 17920.3 of the Health and Safety Code, the
court, or judge thereof, in making an order granting probation, in
addition to any other orders, may order the defendant placed under
house confinement, or may order the defendant to serve both a term of
imprisonment in the county jail and to be placed under house
confinement.
This section only applies to violations involving a dwelling unit
occupied by persons specified in subdivision (a) of Section 1940 of
the Civil Code who are not excluded by subdivision (b) of that
section.
(b) If the court orders a defendant to serve all or part of his or
her sentence under house confinement, pursuant to subdivision (a),
he or she may also be ordered to pay the cost of having a police
officer or guard stand guard outside the area in which the defendant
has been confined under house confinement if it has been determined
that the defendant is able to pay these costs.
(c) As used in this section, "house confinement" means confinement
to a residence or location designated by the court and specified in
the probation order.


1203.1j. In any case in which the defendant is convicted of
assault, battery, or assault with a deadly weapon on a victim 65
years of age or older, and the defendant knew or reasonably should
have known the elderly status of the victim, the court, as a
condition of probation, shall order the defendant to make
restitution for the costs of medical or psychological treatment
incurred by the victim as a result of the crime, and that the
defendant seek and maintain legitimate employment and apply that
portion of his or her earnings specified by the court toward those
costs.
The defendant shall be entitled to a hearing, concerning any
modification of the amount of restitution, based on the costs of
medical and psychological treatment incurred by the victim subsequent
to the issuance of the order of probation.



1203.1k. For any order of restitution made under Section 1203.1,
the court may order the specific amount of restitution and the manner
in which restitution shall be made to a victim or the Restitution
Fund, to the extent that the victim has received payment from the
Victims of Crime Program, based on the probation officer's report or
it may, with the consent of the defendant, order the probation
officer to set the amount of restitution and the manner in which
restitution shall be made to a victim or the Restitution Fund, to the
extent that the victim has received payment from the Victims of
Crime Program. The defendant shall have the right to a hearing
before the judge to dispute the determinations made by the probation
officer in regard to the amount or manner in which restitution is to
be made to the victim or the Restitution Fund, to the extent that the
victim has received payment from the Victims of Crime Program. If
the court orders restitution to be made to the Restitution Fund, the
court, and not the probation officer, shall determine the amount and
the manner in which restitution is to be made to the Restitution
Fund.



1203.1l. In any case in which, pursuant to Section 1203.1, the
court orders the defendant, as a condition of probation, to make
restitution to a public agency for the costs of an emergency
response, all of the following shall apply:
(a) The probation department shall obtain the actual costs for an
emergency response from a public agency, and shall include the public
agency's documents supporting the actual costs for the emergency
response in the probation department's sentencing report to the
court.
(b) At the sentencing hearing, the defendant has the right to
confront witnesses and present evidence in opposition to the amount
claimed to be due to the public agency for its actual costs for the
emergency response.
(c) The collection of the emergency response costs is the
responsibility of the public agency seeking the reimbursement. If a
defendant fails to make restitution payment when a payment is due,
the public agency shall by verified declaration notify the probation
department of the delinquency. The probation department shall make
an investigation of the delinquency and shall make a report to the
court of the delinquency. The report shall contain any
recommendation that the probation officer finds to be relevant
regarding the delinquency and future payments. The court, after a
hearing on the delinquency, may make modifications to the existing
order in the furtherance of justice.
(d) The defendant has the right to petition the court for a
modification of the emergency response reimbursement order whenever
he or she has sustained a substantial change in economic
circumstances. The defendant has a right to a hearing on the
proposed modification, and the court may make any modification to the
existing order in the furtherance of justice.



1203.1m. (a) If a defendant is convicted of an offense and ordered
to serve a period of imprisonment in the state prison, the court may,
after a hearing, make a determination of the ability of the
defendant to pay all or a portion of the reasonable costs of the
imprisonment. The reasonable costs of imprisonment shall not exceed
the amount determined by the Director of Corrections to be the actual
average cost of imprisonment in the state prison on a per-day basis.

(b) The court may, in its discretion before any hearing, order the
defendant to file a statement setting forth his or her assets,
liability, and income, under penalty of perjury. At the hearing, the
defendant shall have the opportunity to be heard in person or
through counsel, to present witnesses and other evidence, and to
confront and cross-examine adverse witnesses. A defendant who is
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to representation at any hearing held
pursuant to this section. If the court determines that the defendant
has the ability to pay all or a part of the costs, the court shall
set the amount to be reimbursed and order the defendant to pay that
sum to the Department of Corrections for deposit in the General Fund
in the manner in which the court believes reasonable and compatible
with the defendant's financial ability. Execution may be issued on
the order in the same manner as on a judgment in a civil action. The
order to pay all or part of the costs shall not be enforced by
contempt.
(c) At any time during the pendency of an order made under this
section, a person against whom the order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
(d) If the amount paid by the defendant for imprisonment exceeds
the actual average cost of the term of imprisonment actually served
by the defendant, the amount paid by the defendant in excess of the
actual average cost shall be returned to the defendant within 60 days
of his or her release from the state prison.
(e) For the purposes of this section, in determining a defendant's
ability to pay, the court shall consider the overall ability of the
defendant to reimburse all or a portion of the costs of imprisonment
in light of the defendant's present and foreseeable financial
obligations, including family support obligations, restitution to the
victim, and fines, penalties, and other obligations to the court,
all of which shall take precedence over a reimbursement order made
pursuant to this section.
(f) For the purposes of this section, in determining a defendant's
ability to pay, the court shall not consider the following:
(1) The personal residence of the defendant, if any, up to a
maximum amount of the median home sales price in the county in which
the residence is located.
(2) The personal motor vehicle of the defendant, if any, up to a
maximum amount of ten thousand dollars ($10,000).
(3) Any other assets of the defendant up to a maximum amount of
the median annual income in California.



1203.2. (a) At any time during the probationary period of a person
released on probation under the care of a probation officer pursuant
to this chapter, or of a person released on conditional sentence or
summary probation not under the care of a probation officer, if any
probation officer or peace officer has probable cause to believe that
the probationer is violating any term or condition of his or her
probation or conditional sentence, the officer may, without warrant
or other process and at any time until the final disposition of the
case, rearrest the person and bring him or her before the court or
the court may, in its discretion, issue a warrant for his or her
rearrest. Upon such rearrest, or upon the issuance of a warrant for
rearrest the court may revoke and terminate such probation if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation officer or
otherwise that the person has violated any of the conditions of his
or her probation, has become abandoned to improper associates or a
vicious life, or has subsequently committed other offenses,
regardless whether he or she has been prosecuted for such offenses.
However, probation shall not be revoked for failure of a person to
make restitution pursuant to Section 1203.04 as a condition of
probation unless the court determines that the defendant has
willfully failed to pay and has the ability to pay. Restitution
shall be consistent with a person's ability to pay. The revocation,
summary or otherwise, shall serve to toll the running of the
probationary period.
(b) Upon its own motion or upon the petition of the probationer,
probation officer or the district attorney of the county in which the
probationer is supervised, the court may modify, revoke, or
terminate the probation of the probationer pursuant to this
subdivision. The court shall give notice of its motion, and the
probation officer or the district attorney shall give notice of his
or her petition to the probationer, his or her attorney of record,
and the district attorney or the probation officer, as the case may
be. The probationer shall give notice of his or her petition to the
probation officer and notice of any motion or petition shall be given
to the district attorney in all cases. The court shall refer its
motion or the petition to the probation officer. After the receipt
of a written report from the probation officer, the court shall read
and consider the report and either its motion or the petition and
may modify, revoke, or terminate the probation of the probationer
upon the grounds set forth in subdivision (a) if the interests of
justice so require.
The notice required by this subdivision may be given to the
probationer upon his or her first court appearance in the proceeding.
Upon the agreement by the probationer in writing to the specific
terms of a modification or termination of a specific term of
probation, any requirement that the probationer make a personal
appearance in court for the purpose of a modification or termination
shall be waived. Prior to the modification or termination and waiver
of appearance, the probationer shall be informed of his or her right
to consult with counsel, and if indigent the right to secure court
appointed counsel. If the probationer waives his or her right to
counsel a written waiver shall be required. If probationer consults
with counsel and thereafter agrees to a modification or termination
of the term of probation and waiver of personal appearance, the
agreement shall be signed by counsel showing approval for the
modification or termination and waiver.
(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of the Youth Authority
if he or she is otherwise eligible for such commitment.
(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If
probation has been revoked after the judgment has been pronounced,
the judgment and the order which revoked the probation may be set
aside for good cause within 30 days after the court has notice that
the execution of the sentence has commenced. If an order setting
aside the judgment, the revocation of probation, or both is made
after the expiration of the probationary period, the court may again
place the person on probation for that period and with those terms
and conditions as it could have done immediately following
conviction.


1203.2a. If any defendant who has been released on probation is
committed to a prison in this state or another state for another
offense, the court which released him or her on probation shall have
jurisdiction to impose sentence, if no sentence has previously been
imposed for the offense for which he or she was granted probation, in
the absence of the defendant, on the request of the defendant made
through his or her counsel, or by himself or herself in writing, if
such writing is signed in the presence of the warden of the prison in
which he or she is confined or the duly authorized representative of
the warden, and the warden or his or her representative attests both
that the defendant has made and signed such request and that he or
she states that he or she wishes the court to impose sentence in the
case in which he or she was released on probation, in his or her
absence and without him or her being represented by counsel.
The probation officer may, upon learning of the defendant's
imprisonment, and must within 30 days after being notified in writing
by the defendant or his or her counsel, or the warden or duly
authorized representative of the prison in which the defendant is
confined, report such commitment to the court which released him or
her on probation.
Upon being informed by the probation officer of the defendant's
confinement, or upon receipt from the warden or duly authorized
representative of any prison in this state or another state of a
certificate showing that the defendant is confined in prison, the
court shall issue its commitment if sentence has previously been
imposed. If sentence has not been previously imposed and if the
defendant has requested the court through counsel or in writing in
the manner herein provided to impose sentence in the case in which he
or she was released on probation in his or her absence and without
the presence of counsel to represent him or her, the court shall
impose sentence and issue its commitment, or shall make other final
order terminating its jurisdiction over the defendant in the case in
which the order of probation was made. If the case is one in which
sentence has previously been imposed, the court shall be deprived of
jurisdiction over defendant if it does not issue its commitment or
make other final order terminating its jurisdiction over defendant in
the case within 60 days after being notified of the confinement. If
the case is one in which sentence has not previously been imposed,
the court is deprived of jurisdiction over defendant if it does not
impose sentence and issue its commitment or make other final order
terminating its jurisdiction over defendant in the case within 30
days after defendant has, in the manner prescribed by this section,
requested imposition of sentence.
Upon imposition of sentence hereunder the commitment shall be
dated as of the date upon which probation was granted. If the
defendant is then in a state prison for an offense committed
subsequent to the one upon which he or she has been on probation, the
term of imprisonment of such defendant under a commitment issued
hereunder shall commence upon the date upon which defendant was
delivered to prison under commitment for his or her subsequent
offense. Any terms ordered to be served consecutively shall be
served as otherwise provided by law.
In the event the probation officer fails to report such commitment
to the court or the court fails to impose sentence as herein
provided, the court shall be deprived thereafter of all jurisdiction
it may have retained in the granting of probation in said case.




1203.3. (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, change, or terminate probation is subject to the
following:
(1) Before any sentence or term or condition of probation is
modified, a hearing shall be held in open court before the judge.
The prosecuting attorney shall be given a two-day written notice and
an opportunity to be heard on the matter, except that, as to
modifying or terminating a protective order in a case involving
domestic violence, as defined in Section 6211 of the Family Code, the
prosecuting attorney shall be given a five-day written notice and an
opportunity to be heard.
(A) If the sentence or term or condition of probation is modified
pursuant to this section, the judge shall state the reasons for that
modification on the record.
(B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all cases, if the court has not seen fit to revoke the
order of probation and impose sentence or pronounce judgment, the
defendant shall at the end of the term of probation or any extension
thereof, be by the court discharged subject to the provisions of
these sections.
(4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a protective order that is a
condition of probation in a case involving domestic violence, as
defined in Section 6211 of the Family Code. In determining whether
to limit or terminate the protective order, the court shall consider
if there has been any material change in circumstances since the
crime for which the order was issued, and any issue that relates to
whether there exists good cause for the change, including, but not
limited to, consideration of all of the following:
(A) Whether the probationer has accepted responsibility for the
abusive behavior perpetrated against the victim.
(B) Whether the probationer is currently attending and actively
participating in counseling sessions.
(C) Whether the probationer has completed parenting counseling, or
attended alcoholics or narcotics counseling.
(D) Whether the probationer has moved from the state, or is
incarcerated.
(E) Whether the probationer is still cohabiting, or intends to
cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation,
including consideration of any progress reports.
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
resources.
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.

(I) Whether the ends of justice would be served by limiting or
terminating the order.
(c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases covered by Section
1203.2.



1203.4. (a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
This subdivision shall apply to all applications for relief under
this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code, to any violation of subdivision
(c) of Section 286, Section 288, subdivision (c) of Section 288a,
Section 288.5, or subdivision (j) of Section 289, any felony
conviction pursuant to subdivision (d) of Section 261.5, or to any
infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does
not apply to a person who receives a notice to appear or is otherwise
charged with a violation of an offense described in subdivisions (a)
to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
(d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred twenty
dollars ($120), and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred twenty dollars
($120), and to reimburse any city for the actual costs of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the city council
not to exceed one hundred twenty dollars ($120). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
(e) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
It shall be presumed that the prosecuting attorney has received
notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
(g) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.



1203.4a. (a) Every defendant convicted of a misdemeanor and not
granted probation shall, at any time after the lapse of one year from
the date of pronouncement of judgment, if he or she has fully
complied with and performed the sentence of the court, is not then
serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in Section 12021.1 of this code or
Section 13555 of the Vehicle Code. The defendant shall be informed of
the provisions of this section, either orally or in writing, at the
time he or she is sentenced. The defendant may make an application
and change of plea in person or by attorney, or by the probation
officer authorized in writing; provided, that in any subsequent
prosecution of the defendant for any other offense, the prior
conviction may be pleaded and proved and shall have the same effect
as if relief had not been granted pursuant to this section.
This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
(b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of subdivision (b) of Section 42001 of the
Vehicle Code, or to any infraction.
(c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.



1203.45. (a) In a case in which a person was under the age of 18
years at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of 18
at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:

(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was under
the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) A person who petitions for an order sealing a record under
this section may be required to reimburse the court for the actual
cost of services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined by
the court not to exceed one hundred twenty dollars ($120), and to
reimburse the county for the actual cost of services rendered,
whether or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the county board of
supervisors not to exceed one hundred twenty dollars ($120), and to
reimburse any city for the actual cost of services rendered, whether
or not the petition is granted and the records are sealed or
expunged, at a rate to be determined by the city council not to
exceed one hundred twenty dollars ($120). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in a case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.



1203.5. The offices of adult probation officer, assistant adult
probation officer, and deputy adult probation officer are hereby
created. The probation officers, assistant probation officers, and
deputy probation officers appointed in accordance with Chapter 2
(commencing with Section 200) of Division 2 of Part 1 of the Welfare
and Institutions Code shall be ex officio adult probation officers,
assistant adult probation officers, and deputy adult probation
officers except in any county or city and county whose charter
provides for the separate office of adult probation officer. When
the separate office of adult probation officer has been established
he or she shall perform all the duties of probation officers except
for matters under the jurisdiction of the juvenile court. Any adult
probation officer may accept appointment as member of the Board of
Corrections and serve in that capacity in addition to his or her
duties as adult probation officer and may receive the per diem
allowance authorized in Section 6025.1.


1203.6. The adult probation officer shall be appointed and may be
removed for good cause in a county with two superior court judges, by
the presiding judge. In the case of a superior court of more than
two judges, a majority of the judges shall make the appointment, and
may effect removal.
The salary of the probation officer shall be established by the
board of supervisors.
The adult probation officer shall appoint and may remove all
assistants, deputies and other persons employed in the officer's
department, and their compensation shall be established, according to
the merit system or civil service system provisions of the county.
If no merit system or civil service system exists in the county, the
board of supervisors shall provide for appointment, removal, and
compensation of such personnel.
This section is applicable in a charter county whose charter
establishes the office of adult probation officer and provides that
the officer shall be appointed in accordance with general law subject
to the merit system provisions of the charter.



1203.7. (a) Either at the time of the arrest for a crime of any
person over 16 years of age, or at the time of the plea or verdict of
guilty, the probation officer of the county of the jurisdiction of
the crime shall, when so directed by the court, inquire into the
antecedents, character, history, family environment and offense of
that person. The probation officer shall report that information to
the court and file a written report in the records of the court. The
report shall contain his or her recommendation for or against the
release of the person on probation.
(b) If that person is released on probation and committed to the
care of the probation officer, the officer shall keep a complete and
accurate record of the history of the case in court and of the name
of the probation officer, and his or her acts in connection with the
case. This information shall include the age, ***, nativity,
residence, education, habits of temperance, marital status, and the
conduct, employment, occupation, parents' occupation, and the
condition of the person committed to his or her care during the term
of probation, and the result of probation. This record shall
constitute a part of the records of the court and shall at all times
be open to the inspection of the court or any person appointed by the
court for that purpose, as well as of all magistrates and the chief
of police or other head of the police, unless otherwise ordered by
the court.
(c) Five years after termination of probation in any case subject
to this section, the probation officer may destroy any records and
papers in his or her possession relating to the case.
(d) The probation officer shall furnish to each person released on
probation and committed to his or her care, a written statement of
the terms and conditions of probation, and shall report to the court
or judge appointing him or her, any violation or breach of the terms
and conditions imposed by the court on the person placed in his or
her care.



1203.71. Any of the duties of the probation officer may be
performed by a deputy probation officer and shall be performed by him
or her whenever detailed to perform those by the probation officer;
and it shall be the duty of the probation officer to see that the
deputy probation officer performs his or her duties.
The probation officer and each deputy probation officer shall
have, as to the person so committed to the care of the probation
officer or deputy probation officer, the powers of a peace officer.
The probation officers and deputy probation officers shall serve
as such probation officers in all courts having original jurisdiction
of criminal actions in this state.



1203.72. Except as provided in subparagraph (D) of paragraph (2) of
subdivision (b) of Section 1203, no court shall pronounce judgment
upon any defendant, as to whom the court has requested a probation
report pursuant to Section 1203.7, unless a copy of the probation
report has been made available to the court, the prosecuting
attorney, and the defendant or his or her attorney, at least two days
or, upon the request of the defendant, five days prior to the time
fixed by the court for consideration of the report with respect to
pronouncement of judgment. The report shall be filed with the clerk
of the court as a record in the case at the time the court considers
the report.
If the defendant is not represented by an attorney, the court,
upon ordering the probation report, shall also order the probation
officer who prepares the report to discuss its contents with the
defendant.



1203.73. The probation officers and deputy probation officers in
all counties of the state shall be allowed those necessary incidental
expenses incurred in the performance of their duties as required by
any law of this state, as may be authorized by a judge of the
superior court; and the same shall be a charge upon the county in
which the court appointing them has jurisdiction and shall be paid
out of the county treasury upon a warrant issued therefor by the
county auditor upon the order of the court; provided, however, that
in counties in which the probation officer is appointed by the board
of supervisors, the expenses shall be authorized by the probation
officer and claims therefor shall be audited, allowed and paid in the
same manner as other county claims.



1203.74. Upon a determination that, in his or her opinion, staff
and financial resources available to him or her are insufficient to
meet his or her statutory or court ordered responsibilities, the
probation officer shall immediately notify the presiding judge of the
superior court and the board of supervisors of the county, or city
and county, in writing. The notification shall explain which
responsibilities cannot be met and what resources are necessary in
order that statutory or court ordered responsibilities can be
properly discharged.


1203.8. (a) A county may develop a multiagency plan to prepare and
enhance nonviolent felony offenders' successful reentry into the
community. The plan shall be developed by, and have the concurrence
of, the presiding judge, the chief probation officer, the district
attorney, the local custodial agency, and the public defender, or
their designees, and shall be submitted to the board of supervisors
for its approval. The plan shall provide that when a report prepared
pursuant to Section 1203.10 recommends a state prison commitment, the
report shall also include, but not be limited to, the offender's
treatment, literacy, and vocational needs. Any sentence imposed
pursuant to this section shall include a recommendation for
completion while in state prison, all relevant programs to address
those needs identified in the assessment.
(b) The Department of Corrections and Rehabilitation is authorized
to enter into an agreement with up to three counties to implement
subdivision (a) and to provide funding for the purpose of the
probation department carrying out the assessment. The Department of
Corrections and Rehabilitation, to the extent feasible, shall provide
to the offender all programs pursuant to the court's recommendation.



1203.9. (a) Whenever any person is released upon probation, the
case may be transferred to any court of the same rank in any other
county in which the person resides permanently, meaning the stated
intention to remain for the duration of probation; provided that the
court of the receiving county shall first be given an opportunity to
determine whether the person does reside in and has stated the
intention to remain in that county for the duration of probation. If
the court finds that the person does not reside in or has not stated
an intention to remain in that county for the duration of probation,
it may refuse to accept the transfer. The court and the probation
department shall give the matter of investigating those transfers
precedence over all actions or proceedings therein, except actions or
proceedings to which special precedence is given by law, to the end
that all those transfers shall be completed expeditiously.
(b) Except as provided in subdivision (c), if the court of the
receiving county finds that the person does permanently reside in or
has permanently moved to the county, it may, in its discretion,
either accept the entire jurisdiction over the case, or assume
supervision of the probationer on a courtesy basis.
(c) Whenever a person is granted probation under Section 1210.1,
the sentencing court may, in its discretion, transfer jurisdiction of
the entire case, upon a finding by the receiving court of the person'
s permanent residency in the receiving county.
(d) The order of transfer shall contain an order committing the
probationer to the care and custody of the probation officer of the
receiving county and an order for reimbursement of reasonable costs
for processing the transfer to be paid to the sending county in
accordance with Section 1203.1b. A copy of the orders and probation
reports shall be transmitted to the court and probation officer of
the receiving county within two weeks of the finding by that county
that the person does permanently reside in or has permanently moved
to that county, and thereafter the receiving court shall have entire
jurisdiction over the case, with the like power to again request
transfer of the case whenever it seems proper.



1203.10. At the time of the plea or verdict of guilty of any person
over 18 years of age, the probation officer of the county of the
jurisdiction of said criminal shall, when so directed by the court,
inquire into the antecedents, character, history, family environment,
and offense of such person, and must report the same to the court
and file his report in writing in the records of such court. When
directed, his report shall contain his recommendation for or against
the release for such person on probation. If any such person shall
be released on probation and committed to the care of the probation
officer, such officer shall keep a complete and accurate record in
suitable books or other form in writing of the history of the case in
court, and of the name of the probation officer, and his act in
connection with said case; also the age, ***, nativity, residence,
education, habit of temperance, whether married or single, and the
conduct, employment and occupation, and parents' occupation, and
condition of such person committed to his care during the term of
such probation and the result of such probation. Such record of such
probation officer shall be and constitute a part of the records of
the court, and shall at all times be open to the inspection of the
court or of any person appointed by the court for that purpose, as
well as of all magistrates, and the chief of police, or other heads
of the police, unless otherwise ordered by the court. Said books of
records shall be furnished for the use of said probation officer of
said county, and shall be paid for out of the county treasury.
Five years after termination of probation in any case subject to
this section, the probation officer may destroy any records and
papers in his possession relating to such case.



1203.11. A probation or parole officer or parole agent of the
Department of Corrections may serve any process regarding the
issuance of a temporary restraining order or other protective order
against a person committed to the care of the probation or parole
officer or parole agent when the person appears for an appointment
with the probation or parole officer or parole agent at their office.



1203.12. The probation officer shall furnish to each person who has
been released on probation, and committed to his care, a written
statement of the terms and conditions of his probation unless such a
statement has been furnished by the court, and shall report to the
court, or judge, releasing such person on probation, any violation or
breach of the terms and conditions imposed by such court on the
person placed in his care.



1203.13. The probation officer of any county may establish, or
assist in the establishment of, any public council or committee
having as its object the prevention of crime, and may cooperate with
or participate in the work of any such councils or committees for the
purpose of preventing or decreasing crime, including the improving
of recreational, health, and other conditions in the community.



1203.14. Notwithstanding any other provision of law, probation
departments may engage in activities designed to prevent adult
delinquency. These activities include rendering direct and indirect
services to persons in the community. Probation departments shall
not be limited to providing services only to those persons on
probation being supervised under Section 1203.10, but may provide
services to any adults in the community.



1203a. In all counties and cities and counties the courts therein,
having jurisdiction to impose punishment in misdemeanor cases, shall
have the power to refer cases, demand reports and to do and require
all things necessary to carry out the purposes of Section 1203 of
this code insofar as they are in their nature applicable to
misdemeanors. Any such court shall have power to suspend the
imposing or the execution of the sentence, and to make and enforce
the terms of probation for a period not to exceed three years;
provided, that when the maximum sentence provided by law exceeds
three years imprisonment, the period during which sentence may be
suspended and terms of probation enforced may be for a longer period
than three years, but in such instance, not to exceed the maximum
time for which sentence of imprisonment might be pronounced.



1203b. All courts shall have power to suspend the imposition or
execution of a sentence and grant a conditional sentence in
misdemeanor and infraction cases without referring such cases to the
probation officer. Unless otherwise ordered by the court, persons
granted a conditional sentence in the community shall report only to
the court and the probation officer shall not be responsible in any
way for supervising or accounting for such persons.



1203c. (a) (1) Notwithstanding any other provisions of law,
whenever a person is committed to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation,
whether probation has been applied for or not, or granted and
revoked, it shall be the duty of the probation officer of the county
from which the person is committed to send to the Department of
Corrections and Rehabilitation a report of the circumstances
surrounding the offense and the prior record and history of the
defendant, as may be required by the Secretary of the Department of
Corrections and Rehabilitation.
(2) If the person is being committed to the jurisdiction of the
department for a conviction of an offense that requires him or her to
register as a *** offender pursuant to Section 290, the probation
officer shall include in the report the results of the
State-Authorized Risk Assessment Tool for *** Offenders (SARATSO)
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable.
(b) These reports shall accompany the commitment papers. The
reports shall be prepared in the form prescribed by the administrator
following consultation with the Corrections Standards Authority,
except that if the defendant is ineligible for probation, a report of
the circumstances surrounding the offense and the prior record and
history of the defendant, prepared by the probation officer on
request of the court and filed with the court before sentence, shall
be deemed to meet the requirements of paragraph (1) of subdivision
(a).
(c) In order to allow the probation officer an opportunity to
interview, for the purpose of preparation of these reports, the
defendant shall be held in the county jail for 48 hours, excluding
Saturdays, Sundays and holidays, subsequent to imposition of sentence
and prior to delivery to the custody of the Secretary of the
Department of Corrections and Rehabilitation, unless the probation
officer has indicated the need for a different period of time.




1203d. No court shall pronounce judgment upon any defendant, as to
whom the court has requested a probation report pursuant to Section
1203.10, unless a copy of the probation report has been made
available to the court, the prosecuting attorney, and the defendant
or his or her attorney, at least two days or, upon the request of the
defendant, five days prior to the time fixed by the court for
consideration of the report with respect to pronouncement of
judgment. The report shall be filed with the clerk of the court as a
record in the case at the time the court considers the report.
If the defendant is not represented by an attorney, the court,
upon ordering the probation report, shall also order the probation
officer who prepares the report to discuss its contents with the
defendant. Any waiver of the preparation of the report or the
consideration of the report by the court shall be as provided in
subdivision (b) of Section 1203, with respect to cases to which that
subdivision applies.
The sentence recommendations of the report shall also be made
available to the victim of the crime, or the victim's next of kin if
the victim has died, through the district attorney's office. The
victim or the victim's next of kin shall be informed of the
availability of this information through the notice provided pursuant
to Section 1191.1.



1203e. (a) Commencing June 1, 2010, the probation department shall
compile a Facts of Offense Sheet for every person convicted of an
offense that requires him or her to register as a *** offender
pursuant to Section 290 who is referred to the department pursuant to
Section 1203. The Facts of Offense Sheet shall contain the following
information concerning the offender: name; CII number; criminal
history, including all arrests and convictions for any registerable
*** offenses or any violent offense; circumstances of the offense for
which registration is required, including, but not limited to,
weapons used and victim pattern; and results of the State-Authorized
Risk Assessment Tool for *** Offenders (SARATSO), as set forth in
Section 290.04, if required. The Facts of Offense Sheet shall be
included in the probation officer's report.
(b) The defendant may move the court to correct the Facts of
Offense Sheet. Any corrections to that sheet shall be made consistent
with procedures set forth in Section 1204.
(c) The probation officer shall send a copy of the Facts of
Offense Sheet to the Department of Justice *** Offender Tracking
Program within 30 days of the person's *** offense conviction, and it
shall be made part of the registered *** offender's file maintained
by the *** Offender Tracking Program. The Facts of Offense Sheet
shall thereafter be made available to law enforcement by the
Department of Justice, which shall post it with the offender's record
on the Department of Justice Internet Web site maintained pursuant
to Section 290.46, and shall be accessible only to law enforcement.
(d) If the registered *** offender is sentenced to a period of
incarceration, at either the state prison or a county jail, the Facts
of Offense Sheet shall be sent by the Department of Corrections and
Rehabilitation or the county sheriff to the registering law
enforcement agency in the jurisdiction where the registered ***
offender will be paroled or will live on release, within three days
of the person's release. If the registered *** offender is committed
to the Department of Mental Health, the Facts of Offense Sheet shall
be sent by the Department of Mental Health to the registering law
enforcement agency in the jurisdiction where the person will live on
release, within three days of release.



1203f. Every probation department shall ensure that all
probationers under active supervision who are deemed to pose a high
risk to the public of committing *** crimes, as determined by the
State-Authorized Risk Assessment Tool for *** Offenders, as set forth
in Sections 290.04 to 290.06, inclusive, are placed on intensive and
specialized probation supervision and are required to report
frequently to designated probation officers. The probation department
may place any other probationer convicted of an offense that
requires him or her to register as a *** offender who is on active
supervision to be placed on intensive and specialized supervision and
require him or her to report frequently to designated probation
officers.



1203h. If the court initiates an investigation pursuant to
subdivision (a) or (d) of Section 1203 and the convicted person was
convicted of violating any section of this code in which a minor is a
victim of an act of abuse or neglect, then the investigation may
include a psychological evaluation to determine the extent of
counseling necessary for successful rehabilitation and which may be
mandated by the court during the term of probation. Such evaluation
may be performed by psychiatrists, psychologists, or licensed
clinical social workers. The results of the examination shall be
included in the probation officer's report to the court.




1204. The circumstances shall be presented by the testimony of
witnesses examined in open court, except that when a witness is so
sick or infirm as to be unable to attend, his deposition may be taken
by a magistrate of the county, out of court, upon such notice to the
adverse party as the court may direct. No affidavit or testimony,
or representation of any kind, verbal or written, can be offered to
or received by the court, or a judge thereof, in aggravation or
mitigation of the punishment, except as provided in this and the
preceding section. This section shall not be construed to prohibit
the filing of a written report by a defendant or defendant's counsel
on behalf of a defendant if such a report presents a study of his
background and personality and suggests a rehabilitation program. If
such a report is submitted, the prosecution or probation officer
shall be permitted to reply to or to evaluate the program.



1204.5. (a) In any criminal action, after the filing of any
complaint or other accusatory pleading and before a plea, finding, or
verdict of guilty, no judge shall read or consider any written
report of any law enforcement officer or witness to any offense, any
information reflecting the arrest or conviction record of a
defendant, or any affidavit or representation of any kind, verbal or
written, without the defendant's consent given in open court, except
as provided in the rules of evidence applicable at the trial, or as
provided in affidavits in connection with the issuance of a warrant
or the hearing of any law and motion matter, or in any application
for an order fixing or changing bail, or a petition for a writ.
(b) This section does not preclude a judge, who is not the
preliminary hearing or trial judge in the case, from considering any
information about the defendant for the purpose of that judge
adopting a pre-trial sentencing position or approving or disapproving
a guilty plea entered pursuant to Section 1192.5, if all of the
following occur:
(1) The defendant is represented by counsel, unless he or she
expressly waives the right to counsel.
(2) Any information provided to the judge for either of those
purposes is also provided to the district attorney and to the defense
counsel at least five days prior to any hearing or conference held
for the purpose of considering a proposed guilty plea or proposed
sentence.
(3) At any hearing or conference held for either of those
purposes, defense counsel or the district attorney is allowed to
provide information, either on or off the record, to supplement or
rebut the information provided pursuant to paragraph (2).



1205. (a) A judgment that the defendant pay a fine, with or without
other punishment, may also direct that he or she be imprisoned until
the fine is satisfied and may further direct that the imprisonment
begin at and continue after the expiration of any imprisonment
imposed as a part of the punishment or of any other imprisonment to
which he or she may theretofore have been sentenced. Each of these
judgments shall specify the extent of the imprisonment for nonpayment
of the fine, which shall not be more than one day for each thirty
dollars ($30) of the fine, nor exceed in any case the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she has been convicted. A defendant held in custody for
nonpayment of a fine shall be entitled to credit on the fine for each
day he or she is so held in custody, at the rate specified in the
judgment. When the defendant has been convicted of a misdemeanor, a
judgment that the defendant pay a fine may also direct that he or she
pay the fine within a limited time or in installments on specified
dates and that in default of payment as therein stipulated he or she
be imprisoned in the discretion of the court either until the
defaulted installment is satisfied or until the fine is satisfied in
full; but unless the direction is given in the judgment, the fine
shall be payable forthwith.
(b) Except as otherwise provided in case of fines imposed,
including restitution fines or restitution orders, as conditions of
probation, the defendant shall pay the fine to the clerk of the
court, or to the judge thereof if there is no clerk, unless the
defendant is taken into custody for nonpayment of the fine, in which
event payments made while he or she is in custody shall be made to
the officer who holds him or her in custody and all amounts so paid
shall be forthwith paid over by the officer to the court which
rendered the judgment. The clerk shall report to the court every
default in payment of a fine or any part thereof, or if there is no
clerk, the court shall take notice of the default. If time has been
given for payment of a fine or it has been made payable in
installments, the court shall, upon any default in payment,
immediately order the arrest of the defendant and order him or her to
show cause why he or she should not be imprisoned until the fine or
installment thereof, as the case may be, is satisfied in full. If
the fine, restitution fine, restitution order, or installment, is
payable forthwith and it is not so paid, the court shall without
further proceedings, immediately commit the defendant to the custody
of the proper officer to be held in custody until the fine or
installment thereof, as the case may be, is satisfied in full.
(c) This section applies to any violation of any of the codes or
statutes of this state punishable by a fine or by a fine and
imprisonment.
Nothing in this section shall be construed to prohibit the clerk
of the court, or the judge thereof if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.
(d) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors, except that the fee shall not
exceed thirty-five dollars ($35). The Legislature hereby authorizes
the establishment of the following program described in this
section, to be implemented in any county, upon the adoption of a
resolution by the board of supervisors authorizing it. The board of
supervisors in any county may establish a fee for the processing of
accounts receivable that are not to be paid in installments. The
defendant shall pay to the clerk of the court or the collecting
agency the fee established for the processing of the accounts. The
fee shall equal the administrative and clerical costs, as determined
by the board of supervisors, except that the fee shall not exceed
thirty dollars ($30).
(e) This section shall only apply to restitution fines and
restitution orders if the defendant has defaulted on the payment of
other fines.



1205.3. In any case in which a defendant is convicted of an offense
and granted probation, and the court orders the defendant either to
pay a fine or to perform specified community service work as a
condition of probation, the court shall specify that if community
service work is performed, it shall be performed in place of the
payment of all fines and restitution fines on a proportional basis,
and the court shall specify in its order the amount of the fine and
restitution fine and the number of hours of community service work
that shall be performed as an alternative to payment of the fine.



1207. When judgment upon a conviction is rendered, the clerk must
enter the judgment in the minutes, stating briefly the offense for
which the conviction was had, and the fact of a prior conviction, if
any. A copy of the judgment of conviction shall be filed with the
papers in the case.



1208. (a) The provisions of this section, insofar as they relate to
employment, shall be operative in any county in which the board of
supervisors by ordinance finds, on the basis of employment
conditions, the state of the county jail facilities, and other
pertinent circumstances, that the operation of this section, insofar
as it relates to employment, in that county is feasible. The
provisions of this section, insofar as they relate to job training,
shall be operative in any county in which the board of supervisors by
ordinance finds, on the basis of job training conditions, the state
of the county jail facilities, and other pertinent circumstances,
that the operation of this section, insofar as it relates to job
training, in that county is feasible. The provisions of this section,
insofar as they relate to education, shall be operative in any
county in which the board of supervisors by ordinance finds, on the
basis of education conditions, the state of the county jail
facilities, and other pertinent circumstances, that the operation of
this section, insofar as it relates to education, in that county is
feasible. In any ordinance the board shall prescribe whether the
sheriff, the probation officer, the director of the county department
of corrections, or the superintendent of a county industrial farm or
industrial road camp in the county shall perform the functions of
the work furlough administrator. The board may, in that ordinance,
provide for the performance of any or all functions of the work
furlough administrator by any one or more of those persons, acting
separately or jointly as to any of the functions; and may, by a
subsequent ordinance, revise the provisions within the authorization
of this section. The board of supervisors may also terminate the
operation of this section, either with respect to employment, job
training, or education in the county if it finds by ordinance that
because of changed circumstances, the operation of this section,
either with respect to employment, job training, or education in that
county is no longer feasible.
Notwithstanding any other provision of law, the board of
supervisors may by ordinance designate a facility for confinement of
prisoners classified for the work furlough program and designate the
work furlough administrator as the custodian of the facility. The
work furlough administrator may operate the work furlough facility
or, with the approval of the board of supervisors, administer the
work furlough facility pursuant to written contracts with appropriate
public or private agencies or private entities. No agency or
private entity may operate a work furlough program or facility
without a written contract with the work furlough administrator, and
no agency or private entity entering into a written contract may
itself employ any person who is in the work furlough program. The
sheriff or director of the county department of corrections, as the
case may be, is authorized to transfer custody of prisoners to the
work furlough administrator to be confined in a facility for the
period during which they are in the work furlough program.
All privately operated local work furlough facilities and programs
shall be under the jurisdiction of, and subject to the terms of a
written contract entered into with, the work furlough administrator.
Each contract shall include, but not be limited to, a provision
whereby the private agency or entity agrees to operate in compliance
with all appropriate state and local building, zoning, health,
safety, and fire statutes, ordinances, and regulations and the
minimum jail standards for Type IV facilities as established by
regulations adopted by the Board of Corrections, and a provision
whereby the private agency or entity agrees to operate in compliance
with Section 1208.2, which provides that no eligible person shall be
denied consideration for, or be removed from, participation in a work
furlough program because of an inability to pay all or a portion of
the program fees. The private agency or entity shall select and
train its personnel in accordance with selection and training
requirements adopted by the Board of Corrections as set forth in
Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1
of Title 15 of the California Code of Regulations. Failure to
comply with the appropriate health, safety, and fire laws or minimum
jail standards adopted by the board may be cause for termination of
the contract. Upon discovery of a failure to comply with these
requirements, the work furlough administrator shall notify the
privately operated program director that the contract may be canceled
if the specified deficiencies are not corrected within 60 days.
All private work furlough facilities and programs shall be
inspected biennially by the Board of Corrections unless the work
furlough administrator requests an earlier inspection pursuant to
Section 6031.1. Each private agency or entity shall pay a fee to the
Board of Corrections commensurate with the cost of those inspections
and a fee commensurate with the cost of the initial review of the
facility.
(b) When a person is convicted of a misdemeanor and sentenced to
the county jail, or is imprisoned in the county jail for nonpayment
of a fine, for contempt, or as a condition of probation for any
criminal offense, the work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
regular employment, direct that the person be permitted to continue
in that employment, if that is compatible with the requirements of
subdivision (c), or may authorize the person to secure employment
for himself or herself, unless the court at the time of sentencing or
committing has ordered that the person not be granted work
furloughs. The work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
job training program, direct that the person be permitted to continue
in that job training program, if that is compatible with the
requirements of subdivision (c), or may authorize the person to
secure local job training for himself or herself, unless the court at
the time of sentencing has ordered that person not be granted work
furloughs. The work furlough administrator may, if he or she
concludes that the person is a fit subject to continue in his or her
regular educational program, direct that the person be permitted to
continue in that educational program, if that is compatible with the
requirements of subdivision (c), or may authorize the person to
secure education for himself or herself, unless the court at the time
of sentencing has ordered that person not be granted work furloughs.

(c) If the work furlough administrator so directs that the
prisoner be permitted to continue in his or her regular employment,
job training, or educational program, the administrator shall arrange
for a continuation of that employment or for that job training or
education, so far as possible without interruption. If the prisoner
does not have regular employment or a regular job training or
educational program, and the administrator has authorized the
prisoner to secure employment, job training, or education for himself
or herself, the prisoner may do so, and the administrator may assist
the prisoner in doing so. Any employment, job training, or
education so secured shall be suitable for the prisoner. The
employment, and the job training or educational program if it
includes earnings by the prisoner, shall be at a wage at least as
high as the prevailing wage for similar work in the area where the
work is performed and in accordance with the prevailing working
conditions in that area. In no event may any employment, job
training, or educational program involving earnings by the prisoner
be permitted where there is a labor dispute in the establishment in
which the prisoner is, or is to be, employed, trained, or educated.
(d) Whenever the prisoner is not employed or being trained or
educated and between the hours or periods of employment, training, or
education, the prisoner shall be confined in the facility designated
by the board of supervisors for work furlough confinement unless the
work furlough administrator directs otherwise. If the prisoner is
injured during a period of employment, job training, or education,
the work furlough administrator shall have the authority to release
him or her from the facility for continued medical treatment by
private physicians or at medical facilities at the expense of the
employer, workers' compensation insurer, or the prisoner. The
release shall not be construed as assumption of liability by the
county or work furlough administrator for medical treatment obtained.

The work furlough administrator may release any prisoner
classified for the work furlough program for a period not to exceed
72 hours for medical, dental, or psychiatric care, or for family
emergencies or pressing business which would result in severe
hardship if the release were not granted, or to attend those
activities as the administrator deems may effectively promote the
prisoner's successful return to the community, including, but not
limited to, an attempt to secure housing, employment, entry into
educational programs, or participation in community programs.
(e) The earnings of the prisoner may be collected by the work
furlough administrator, and it shall be the duty of the prisoner's
employer to transmit the wages to the administrator at the latter's
request. Earnings levied upon pursuant to writ of execution or in
other lawful manner shall not be transmitted to the administrator.
If the administrator has requested transmittal of earnings prior to
levy, that request shall have priority. In a case in which the
functions of the administrator are performed by a sheriff, and the
sheriff receives a writ of execution for the earnings of a prisoner
subject to this section but has not yet requested transmittal of the
prisoner's earnings pursuant to this section, the sheriff shall first
levy on the earnings pursuant to the writ. When an employer or
educator transmits earnings to the administrator pursuant to this
subdivision, the sheriff shall have no liability to the prisoner for
those earnings. From the earnings the administrator shall pay the
prisoner's board and personal expenses, both inside and outside the
jail, and shall deduct so much of the costs of administration of this
section as is allocable to the prisoner or if the prisoner is unable
to pay that sum, a lesser sum as is reasonable, and, in an amount
determined by the administrator, shall pay the support of the
prisoner's dependents, if any. If sufficient funds are available
after making the foregoing payments, the administrator may, with the
consent of the prisoner, pay, in whole or in part, the preexisting
debts of the prisoner. Any balance shall be retained until the
prisoner's discharge. Upon discharge the balance shall be paid to
the prisoner.
(f) The prisoner shall be eligible for time credits pursuant to
Sections 4018 and 4019.
(g) In the event the prisoner violates the conditions laid down
for his or her conduct, custody, job training, education, or
employment, the work furlough administrator may order the balance of
the prisoner's sentence to be spent in actual confinement.
(h) Willful failure of the prisoner to return to the place of
confinement not later than the expiration of any period during which
he or she is authorized to be away from the place of confinement
pursuant to this section is punishable as provided in Section 4532.

(i) The court may recommend or refer a person to the work furlough
administrator for consideration for placement in the work furlough
program or a particular work furlough facility. The recommendation
or referral of the court shall be given great weight in the
determination of acceptance or denial for placement in the work
furlough program or a particular work furlough facility.
(j) As used in this section, the following definitions apply:
(1) "Education" includes vocational and educational training and
counseling, and psychological, drug abuse, alcoholic, and other
rehabilitative counseling.
(2) "Educator" includes a person or institution providing that
training or counseling.
(3) "Employment" includes care of children, including the daytime
care of children of the prisoner.
(4) "Job training" may include, but shall not be limited to, job
training assistance as provided through the Job Training Partnership
Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.).
(k) This section shall be known and may be cited as the "Cobey
Work Furlough Law."


1208.2. (a) (1) This section shall apply to individuals authorized
to participate in a work furlough program pursuant to Section 1208,
or to individuals authorized to participate in an electronic home
detention program pursuant to Section 1203.016, or to individuals
authorized to participate in a county parole program pursuant to
Article 3.5 (commencing with Section 3074) of Chapter 8 of Title 1 of
Part 3.
(2) As used in this section, as appropriate, "administrator" means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.
(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the person
is accepted, including equipment, supervision, and other operating
costs, except as provided in paragraph (2).
(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016, the limitation, described in
paragraph (1), in prescribing a program administrative fee and
application fee shall not apply.
(c) The correctional administrator, or his or her designee, shall
not have access to a person's financial data prior to granting or
denying a person's participation in, or assigning a person to, any of
the programs governed by this section.
(d) The correctional administrator, or his or her designee, shall
not consider a person's ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a person's
participation in, or assigning a person to, any of the programs
governed by this section.
(e) For purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision 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. In no event
shall the administrator, or his or her designee, consider a period
of more than six months from the date of acceptance into the program
for purposes of determining reasonably discernible future financial
position.
(3) Likelihood that the person shall be able to obtain employment
within the six-month period from the date of acceptance into the
program.
(4) Any other factor that may bear upon the person's financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).
(f) The administrator, or his or her designee, may charge a person
the fee set by the board of supervisors or any portion of the fee
and may determine the method and frequency of payment. Any fee the
administrator, or his or her designee, charges pursuant to this
section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person's ability to
pay. The administrator, or his or her designee, shall have the
option to waive the fees for program supervision when deemed
necessary, justified, or in the interests of justice. The fees
charged for program supervision may be modified or waived at any time
based on the changing financial position of the person. All fees
paid by persons for program supervision shall be deposited into the
general fund of the county.
(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the
program supervision fees. At any time during a person's sentence,
the person may request that the administrator, or his or her
designee, modify or suspend the payment of fees on the grounds of a
change in circumstances with regard to the person's ability to pay.
(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person's ability to
pay, or the amount which is to be paid, or the method and frequency
with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the
person and administrator, or his or her designee, have not been able
to reach agreement and the court shall then resolve the disagreement
by determining the person's ability to pay, the amount which is to be
paid, and the method and frequency with which payment is to be made.

(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her
designee, shall furnish the person a written statement of the person'
s rights in regard to the program for which the person has been
approved, including, but not limited to, both of the following:
(1) The fact that the person cannot be denied consideration for
or removed from participation in the program because of an inability
to pay.
(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person's
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall be
referred to the court to resolve the differences.
(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Sections 1203.016
and 1208, to enter into a contract with a private agency or entity to
provide specified program services, the program administrator shall
ensure that the provisions of this section are contained within any
contractual agreement for this purpose. All privately operated home
detention programs shall comply with all appropriate, applicable
ordinances and regulations specified in subdivision (a) of Section
1208.


1208.3. The administrator is not prohibited by subdivision (c) of
Section 1208.2 from verifying any of the following:
(a) That the prisoner is receiving wages at a rate of pay not less
than the prevailing minimum wage requirement as provided for in
subdivision (c) of Section 1208.
(b) That the prisoner is working a specified minimum number of
required hours.
(c) That the prisoner is covered under an appropriate or suitable
workers' compensation insurance plan as may otherwise be required by
law.
The purpose of the verification shall be solely to insure that the
prisoner's employment rights are being protected, that the prisoner
is not being taken advantage of, that the job is suitable for the
prisoner, and that the prisoner is making every reasonable effort to
make a productive contribution to the community.



1208.5. The boards of supervisors of two or more counties having
work furlough programs may enter into agreements whereby a person
sentenced to, or imprisoned in, the jail of one county, but regularly
residing in another county or regularly employed in another county,
may be transferred by the sheriff of the county in which he or she is
confined to the jail of the county in which he or she resides or is
employed, in order that he or she may be enabled to continue in his
or her regular employment or education in the other county through
the county's work furlough program. This agreement may make
provision for the support of transferred persons by the county from
which they are transferred. The board of supervisors of any county
may, by ordinance, delegate the authority to enter into these
agreements to the work furlough administrator.
This section shall become operative on January 1, 1999.



1209. Upon conviction of any criminal offense for which the court
orders the confinement of a person in the county jail, or other
suitable place of confinement, either as the final sentence or as a
condition of any grant of probation, and allows the person so
sentenced to continue in his or her regular employment by serving the
sentence on weekends or similar periods during the week other than
their regular workdays and by virtue of this schedule of serving the
sentence the prisoner is ineligible for work furlough under Section
1208, the county may collect from the defendant according to the
defendant's ability to pay so much of the costs of administration of
this section as are allocable to such defendant. The amount of this
fee shall not exceed the actual costs of such confinement and may be
collected prior to completion of each weekly or monthly period of
confinement until the entire sentence has been served, and the funds
shall be deposited in the county treasury pursuant to county
ordinance.
The court, upon allowing sentences to be served on weekends or
other nonemployment days, shall conduct a hearing to determine if the
defendant has the ability to pay all or a part of the costs of
administration without resulting in unnecessary economic hardship to
the defendant and his or her dependents. At the hearing, the
defendant shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, and to confront and cross-examine adverse
witnesses, and to disclosure of the evidence against the defendant,
and a written statement of the findings of the court. If the court
determines that the defendant has the ability to pay all or part of
the costs of administration without resulting in unnecessary economic
hardship to the defendant and his or her dependents, the court shall
advise the defendant of the provisions of this section and order him
or her to pay all or part of the fee as required by the sheriff,
probation officer, or Director of the County Department of
Corrections, whichever the case may be. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
As used in this section, the term "ability to pay" means the
overall capability of the defendant to reimburse the costs, or a
portion of the costs, and shall include, but shall not be limited to,
the following:
(a) The defendant's present financial position.
(b) The defendant's reasonably discernible future financial
position. In no event shall the court consider a period of more than
six months from the date of the hearing for purposes of determining
reasonably discernible future financial position.
(c) Likelihood that the defendant shall be able to obtain
employment within the six-month period from the date of the hearing.

(d) Any other factor or factors which may bear upon the defendant'
s financial capability to reimburse the county for the costs.
Execution may be issued on the order in the same manner as a
judgment in a civil action.
The order to pay all or part shall not be enforced by contempt.
At any time during the pendency of the judgment, a defendant against
whom a judgment has been rendered may petition the rendering court to
modify or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of making the judgment.


1209.5. Notwithstanding any other provision of law, any person
convicted of an infraction may, upon a showing that payment of the
total fine would pose a hardship on the defendant or his or her
family, be sentenced to perform community service in lieu of the
total fine that would otherwise be imposed. The defendant shall
perform community service at the hourly rate applicable to community
service work performed by criminal defendants. For purposes of this
section, the term "total fine" means the base fine and all
assessments, penalties, and additional moneys to be paid by the
defendant. For purposes of this section, the hourly rate applicable
to community service work by criminal defendants shall be determined
by dividing the total fine by the number of hours of community
service ordered by the court to be performed in lieu of the total
fine.


1210. As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health and
Safety Code, the following definitions apply:
(a) The term "nonviolent drug possession offense" means the
unlawful personal use, possession for personal use, or transportation
for personal use of any controlled substance identified in Section
11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, or
the offense of being under the influence of a controlled substance
in violation of Section 11550 of the Health and Safety Code. The term
"nonviolent drug possession offense" does not include the possession
for sale, production, or manufacturing of any controlled substance
and does not include violations of Section 4573.6 or 4573.8.
(b) The term "drug treatment program" or "drug treatment" means a
state licensed or certified community drug treatment program, which
may include one or more of the following: drug education, outpatient
services, narcotic replacement therapy, residential treatment,
detoxification services, and aftercare services. The term "drug
treatment program" or "drug treatment" includes a drug treatment
program operated under the direction of the Veterans Health
Administration of the Department of Veterans Affairs or a program
specified in Section 8001. That type of program shall be eligible to
provide drug treatment services without regard to the licensing or
certification provisions required by this subdivision. The term "drug
treatment program" or "drug treatment" does not include drug
treatment programs offered in a prison or jail facility.
(c) The term "successful completion of treatment" means that a
defendant who has had drug treatment imposed as a condition of
probation has completed the prescribed course of drug treatment as
recommended by the treatment provider and ordered by the court and,
as a result, there is reasonable cause to believe that the defendant
will not abuse controlled substances in the future. Completion of
treatment shall not require cessation of narcotic replacement
therapy.
(d) The term "misdemeanor not related to the use of drugs" means a
misdemeanor that does not involve (1) the simple possession or use
of drugs or drug paraphernalia, being present where drugs are used,
or failure to register as a drug offender, or (2) any activity
similar to those listed in (1).



1210.1. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (b), any person convicted of a nonviolent
drug possession offense shall receive probation. As a condition of
probation the court shall require participation in and completion of
an appropriate drug treatment program. The court shall impose
appropriate drug testing as a condition of probation. The court may
also impose, as a condition of probation, participation in vocational
training, family counseling, literacy training and/or community
service. A court may not impose incarceration as an additional
condition of probation. Aside from the limitations imposed in this
subdivision, the trial court is not otherwise limited in the type of
probation conditions it may impose. Probation shall be imposed by
suspending the imposition of sentence. No person shall be denied the
opportunity to benefit from the provisions of the Substance Abuse and
Crime Prevention Act of 2000 based solely upon evidence of a
co-occurring psychiatric or developmental disorder. To the greatest
extent possible, any person who is convicted of, and placed on
probation pursuant to this section for a nonviolent drug possession
offense shall be monitored by the court through the use of a
dedicated court calendar and the incorporation of a collaborative
court model of oversight that includes close collaboration with
treatment providers and probation, drug testing commensurate with
treatment needs, and supervision of progress through review hearings.

In addition to any fine assessed under other provisions of law,
the trial judge may require any person convicted of a nonviolent drug
possession offense who is reasonably able to do so to contribute to
the cost of his or her own placement in a drug treatment program.
(b) Subdivision (a) shall not apply to any of the following:
(1) Any defendant who previously has been convicted of one or more
violent or serious felonies as defined in subdivision (c) of Section
667.5 or subdivision (c) of Section 1192.7, respectively, unless the
nonviolent drug possession offense occurred after a period of five
years in which the defendant remained free of both prison custody and
the commission of an offense that results in a felony conviction
other than a nonviolent drug possession offense, or a misdemeanor
conviction involving physical injury or the threat of physical injury
to another person.
(2) Any defendant who, in addition to one or more nonviolent drug
possession offenses, has been convicted in the same proceeding of a
misdemeanor not related to the use of drugs or any felony.
(3) Any defendant who, while armed with a deadly weapon, with the
intent to use the same as a deadly weapon, unlawfully possesses or is
under the influence of any controlled substance identified in
Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety
Code.
(4) Any defendant who refuses drug treatment as a condition of
probation.
(5) Any defendant who has two separate convictions for nonviolent
drug possession offenses, has participated in two separate courses of
drug treatment pursuant to subdivision (a), and is found by the
court, by clear and convincing evidence, to be unamenable to any and
all forms of available drug treatment, as defined in subdivision (b)
of Section 1210. Notwithstanding any other provision of law, the
trial court shall sentence that defendant to 30 days in jail.
(c) (1) Any defendant who has previously been convicted of at
least three non-drug-related felonies for which the defendant has
served three separate prison terms within the meaning of subdivision
(b) of Section 667.5 shall be presumed eligible for treatment under
subdivision (a). The court may exclude such a defendant from
treatment under subdivision (a) where the court, pursuant to the
motion of the prosecutor or its own motion, finds that the defendant
poses a present danger to the safety of others and would not benefit
from a drug treatment program. The court shall, on the record, state
its findings, the reasons for those findings.
(2) Any defendant who has previously been convicted of a
misdemeanor or felony at least five times within the prior 30 months
shall be presumed to be eligible for treatment under subdivision (a).
The court may exclude such a defendant from treatment under
subdivision (a) if the court, pursuant to the motion of the
prosecutor, or on its own motion, finds that the defendant poses a
present danger to the safety of others or would not benefit from a
drug treatment program. The court shall, on the record, state its
findings and the reasons for those findings.
(d) Within seven days of an order imposing probation under
subdivision (a), the probation department shall notify the drug
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days of receiving that notice, the
treatment provider shall prepare a treatment plan and forward it to
the probation department for distribution to the court and counsel.
The treatment provider shall provide to the probation department
standardized treatment progress reports, with minimum data elements
as determined by the department, including all drug testing results.
At a minimum, the reports shall be provided to the court every 90
days, or more frequently, as the court directs.
(1) If at any point during the course of drug treatment the
treatment provider notifies the probation department and the court
that the defendant is unamenable to the drug treatment being
provided, but may be amenable to other drug treatments or related
programs, the probation department may move the court to modify the
terms of probation, or on its own motion, the court may modify the
terms of probation after a hearing to ensure that the defendant
receives the alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the probation department and the court
that the defendant is unamenable to the drug treatment provided and
all other forms of drug treatment programs pursuant to subdivision
(b) of Section 1210, the probation department may move to revoke
probation. At the revocation hearing, if it is proved that the
defendant is unamenable to all drug treatment programs pursuant to
subdivision (b) of Section 1210, the court may revoke probation.
(3) Drug treatment services provided by subdivision (a) as a
required condition of probation may not exceed 12 months, unless the
court makes a finding supported by the record, that the continuation
of treatment services beyond 12 months is necessary for drug
treatment to be successful. If such a finding is made, the court may
order up to two six-month extensions of treatment services. The
provision of treatment services under the Substance Abuse and Crime
Prevention Act of 2000 shall not exceed 24 months.
(e) (1) At any time after completion of drug treatment and the
terms of probation, the court shall conduct a hearing, and if the
court finds that the defendant successfully completed drug treatment,
and substantially complied with the conditions of probation,
including refraining from the use of drugs after the completion of
treatment, the conviction on which the probation was based shall be
set aside and the court shall dismiss the indictment, complaint, or
information against the defendant. In addition, except as provided in
paragraphs (2) and (3), both the arrest and the conviction shall be
deemed never to have occurred. The defendant may additionally
petition the court for a dismissal of charges at any time after
completion of the prescribed course of drug treatment. Except as
provided in paragraph (2) or (3), the defendant shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted.
(2) Dismissal of an indictment, complaint, or information pursuant
to paragraph (1) does not permit a person to own, possess, or have
in his or her custody or control any firearm capable of being
concealed upon the person or prevent his or her conviction under
Section 12021.
(3) Except as provided below, after an indictment, complaint, or
information is dismissed pursuant to paragraph (1), the defendant may
indicate in response to any question concerning his or her prior
criminal record that he or she was not arrested or convicted for the
offense. Except as provided below, a record pertaining to an arrest
or conviction resulting in successful completion of a drug treatment
program under this section may not, without the defendant's consent,
be used in any way that could result in the denial of any employment,
benefit, license, or certificate.
Regardless of his or her successful completion of drug treatment,
the arrest and conviction on which the probation was based may be
recorded by the Department of Justice and disclosed in response to
any peace officer application request or any law enforcement inquiry.
Dismissal of an information, complaint, or indictment under this
section does not relieve a defendant of the obligation to disclose
the arrest and conviction in response to any direct question
contained in any questionnaire or application for public office, for
a position as a peace officer as defined in Section 830, for
licensure by any state or local agency, for contracting with the
California State Lottery, or for purposes of serving on a jury.
(f) (1) If probation is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section. The
court may modify or revoke probation if the alleged violation is
proved.
(2) If a defendant receives probation under subdivision (a), and
violates that probation either by committing an offense that is not a
nonviolent drug possession offense, or by violating a
non-drug-related condition of probation, and the state moves to
revoke probation, the court may remand the defendant for a period not
exceeding 30 days during which time the court may receive input from
treatment, probation, the state, and the defendant, and the court
may conduct further hearings as it deems appropriate to determine
whether or not probation should be reinstated under this section. If
the court reinstates the defendant on probation, the court may modify
the treatment plan and any other terms of probation, and continue
the defendant in a treatment program under the Substance Abuse and
Crime Prevention Act of 2000. If the court reinstates the defendant
on probation, the court may, after receiving input from the treatment
provider and probation, if available, intensify or alter the
treatment plan under subdivision (a), and impose sanctions, including
jail sanctions not exceeding 30 days, a tool to enhance treatment
compliance.
(3) (A) If a defendant receives probation under subdivision (a),
and violates that probation either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in subdivision (d) of Section 1210, or by violating a
drug-related condition of probation, and the state moves to revoke
probation, the court shall conduct a hearing to determine whether
probation shall be revoked. The trial court shall revoke probation if
the alleged probation violation is proved and the state proves by a
preponderance of the evidence that the defendant poses a danger to
the safety of others. If the court does not revoke probation, it may
intensify or alter the drug treatment plan and in addition, if the
violation does not involve the recent use of drugs as a circumstance
of the violation, including, but not limited to, violations relating
to failure to appear at treatment or court, noncompliance with
treatment, and failure to report for drug testing, the court may
impose sanctions including jail sanctions that may not exceed 48
hours of continuous custody as a tool to enhance treatment compliance
and impose other changes in the terms and conditions of probation.
The court shall consider, among other factors, the seriousness of the
violation, previous treatment compliance, employment, education,
vocational training, medical conditions, medical treatment, including
narcotics replacement treatment, and including the opinion of the
defendant's licensed and treating physician if immediately available
and presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(B) If a defendant receives probation under subdivision (a), and
for the second time violates that probation either by committing a
nonviolent drug possession offense, or a misdemeanor for simple
possession or use of drugs or drug paraphernalia, being present where
drugs are used, or failure to register as a drug offender, or any
activity similar to those listed in subdivision (d) of Section 1210,
or by violating a drug-related condition of probation, and the state
moves to revoke probation, the court shall conduct a hearing to
determine whether probation shall be revoked. The trial court shall
revoke probation if the alleged probation violation is proved and the
state proves by a preponderance of the evidence either that the
defendant poses a danger to the safety of others or is unamenable to
drug treatment. In determining whether a defendant is unamenable to
drug treatment, the court may consider, to the extent relevant,
whether the defendant (i) has committed a serious violation of rules
at the drug treatment program, (ii) has repeatedly committed
violations of program rules that inhibit the defendant's ability to
function in the program, or (iii) has continually refused to
participate in the program or asked to be removed from the program.
If the court does not revoke probation, it may intensify or alter the
drug treatment plan, and may, in addition, if the violation does not
involve the recent use of drugs as a circumstance of the violation,
including, but not limited to, violations relating to failure to
appear at treatment or court, noncompliance with treatment, and
failure to report for drug testing, impose sanctions including jail
sanctions that may not exceed 120 hours of continuous custody as a
tool to enhance treatment compliance and impose other changes in the
terms and conditions of probation. The court shall consider, among
other factors, the seriousness of the violation, previous treatment
compliance, employment, education, vocational training, medical
conditions, medical treatment, including narcotics replacement
treatment, and including the opinion of the defendant's licensed and
treating physician if immediately available and presented at the
hearing, child support obligations, and family responsibilities. The
court shall consider additional conditions of probation, which may
include, but are not limited to, community service and supervised
work programs. If one of the circumstances of the violation involves
recent drug use, as well as other circumstances of violation, and the
circumstance of recent drug use is demonstrated to the court by
satisfactory evidence and a finding made on the record, the court
may, after receiving input from treatment and probation, if
available, direct the defendant to enter a licensed detoxification or
residential treatment facility, and if there is no bed immediately
available in the facility, the court may order that the defendant be
confined in a county jail for detoxification purposes only, if the
jail offers detoxification services, for a period not to exceed 10
days. Detoxification services must provide narcotic replacement
therapy for those defendants presently actually receiving narcotic
replacement therapy.
(C) If a defendant receives probation under subdivision (a), and
for the third or subsequent time violates that probation either by
committing a nonviolent drug possession offense, or by violating a
drug-related condition of probation, and the state moves for a third
or subsequent time to revoke probation, the court shall conduct a
hearing to determine whether probation shall be revoked. If the
alleged probation violation is proved, the defendant is not eligible
for continued probation under subdivision (a) unless the court
determines that the defendant is not a danger to the community and
would benefit from further treatment under subdivision (a). The court
may then either intensify or alter the treatment plan under
subdivision (a) or transfer the defendant to a highly structured drug
court. If the court continues the defendant in treatment under
subdivision (a), or drug court, the court may impose appropriate
sanctions including jail sanctions as the court deems appropriate.
(D) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation
either by committing a nonviolent drug possession offense, or a
misdemeanor for simple possession or use of drugs or drug
paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in subdivision (d) of Section 1210, or by violating a drug-related
condition of probation, and the state moves to revoke probation, the
court shall conduct a hearing to determine whether probation shall be
revoked. The trial court shall revoke probation if the alleged
probation violation is proved and the state proves by a preponderance
of the evidence that the defendant poses a danger to the safety of
others. If the court does not revoke probation, it may modify or
alter the treatment plan, and in addition, if the violation does not
involve the recent use of drugs as a circumstance of the violation,
including, but not limited to, violations relating to failure to
appear at treatment or court, noncompliance with treatment, and
failure to report for drug testing, the court may impose sanctions
including jail sanctions that may not exceed 48 hours of continuous
custody as a tool to enhance treatment compliance and impose other
changes in the terms and conditions of probation. The court shall
consider, among other factors, the seriousness of the violation,
previous treatment compliance, employment, education, vocational
training, medical conditions, medical treatment, including narcotics
replacement treatment, and including the opinion of the defendant's
licensed and treating physician if immediately available and
presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(E) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation a
second time either by committing a nonviolent drug possession
offense, or a misdemeanor for simple possession or use of drugs or
drug paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in subdivision (d) of Section 1210, or by violating a drug-related
condition of probation, and the state moves for a second time to
revoke probation, the court shall conduct a hearing to determine
whether probation shall be revoked. The trial court shall revoke
probation if the alleged probation violation is proved and the state
proves by a preponderance of the evidence either that the defendant
poses a danger to the safety of others or that the defendant is
unamenable to drug treatment. If the court does not revoke probation,
it may modify or alter the treatment plan, and in addition, if the
violation does not involve the recent use of drugs as a circumstance
of the violation, including, but not limited to, violations relating
to failure to appear at treatment or court, noncompliance with
treatment, and failure to report for drug testing, the court may
impose sanctions including jail sanctions that may not exceed 120
hours of continuous custody as a tool to enhance treatment compliance
and impose other changes in the terms and conditions of probation.
The court shall consider, among other factors, the seriousness of the
violation, previous treatment compliance, employment, education,
vocational training, medical conditions, medical treatment including
narcotics replacement treatment, and including the opinion of the
defendant's licensed and treating physician if immediately available
and presented at the hearing, child support obligations, and family
responsibilities. The court shall consider additional conditions of
probation, which may include, but are not limited to, community
service and supervised work programs. If one of the circumstances of
the violation involves recent drug use, as well as other
circumstances of violation, and the circumstance of recent drug use
is demonstrated to the court by satisfactory evidence and a finding
made on the record, the court may, after receiving input from
treatment and probation, if available, direct the defendant to enter
a licensed detoxification or residential treatment facility, and if
there is no bed immediately available in such a facility, the court
may order that the defendant be confined in a county jail for
detoxification purposes only, if the jail offers detoxification
services, for a period not to exceed 10 days. The detoxification
services must provide narcotic replacement therapy for those
defendants presently actually receiving narcotic replacement therapy.

(F) If a defendant on probation at the effective date of this act
for a nonviolent drug offense violates that probation a third or
subsequent time either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of probation, and
the state moves for a third or subsequent time to revoke probation,
the court shall conduct a hearing to determine whether probation
shall be revoked. If the alleged probation violation is proved, the
defendant is not eligible for continued probation under subdivision
(a), unless the court determines that the defendant is not a danger
to the community and would benefit from further treatment under
subdivision (a). The court may then either intensify or alter the
treatment plan under subdivision (a) or transfer the defendant to a
highly structured drug court. If the court continues the defendant in
treatment under subdivision (a), or drug court, the court may impose
appropriate sanctions including jail sanctions.
(g) The term "drug-related condition of probation" shall include a
probationer's specific drug treatment regimen, employment,
vocational training, educational programs, psychological counseling,
and family counseling.



1210.5. In a case where a person has been ordered to undergo drug
treatment as a condition of probation, any court ordered drug testing
shall be used as a treatment tool. In evaluating a probationer's
treatment program, results of any drug testing shall be given no
greater weight than any other aspects of the probationer's individual
treatment program.

[هيثم الفقى]

1210.7. (a) Notwithstanding any other provisions of law, a county
probation department may utilize continuous electronic monitoring to
electronically monitor the whereabouts of persons on probation, as
provided by this chapter.
(b) Any use of continuous electronic monitoring pursuant to this
chapter shall have as its primary objective the enhancement of public
safety through the reduction in the number of people being
victimized by crimes committed by persons on probation.
(c) It is the intent of the Legislature in enacting this chapter
to specifically encourage a county probation department acting
pursuant to this chapter to utilize a system of continuous electronic
monitoring that conforms with the requirements of this chapter.
(d) For purposes of this chapter, "continuous electronic
monitoring" may include the use of worldwide radio navigation system
technology, known as the Global Positioning System, or GPS. The
Legislature finds that because of its capability for continuous
surveillance, continuous electronic monitoring has been used in other
parts of the country to monitor persons on formal probation who are
identified as requiring a high level of supervision.
(e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on probation who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.



1210.8. A county probation department may utilize a continuous
electronic monitoring device pursuant to this section that has all of
the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is
stationary. The signal shall be capable of being received and tracked
across large urban or rural areas, statewide, and being received
from within structures, vehicles, and other objects to the degree
technically feasible in light of the associated costs, design, and
other considerations as are determined relevant by the county
probation department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or
willful damage.


1210.9. (a) A continuous electronic monitoring system may have the
capacity to immediately notify a county probation department of
violations, actual or suspected, of the terms of probation that have
been identified by the monitoring system if the requirement is deemed
necessary by the county probation officer with respect to an
individual person.
(b) The information described in subdivision (a), including
geographic location and tampering, may be used as evidence to prove a
violation of the terms of probation.



1210.10. A county probation department shall establish the
following standards as are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions
of information about the location of the person under supervision.
The standards shall be established after an evaluation of, at a
minimum, all of the following:
(1) The resources of the county probation department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the
location of the person under supervision. The standards shall be
established after consideration of, at a minimum, all of the
following:
(1) The need to identify the location of a person proximate to the
location of a crime, including a violation of probation.
(2) Resources of the probation department.
(3) The need to avoid false indications of proximity to crimes.



1210.11. (a) A county probation department operating a system of
continuous electronic monitoring pursuant to this section shall
establish prohibitions against unauthorized access to, and use of,
information by private or public entities as may be deemed
appropriate. Unauthorized access to, and use of, electronic signals
includes signals transmitted in any fashion by equipment utilized for
continuous electronic monitoring.
(b) Devices used pursuant to this section shall not be used to
eavesdrop or record any conversation, except a conversation between
the participant and the person supervising the participant that is to
be used solely for the purposes of voice identification.



1210.12. (a) A county chief probation officer shall have the sole
discretion, consistent with the terms and conditions of probation, to
decide which persons shall be supervised using continuous electronic
monitoring administered by the county probation department. No
individual shall be required to participate in continuous electronic
monitoring authorized by this chapter for any period of time longer
than the term of probation.
(b) The county chief probation officer shall establish written
guidelines that identify those persons on probation subject to
continuous electronic monitoring authorized by this chapter. These
guidelines shall include the need for enhancing monitoring in
comparison to other persons not subject to the enhanced monitoring
and the public safety needs that will be served by the enhanced
monitoring.



1210.13. A county chief probation officer may revoke, in his or her
discretion, the continuous monitoring of any individual.



1210.14. Whenever a probation officer supervising an individual has
reasonable cause to believe that the individual is not complying
with the rules or conditions set forth for the use of continuous
electronic monitoring as a supervision tool, the probation officer
supervising the individual may, without a warrant of arrest, take the
individual into custody for a violation of probation.



1210.15. (a) A chief probation officer may charge persons on
probation for the costs of any form of supervision that utilizes
continuous electronic monitoring devices that monitor the whereabouts
of the person pursuant to this chapter, upon a finding of the
ability to pay those costs. However, the department shall waive any
or all of that payment upon a finding of an inability to pay.
Inability to pay all or a portion of the costs of continuous
electronic monitoring authorized by this chapter shall not preclude
use of continuous electronic monitoring, and eligibility for
probation shall not be enhanced by reason of ability to pay.
(b) A chief probation officer may charge a person on probation
pursuant to subdivision (a) for the cost of continuous electronic
monitoring in accordance with Section 1203.1b provided the person has
first satisfied all other outstanding base fines, state and local
penalties, restitution fines, and restitution orders imposed by a
court.



1210.16. It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this chapter maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
(a) The chief probation officer may administer continuous
electronic monitoring pursuant to written contracts and appropriate
public or private agencies or entities to provide specified
supervision services. No public or private agency or entity may
operate a continuous electronic monitoring system as authorized by
this section in any county without a written contract with the county'
s probation department. No public or private agency or entity
entering into a contract may itself employ any person who is a
participant in continuous electronic monitoring surveillance.
(b) The county board of supervisors, the chief probation officer,
and designees of the chief probation officer shall comply with
Section 1090 of the Government Code in the consideration, making, and
execution of contracts pursuant to this section.

[هيثم الفقى]

1211. (a) In order to ensure the quality of drug diversion programs
provided pursuant to this chapter and Chapter 2.5 (commencing with
Section 1000) of Title 6, and to expand the availability of these
programs, the county drug program administrator in each county, in
consultation with representatives of the court and the county
probation department, shall establish minimum requirements, criteria,
and fees for the successful completion of drug diversion programs
which shall be approved by the county board of supervisors no later
than January 1, 1995. These minimum requirements shall include, but
not be limited to, all of the following:
(1) An initial assessment of each divertee, which may include all
of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Drug history and previous treatment.
(2) A minimum of 20 hours of either effective education or
counseling or any combination of both for each divertee.
(3) An exit conference which shall reflect the divertee's progress
during his or her participation in the program.
(4) Fee exemptions for persons who cannot afford to pay.
(b) The county drug program administrator shall implement a
certification procedure for drug diversion programs.
(c) The county drug program administrator shall recommend for
approval by the county board of supervisors programs pursuant to this
chapter. No program, regardless of how it is funded, may be
approved unless it meets the standards established by the
administrator, which shall include, but not be limited to, all of the
following:
(1) Guidelines and criteria for education and treatment services,
including standards of services which may include lectures, classes,
group discussions, and individual counseling. However, any class or
group discussion other than lectures, shall not exceed 15 persons at
any one meeting.
(2) Established and approved supervision, either on a regular or
irregular basis, of the person for the purpose of evaluating the
person's progress.
(3) A schedule of fees to be charged for services rendered to each
person under a county drug program plan in accordance with the
following provisions:
(A) Fees shall be used only for the purposes set forth in this
chapter.
(B) Fees for the treatment or rehabilitation of each participant
receiving services under a certified drug diversion program shall not
exceed the actual cost thereof, as determined by the county drug
program administrator according to standard accounting practices.
(C) Actual costs shall include both of the following:
(i) All costs incurred by the providers of diversion programs.
(ii) All expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter.
(d) The county shall require, as a condition of certification,
that the drug diversion program pay to the county drug program
administrator all expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter. No fee shall be required by any county
other than that county where the program is located.