"u.s.a"california penal code

[هيثم الفقى]

[align=left]

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.[/align]

[هيثم الفقى]

[align=left]

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.

[/align]

[هيثم الفقى]

[align=left]


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.

[/align]

[هيثم الفقى]

[align=left]

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.[/align]

[هيثم الفقى]

[align=left]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.[/align]

[هيثم الفقى]

[align=left]
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.
[/align]

[هيثم الفقى]

[align=left]
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.
[/align]

[هيثم الفقى]

[align=left]


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.[/align]

[هيثم الفقى]

[align=left]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.[/align]

[هيثم الفقى]

[align=left]
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.

[/align]