reglab/housing_qa huggingface dataset:
CA Penal Code § 1001.95 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.96 - Court Initiated Misdemeanor Diversion|Section 1001.95.

1001.95.  (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.(2) A violation of Section 273.5.(3) A violation of subdivision (e) of Section 243.(4) A violation of Section 646.9.(Added by Stats. 2020, Ch. 334, Sec. 1. (AB 3234) Effective January 1, 2021.)
CA Penal Code § 1001.96 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.96 - Court Initiated Misdemeanor Diversion|Section 1001.96.

1001.96.  A defendant who is diverted pursuant to this chapter shall be required to complete all of the following in order to have their action dismissed:(a) Complete all conditions ordered by the court.(b) Make full restitution. However, a defendant’s inability to pay restitution due to indigence shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.(c) Comply with a court-ordered protective order, stay-away order, or order prohibiting firearm possession, if applicable.(Added by Stats. 2020, Ch. 334, Sec. 1. (AB 3234) Effective January 1, 2021.)
CA Penal Code § 1001.97 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.96 - Court Initiated Misdemeanor Diversion|Section 1001.97.

1001.97.  (a) Upon successful completion of the terms, conditions, or programs ordered by the court pursuant to Section 1001.95, the arrest upon which diversion was imposed shall be deemed to have never occurred. The defendant may indicate in response to any question concerning their prior criminal record that they were not arrested. A record pertaining to an arrest resulting in successful completion of the terms, conditions, or programs ordered by the court shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.(b) The defendant shall be advised that, regardless of their successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request and that, notwithstanding subdivision (a), this section does not relieve them of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Section 830.(Added by Stats. 2020, Ch. 334, Sec. 1. (AB 3234) Effective January 1, 2021.)
CA Penal Code § 1002 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1002.

1002.  The only pleading on the part of the defendant is either a demurrer or a plea.(Enacted 1872.)
CA Penal Code § 1003 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1003.

1003.  Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.(Enacted 1872.)
CA Penal Code § 1004 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1004.

1004.  The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either:1. If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein;2. That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information;3. That more than one offense is charged, except as provided in Section 954; 4. That the facts stated do not constitute a public offense;5. That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1005 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1005.

1005.  The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the accusatory pleading or it must be disregarded.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1006 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1006.

1006.  Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance. Such continuance shall be for no longer time than the ends of justice require, and the court shall enter in its minutes the facts requiring it.(Amended by Stats. 1927, Ch. 609.)
CA Penal Code § 1007 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1007.

1007.  Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled, the court must permit the defendant, at the defendant’s election, to plead, which the defendant must do forthwith, unless the court extends the time. If the demurrer is sustained, the court must, if the defect can be remedied by amendment, permit the indictment or information to be amended, either forthwith or within such time, not exceeding 10 days, as it may fix, or, if the defect or insufficiency therein cannot be remedied by amendment, the court may direct the filing of a new information or the submission of the case to the same or another grand jury. If the demurrer to a complaint is sustained, the court must, if the defect can be remedied, permit the filing of an amended complaint within such time not exceeding 10 days as it may fix. The orders made under this section shall be entered in the docket or minutes of the court.(Amended by Stats. 1998, Ch. 931, Sec. 382. Effective September 28, 1998.)
CA Penal Code § 1008 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1008.

1008.  If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended pleading is filed within the time fixed therefor, the action shall be dismissed, and, except as provided in Section 1010, the court must order, if the defendant is in custody, that he be discharged or if he has been admitted to bail, that his bail be exonerated, or, if money or other property has been deposited instead of bail for his appearance, that such money or other property be refunded to him or to the person or persons found by the court to have deposited such money or other property on his behalf.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1009 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1009.

1009.  An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defendant pleads or a demurrer to the original pleading is sustained. The court in which an action is pending may order or permit an amendment of an indictment, accusation or information, or the filing of an amended complaint, for any defect or insufficiency, at any stage of the proceedings, or if the defect in an indictment or information be one that cannot be remedied by amendment, may order the case submitted to the same or another grand jury, or a new information to be filed. The defendant shall be required to plead to such amendment or amended pleading forthwith, or, at the time fixed for pleading, if the defendant has not yet pleaded and the trial or other proceeding shall continue as if the pleading had been originally filed as amended, unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint, except that separate counts may be added which might properly have been joined in the original complaint. The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint.(Amended by Stats. 1998, Ch. 931, Sec. 383. Effective September 28, 1998.)
CA Penal Code § 1010 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1010.

1010.  When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect or insufficiency of the indictment or information, if the court directs that the case be resubmitted to the same or another grand jury or that a new information be filed, the defendant shall not be discharged from custody, nor the defendant’s bail exonerated nor money or other property deposited instead of bail on the defendant’s behalf refunded, but the same proceedings must be had on such direction as are prescribed in Sections 997 and 998.(Amended by Stats. 1998, Ch. 931, Sec. 384. Effective September 28, 1998.)
CA Penal Code § 1012 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 3 - Demurrer and Amendment|Section 1012.

1012.  When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take it shall be deemed a waiver thereof, except that the objection to the jurisdiction of the court and the objection that the facts stated do not constitute a public offense may be taken by motion in arrest of judgment.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1016 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1016.

1016.  There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:1. Guilty.2. Not guilty.3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.4. A former judgment of conviction or acquittal of the offense charged.5. Once in jeopardy.6. Not guilty by reason of insanity.A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged.(Amended by Stats. 1998, Ch. 931, Sec. 385. Effective September 28, 1998.)
CA Penal Code § 1016.3 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1016.3.

1016.3.  (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences.(b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.(c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court.(Added by Stats. 2015, Ch. 705, Sec. 2. (AB 1343) Effective January 1, 2016.)
CA Penal Code § 1016.7 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1016.7.

1016.7.  (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense:(1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.(2) The person is a youth, or was a youth at the time of the commission of the offense.(3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.(b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed.(Added by Stats. 2021, Ch. 695, Sec. 4. (AB 124) Effective January 1, 2022.)
CA Penal Code § 1016.8 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1016.8.

1016.8.  (a) The Legislature finds and declares all of the following:(1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general rule, plea agreements are deemed to incorporate the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy. That the parties enter into a plea agreement does not have the effect of insulating them from changes in the law that the Legislature has intended to apply to them.(2) In Boykin v. Alabama (1969) 395 U.S. 238, the United States Supreme Court held that because of the significant constitutional rights at stake in entering a guilty plea, due process requires that a defendant’s guilty plea be knowing, intelligent, and voluntary.(3) Waiver is the voluntary, intelligent, and intentional relinquishment of a known right or privilege (Estelle v. Smith (1981) 451 U.S. 454, 471, fn. 16, quoting Johnson v. Zerbst (1938) 304 U.S. 458, 464). Waiver requires knowledge that the right exists (Taylor v. U.S. (1973) 414 U.S. 17, 19).(4) A plea bargain that requires a defendant to generally waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may occur after the date of the plea is not knowing and intelligent.(b) A provision of a plea bargain that requires a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy.(c) For purposes of this section, “plea bargain” has the same meaning as defined in subdivision (b) of Section 1192.7.(Added by Stats. 2019, Ch. 586, Sec. 1. (AB 1618) Effective January 1, 2020.)
CA Penal Code § 1017 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1017.

1017.  Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by the official reporter if one is present. All pleas of guilty or nolo contendere to misdemeanors or felonies shall be oral or in writing. The plea, whether oral or in writing, shall be in substantially the following form:1. If the defendant plead guilty: “The defendant pleads that he or she is guilty of the offense charged.”2. If he or she plead not guilty: “The defendant pleads that he or she is not guilty of the offense charged.”3. If he or she plead a former conviction or acquittal: “The defendant pleads that he or she has already been convicted (or acquitted) of the offense charged, by the judgment of the court of ____ (naming it), rendered at ____ (naming the place), on the ____ day of ____.”4. If he or she plead once in jeopardy: “The defendant pleads that he or she has been once in jeopardy for the offense charged (specifying the time, place, and court).”5. If he or she plead not guilty by reason of insanity: “The defendant pleads that he or she is not guilty of the offense charged because he or she was insane at the time that he or she is alleged to have committed the unlawful act.”(Amended by Stats. 1990, Ch. 632, Sec. 2.)
CA Penal Code § 1018 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1018.

1018.  Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall that plea be received without the consent of the defendant’s counsel. No plea of guilty of a felony for which the maximum punishment is not death or life imprisonment without the possibility of parole shall be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him or her of the right to counsel and unless the court shall find that the defendant understands the right to counsel and freely waives it, and then only if the defendant has expressly stated in open court, to the court, that he or she does not wish to be represented by counsel. On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Upon indictment or information against a corporation a plea of guilty may be put in by counsel. This section shall be liberally construed to effect these objects and to promote justice.(Amended by Stats. 1991, Ch. 421, Sec. 1.)
CA Penal Code § 1019 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1019.

1019.  The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to which an answer is required by Section 1025.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1020 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1020.

1020.  All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty.(Amended by Stats. 1968, Ch. 122.)
CA Penal Code § 1021 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1021.

1021.  If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1022 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1022.

1022.  Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory pleading on which the trial was had.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1023 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1023.

1023.  When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar to another prosecution for the offense charged in such accusatory pleading, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that accusatory pleading.(Amended by Stats. 1951, Ch. 1674.)
CA Penal Code § 1024 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 4 - Plea|Section 1024.

1024.  If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.(Amended by Stats. 1951, Ch. 1674.)