reglab/housing_qa huggingface dataset:
CA Penal Code § 273.75 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2 - Abandonment and Neglect of Children|Section 273.75.

273.75.  (a) On any charge involving acts of domestic violence as defined in subdivisions (a) and (b) of Section 13700 of the Penal Code or Sections 6203 and 6211 of the Family Code, the district attorney or prosecuting city attorney shall perform or cause to be performed, by accessing the electronic databases enumerated in subdivision (b), a thorough investigation of the defendant’s history, including, but not limited to, prior convictions for domestic violence, other forms of violence or weapons offenses and any current protective or restraining order issued by any civil or criminal court. This information shall be presented for consideration by the court (1) when setting bond or when releasing a defendant on his or her own recognizance at the arraignment, if the defendant is in custody, (2) upon consideration of any plea agreement, and (3) when issuing a protective order pursuant to Section 136.2 of the Penal Code, in accordance with subdivision (h) of that section. In determining bail or release upon a plea agreement, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.(b) For purposes of this section, the district attorney or prosecuting city attorney shall search or cause to be searched the following databases, when readily available and reasonably accessible:(1) The California Sex and Arson Registry (CSAR).(2) The Supervised Release File.(3) State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code.(4) The Federal Bureau of Investigation’s nationwide database.(5) Locally maintained criminal history records or databases.However, a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database.(c) If the investigation required by this section reveals a current civil protective or restraining order or a protective or restraining order issued by another criminal court and involving the same or related parties, and if a protective or restraining order is issued in the current criminal proceeding, the district attorney or prosecuting city attorney shall send relevant information regarding the contents of the order issued in the current criminal proceeding, and any information regarding a conviction of the defendant, to the other court immediately after the order has been issued. When requested, the information described in this subdivision may be sent to the appropriate family, juvenile, or civil court. When requested, and upon a showing of a compelling need, the information described in this section may be sent to a court in another state.(Amended by Stats. 2014, Ch. 54, Sec. 10. (SB 1461) Effective January 1, 2015.)
CA Penal Code § 273.8 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.8.

273.8.  The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California. The Legislature further finds that the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders. In enacting this chapter, the Legislature intends to support increased efforts by district attorneys’ and city attorneys’ offices to prosecute spousal abusers through organizational and operational techniques that have already proven their effectiveness in selected cities and counties in this and other states.(Amended by Stats. 1994, Ch. 599, Sec. 2. Effective September 16, 1994.)
CA Penal Code § 273.81 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.81.

273.81.  (a) There is hereby established in the Department of Justice a program of financial and technical assistance for district attorneys’ or city attorneys’ offices, designated the Spousal Abuser Prosecution Program. All funds appropriated to the Department of Justice for the purposes of this chapter shall be administered and disbursed by the Attorney General, and shall to the greatest extent feasible, be coordinated or consolidated with any federal or local funds that may be made available for these purposes.The Department of Justice shall establish guidelines for the provision of grant awards to proposed and existing programs prior to the allocation of funds under this chapter. These guidelines shall contain the criteria for the selection of agencies to receive funding and the terms and conditions upon which the Department of Justice is prepared to offer grants pursuant to statutory authority. The guidelines shall not constitute rules, regulations, orders, or standards of general application.(b) The Attorney General may allocate and award funds to cities or counties, or both, in which spousal abuser prosecution units are established or are proposed to be established in substantial compliance with the policies and criteria set forth in this chapter.(c) The allocation and award of funds shall be made upon application executed by the county’s district attorney or by the city’s attorney and approved by the county board of supervisors or by the city council. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Spousal Abuser Prosecution Program, be made available to support the prosecution of spousal abuser cases. Local grant awards made under this program shall not be subject to review as specified in Section 10295 of the Public Contract Code.(d) Local government recipients shall provide 20 percent matching funds for every grant awarded under this program.(Amended by Stats. 1994, Ch. 599, Sec. 3. Effective September 16, 1994.)
CA Penal Code § 273.82 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.82.

273.82.  Spousal abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified under selection criteria set forth in Section 273.83. Enhanced prosecution efforts and resources shall include, but not be limited to, all of the following:(a) (1) Vertical prosecutorial representation, whereby the prosecutor who, or prosecution unit that, makes all major court appearances on that particular case through its conclusion, including bail evaluation, preliminary hearing, significant law and motion litigation, trial, and sentencing.(2) Vertical counselor representation, whereby a trained domestic violence counselor maintains liaison from initial court appearances through the case’s conclusion, including the sentencing phase.(b) The assignment of highly qualified investigators and prosecutors to spousal abuser cases. “Highly qualified” for the purposes of this chapter means any of the following:(1) Individuals with one year of experience in the investigation and prosecution of felonies.(2) Individuals with at least two years of experience in the investigation and prosecution of misdemeanors.(3) Individuals who have attended a program providing domestic violence training as approved by the Office of Emergency Services or the Department of Justice.(c) A significant reduction of caseloads for investigators and prosecutors assigned to spousal abuser cases.(d) Coordination with local rape victim counseling centers, spousal abuse services programs, and victim-witness assistance programs. That coordination shall include, but not be limited to: referrals of individuals to receive client services; participation in local training programs; membership and participation in local task forces established to improve communication between criminal justice system agencies and community service agencies; and cooperating with individuals serving as liaison representatives of local rape victim counseling centers, spousal abuse victim programs, and victim-witness assistance programs.(Amended by Stats. 2013, Ch. 352, Sec. 403. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
CA Penal Code § 273.83 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.83.

273.83.  (a) An individual shall be the subject of a spousal abuser prosecution effort who is under arrest for any act or omission described in subdivisions (a) and (b) of Section 13700.(b) In applying the spousal abuser selection criteria set forth in subdivision (a), a district attorney or city attorney shall not reject cases for filing exclusively on the basis that there is a family or personal relationship between the victim and the alleged offender.(c) In exercising the prosecutorial discretion granted by Section 273.85, the district attorney or city attorney shall consider the number and seriousness of the offenses currently charged against the defendant.(Amended by Stats. 1994, Ch. 599, Sec. 5. Effective September 16, 1994.)
CA Penal Code § 273.84 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.84.

273.84.  Each district attorney’s or city attorney’s office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall adopt and pursue the following policies for spousal abuser cases:(a) All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charged defendant meeting spousal abuser selection criteria.(b) All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe authorized sentence upon a person convicted after prosecution as a spousal abuser. In the prosecution of an intrafamily sexual abuse case, discretion may be exercised as to the type and nature of sentence recommended to the court.(c) All reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of charge against an individual meeting spousal abuser criteria.(Amended by Stats. 2000, Ch. 135, Sec. 131. Effective January 1, 2001.)
CA Penal Code § 273.85 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.85.

273.85.  (a) The selection criteria set forth in Section 273.84 shall be adhered to for each spousal abuser case unless, in the reasonable exercise of prosecutor’s discretion, extraordinary circumstances require departure from those policies in order to promote the general purposes and intent of this chapter.(b) Each district attorney’s and city attorney’s office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall submit the following information, on a quarterly basis, to the Department of Justice:(1) The number of spousal abuser cases referred to the district attorney’s or city attorney’s office for possible filing.(2) The number of spousal abuser cases filed for prosecution.(3) The number of spousal abuser cases taken to trial.(4) The number of spousal abuser cases tried that resulted in conviction.(Amended by Stats. 1994, Ch. 599, Sec. 7. Effective September 16, 1994.)
CA Penal Code § 273.86 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.86.

273.86.  The characterization of a defendant as a “spousal abuser” as defined by this chapter shall not be communicated to the trier of fact.(Added by Stats. 1985, Ch. 1122, Sec. 1.)
CA Penal Code § 273.87 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.87.

273.87.  The Department of Justice is encouraged to utilize Federal Victims of Crimes Act (VOCA) funds or any other federal funds that may become available in order to implement this chapter.(Amended by Stats. 1994, Ch. 599, Sec. 8. Effective September 16, 1994.)
CA Penal Code § 273.88 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 2.5 - Spousal Abusers|Section 273.88.

273.88.  Administrative costs incurred by the Department of Justice pursuant to the Spousal Abuser Prosecution Program shall not exceed 5 percent of the total funds allocated for the program.(Added by Stats. 1994, Ch. 599, Sec. 9. Effective September 16, 1994.)
CA Penal Code § 278 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 278.

278.  Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.(Amended by Stats. 2011, Ch. 15, Sec. 313. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Penal Code § 278.5 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 278.5.

278.5.  (a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.(b) Nothing contained in this section limits the court’s contempt power.(c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.(Amended by Stats. 2011, Ch. 15, Sec. 314. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Penal Code § 278.6 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 278.6.

278.6.  (a) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in aggravation, including, but not limited to, all of the following:(1) The child was exposed to a substantial risk of physical injury or illness.(2) The defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child at the time of or during the abduction.(3) The defendant harmed or abandoned the child during the abduction.(4) The child was taken, enticed away, kept, withheld, or concealed outside the United States.(5) The child has not been returned to the lawful custodian.(6) The defendant previously abducted or threatened to abduct the child.(7) The defendant substantially altered the appearance or the name of the child.(8) The defendant denied the child appropriate education during the abduction.(9) The length of the abduction.(10) The age of the child.(b) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and circumstances in mitigation, including, but not limited to, both of the following:(1) The defendant returned the child unharmed and prior to arrest or issuance of a warrant for arrest, whichever is first.(2) The defendant provided information and assistance leading to the child’s safe return.(c) In addition to any other penalties provided for a violation of Section 278 or 278.5, a court shall order the defendant to pay restitution to the district attorney for any costs incurred in locating and returning the child as provided in Section 3134 of the Family Code, and to the victim for those expenses and costs reasonably incurred by, or on behalf of, the victim in locating and recovering the child. An award made pursuant to this section shall constitute a final judgment and shall be enforceable as such.(Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
CA Penal Code § 278.7 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 278.7.

278.7.  (a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.(b) Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.(c) The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:(1) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action. The report shall include the name of the person, the current address and telephone number of the child and the person, and the reasons the child was taken, enticed away, kept, withheld, or concealed.(2) Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, commence a custody proceeding in a court of competent jurisdiction consistent with the federal Parental Kidnapping Prevention Act (Section 1738A, Title 28, United States Code) or the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code).(3) Inform the district attorney’s office of any change of address or telephone number of the person and the child.(d) For the purposes of this article, a reasonable time within which to make a report to the district attorney’s office is at least 10 days and a reasonable time to commence a custody proceeding is at least 30 days. This section shall not preclude a person from making a report to the district attorney’s office or commencing a custody proceeding earlier than those specified times.(e) The address and telephone number of the person and the child provided pursuant to this section shall remain confidential unless released pursuant to state law or by a court order that contains appropriate safeguards to ensure the safety of the person and the child.(Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
CA Penal Code § 279 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 279.

279.  A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of the alleged offense is punishable in this state, whether the intent to commit the offense is formed within or outside of this state, if any of the following apply:(a) The child was a resident of, or present in, this state at the time the child was taken, enticed away, kept, withheld, or concealed.(b) The child thereafter is found in this state.(c) A lawful custodian or a person with a right to visitation is a resident of this state at the time the child was taken, enticed away, kept, withheld, or concealed.(Repealed and added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
CA Penal Code § 279.1 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 279.1.

279.1.  The offenses enumerated in Sections 278 and 278.5 are continuous in nature, and continue for as long as the minor child is concealed or detained.(Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
CA Penal Code § 279.5 (2021)
2021 California Code|Penal Code - PEN|PART 1 - OF CRIMES AND PUNISHMENTS|TITLE 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS|CHAPTER 4 - Child Abduction|Section 279.5.

279.5.  When a person is arrested for an alleged violation of Section 278 or 278.5, the court, in setting bail, shall take into consideration whether the child has been returned to the lawful custodian, and if not, shall consider whether there is an increased risk that the child may not be returned, or the defendant may flee the jurisdiction, or, by flight or concealment, evade the authority of the court.(Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)