reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 2 - Substance Abuse Treatment Control Units › Section 11562.

11562. When the Youth Authority concludes that there are reasonable grounds for believing that a person committed to its custody, and on parole, is addicted or habituated to, or is in imminent danger of addiction or habituation to, controlled substances or alcohol, it may, in accordance with procedures used to revoke parole, issue an order to detain or place that person in a substance abuse treatment control unit for not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of the Department of the Youth Authority to return to physical custody that person. Detention pursuant to the order shall not be deemed a suspension, cancellation, or revocation of parole unless the Youth Authority so orders pursuant to Section 1767.3 of the Welfare and Institutions Code.
With the consent of the Director of Corrections, the Director of the Youth Authority may, pursuant to this section, confine the addicted or habituated or potentially addicted or habituated person, over 18 years of age, in a substance abuse treatment control unit established by the Department of Corrections.
No person committed to the custody of the Youth Authority and on parole shall be placed in a substance abuse treatment control unit against his or her will.
(Amended by Stats. 1992, Ch. 465, Sec. 4. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 2 - Substance Abuse Treatment Control Units › Section 11563.

11563. When the parole authority concludes that there are reasonable grounds for believing that a woman on parole is addicted or habituated to, or is in imminent danger of addiction or habituation to, controlled substances or alcohol, it may, in accordance with procedures used to revoke parole, issue an order to detain or place the person in a substance abuse treatment control unit for a period not to exceed 90 days. The order shall be a sufficient warrant for any peace officer or employee of the Department of Corrections to return the person to physical custody . Detention pursuant to the order shall not be deemed a suspension, cancellation, or revocation of parole until such time as the parole authority so orders pursuant to Section 3060 of the Penal Code. A parolee taken into physical custody pursuant to Section 3060, 6043, or 6044 of the Penal Code may be detained in a substance abuse treatment control unit established pursuant to this article.
No woman on parole shall be placed in a substance abuse treatment control unit against her will.
(Amended by Stats. 1992, Ch. 695, Sec. 6. Effective September 15, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 2 - Substance Abuse Treatment Control Units › Section 11564.

11564. The authority granted to the parole authority and to the Department of the Youth Authority in no way limits Sections 3060 and 3325 of the Penal Code.
(Amended by Stats. 1992, Ch. 695, Sec. 7. Effective September 15, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 2 - Substance Abuse Treatment Control Units › Section 11565.

11565. For purposes of this article, “parole authority” has the same meaning as described in Section 3000 of the Penal Code.
(Added by Stats. 1992, Ch. 695, Sec. 8. Effective September 15, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11570.

11570. Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
(Amended by Stats. 1986, Ch. 1043, Sec. 1.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11571.

11571. If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, or exists in any county, the district attorney or county counsel of the county, or the city attorney of any incorporated city or of any city and county, in the name of the people, may, or any citizen of the state resident in the county, in his or her own name, may, maintain an action to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
(Amended by Stats. 2010, Ch. 570, Sec. 3. (AB 1502) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11571.1.

11571.1. (a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement. Where local laws duplicate or supplement this article, this article shall be construed as providing alternative remedies and not preempting the field.
(b) Nothing in this article shall prevent a tenant from receiving relief against a forfeiture of a lease pursuant to Section 1179 of the Code of Civil Procedure.
(Repealed and added by Stats. 2009, Ch. 244, Sec. 7. (AB 530) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11571.5.

11571.5. For purposes of this article, an action to abate a nuisance may be taken by the city attorney or city prosecutor of the city within which the nuisance exists, is kept, or is maintained. An action by a city attorney or city prosecutor shall be accorded the same precedence as an action maintained by the district attorney of the county.
(Added by Stats. 1986, Ch. 182, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11572.

11572. Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
(Amended by Stats. 1987, Ch. 1076, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11573.

11573. (a)  If the existence of the nuisance is shown in the action to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or judge shall allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the nuisance.
(b)  A temporary restraining order or injunction may enjoin subsequent owners, commercial lessees, or agents who acquire the building or place where the nuisance exists with notice of the temporary restraining order or injunction, specifying that the owner of the property subject to the temporary restraining order or injunction shall notify any prospective purchaser, commercial lessee, or other successor in interest of the existence of the order or injunction, and of its application to successors in interest, prior to entering into any agreement to sell or lease the property. The temporary restraining order or injunction shall not constitute a title defect, lien, or encumbrance on the real property.
(Amended by Stats. 2002, Ch. 1057, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11574.

11574. On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to the injunction.
(Amended by Stats. 1982, Ch. 517, Sec. 275.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11575.

11575. The action shall have precedence over all other actions, except criminal proceedings, election contests, hearings on injunctions, and actions to forfeit vehicles under this division.
(Repealed and added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11575.5.

11575.5. In any action for abatement instituted pursuant to this article, all evidence otherwise authorized by law, including evidence of reputation in a community, as provided in the Evidence Code, shall be admissible to prove the existence of a nuisance.
(Added by Stats. 1988, Ch. 1525, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11576.

11576. If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney, setting forth the reasons why the action should be dismissed, and by dismissal ordered by the court.
(Repealed and added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11577.

11577. In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11578.

11578. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, the costs shall be taxed against him.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11579.

11579. If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11580.

11580. A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not less than one nor more than six months, or by both.
A contempt may be based on a violation of any court order including failure to pay relocation assistance. Notwithstanding any other provision of law, any fines assessed for contempt shall first be held by the court and applied to satisfaction of the court’s order for relocation assistance pursuant to subdivision (d) of Section 11573.5.
Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the contempt penalties.
(Amended by Stats. 1988, Ch. 1525, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11582.

11582. While the order of abatement remains in effect, the building or place is in the custody of the court.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11583.

11583. For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11584.

11584. The proceeds of the sale of the movable property shall be applied as follows:
First—To the fees and costs of the removal and sale.
Second—To the allowances and costs of closing and keeping closed the building or place.
Third—To the payment of the plaintiff’s costs in the action.
Fourth—The balance, if any, to the owner of the property.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11585.

11585. If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, and allowances, the building and place shall then also be sold under execution issued upon the order of the court or judge and the proceeds of the sale shall be applied in like manner.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11586.

11586. (a)  If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any nuisance that may exist at the building or place and prevent it from being established or kept thereat within a period of one year thereafter, the court, or judge may, if satisfied of the owner’s good faith, order the building or place to be delivered to the owner, and the order of abatement canceled so far as it may relate to the property.
(b)  The release of property under the provisions of this division does not release it from any judgment, lien, penalty, or liability to which it may be subject.
(Amended by Stats. 1982, Ch. 517, Sec. 276.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 3 - Abatement › Section 11587.

11587. Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this division, the fine is a lien upon the building or place to the extent of his interest in it.
The lien is enforceable and collectible by execution issued by order of the court.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 4 - Registration of Controlled Substance Offenders › Section 11591.

11591. Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (12) of subdivision (d) of Section 11054, of any school employee, shall, provided that the sheriff, chief of police, or Commissioner of the California Highway Patrol knows that the arrestee is a school employee, do one of the following:
(a) If the school employee is a teacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the teacher and shall immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed. Upon receipt of the notice, the county superintendent of schools and the Commission on Teacher Credentialing shall immediately notify the governing board of the school district employing the person.
(b) If the school employee is a nonteacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the nonteacher and shall immediately give written notice of the arrest to the governing board of the school district employing the person.
(c) If the school employee is a teacher in any private school of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the private school authority employing the teacher and shall immediately give written notice of the arrest to the private school authority employing the teacher.
(d) If a person described in subdivision (a) was arrested for an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for a misdemeanor under Section 11360.
(Amended by Stats. 2019, Ch. 580, Sec. 3. (AB 1261) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 4 - Registration of Controlled Substance Offenders › Section 11591.5.

11591.5. (a) Every sheriff or chief of police, upon the arrest for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (9) of subdivision (d) of Section 11054, of any teacher or instructor employed in any community college district shall immediately notify by telephone the superintendent of the community college district employing the teacher or instructor and shall immediately give written notice of the arrest to the Office of the Chancellor of the California Community Colleges. Upon receipt of that notice, the district superintendent shall immediately notify the governing board of the community college district employing the person.
(b) If a person described in subdivision (a) was arrested for an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for a misdemeanor under Section 11360.
(Amended by Stats. 2019, Ch. 580, Sec. 4. (AB 1261) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 10 - Control of Users of Controlled Substances › ARTICLE 4 - Registration of Controlled Substance Offenders › Section 11594.

11594. All registration requirements set forth in this article, as it read on January 1, 2019, are terminated. The statements, photographs, and fingerprints obtained pursuant to this section, as it read on January 1, 2019, are not open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer.
(Repealed and added by Stats. 2019, Ch. 580, Sec. 8. (AB 1261) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 11 - Educational Programs › Section 11600.

11600. The Attorney General, the Board of Pharmacy, and other agencies shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs, he may do all of the following:
(a)  Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations.
(b)  Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances.
(c)  Consult with interested groups and organizations to aid them in solving administrative and organizational problems.
(d)  Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 11 - Educational Programs › Section 11601.

11601. The Attorney General shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this division, he or she may do all of the following:
(a) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this division.
(b) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting demonstrations or special projects that bear directly on misuse and abuse of controlled substances.
(c) (1) Authorize hospitals and trauma centers to share information with local law enforcement agencies, the Emergency Medical Services Authority, and local emergency medical services agencies about controlled substance overdose trends.
(2) The information provided by hospitals and trauma centers pursuant to this subdivision shall include only the number of overdoses and the substances suspected as the primary cause of the overdoses. Any information shared pursuant to this subdivision shall be shared in a manner that ensures complete patient confidentiality.
(Amended by Stats. 2014, Ch. 491, Sec. 3. (SB 1438) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 11 - Educational Programs › Section 11603.

11603. The Attorney General, with the approval of the Research Advisory Panel, may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 11 - Educational Programs › Section 11604.

11604. The Attorney General, with the approval of the Research Advisory Panel, may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 11 - Educational Programs › Section 11605.

11605. (a) Commencing with the 1991–92 fiscal year, the Attorney General, in consultation with the Governor’s Policy Council on Alcohol and Drug Abuse, shall conduct a biennial survey of drug and alcohol use among pupils enrolled in grades 7, 9, and 11. The survey shall assess all of the following:
(1) The frequency and type of substance abuse.
(2) The age of first use and intoxication.
(3) Pertinent attitudes and experiences of pupils.
(4) The experience of pupils with school-based drug and alcohol prevention programs.
(5) As an optional component, the survey may examine the risk factors associated with school dropouts.
(b) The biennial survey shall be based on a statewide sample of pupils enrolled in grades 7, 9, and 11 and shall be consistent with the surveys conducted by the office of the Attorney General in the 1985–86, 1987–88, and 1989–90 fiscal years.
(c) The Attorney General shall release the findings of the survey on or before May of each even-numbered year and shall prepare and distribute a report on the survey to the Legislature, the Governor, the Superintendent of Public Instruction, law enforcement agencies, school districts, and interested members of the general public.
(d) In conducting the survey, the Attorney General shall ensure that the confidentiality of participating school districts and pupils shall be maintained. Pupil questionnaires and answer sheets shall be exempt from the public disclosure requirements prescribed by Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(e) Persons reporting data pursuant to the requirements of this article shall not be liable for damages in any action based upon the use or misuse of pupil surveys that are mailed or otherwise transmitted to the Attorney General, or the Attorney General’s designee.
(f) The requirements prescribed by this article shall continue to be funded with the existing resources of the Attorney General.
(Amended by Stats. 2021, Ch. 615, Sec. 240. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 12 - Clandestine Laboratory Enforcement Program › Section 11640.

11640. The Legislature finds and declares that there has been a recent and rapid expansion in clandestine laboratories illegally producing a variety of controlled substances. These are increasingly sophisticated operations, frequently located in rural areas or working across jurisdictional lines, which pose substantial dangers to the general public from fire, explosion, and the toxic chemicals involved. The controlled substances these laboratories produce, such as analogs of fentanyl, phencyclidine, and methamphetamine, are extremely difficult to detect and analyze and have caused numerous deaths and serious injuries to those who use them.
The Legislature further finds and declares that, given the number and nature of clandestine laboratories, local law enforcement officials in most jurisdictions lack the training, specialized equipment, and resources to adequately enforce existing law. As a result, the public is increasingly endangered by the laboratories themselves while the controlled substances they produce pose a grave danger to those who use them.
It is the intent of the Legislature in establishing the Clandestine Laboratory Enforcement Program to provide increased funding for special training, equipment, personnel, and financial assistance to state and local law enforcement officials targeted on the investigation and prosecution of clandestine laboratories. The program shall also increase public awareness of the problems posed by clandestine laboratories and the products they produce.
(Added by Stats. 1986, Ch. 1029, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 12 - Clandestine Laboratory Enforcement Program › Section 11641.

11641. The Department of Justice shall establish a Clandestine Laboratory Enforcement Program to assist state and local law enforcement and prosecutorial agencies in apprehending and prosecuting persons involved in the unlawful manufacture of controlled substances.
(Added by Stats. 1986, Ch. 1029, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 12 - Clandestine Laboratory Enforcement Program › Section 11643.

11643. To the extent moneys are available therefor, the Department of Justice shall do the following:
(a) In cooperation with the Commission on Peace Officer Standards and Training provide advanced training to state and local law enforcement personnel on the unique skills, such as detection and identification of chemical substances, and safety precautions, such as safe handling, storage, and disposal of toxic substances, necessary to investigate clandestine laboratories illegally manufacturing controlled substances.
(b) Make safety equipment, such as protective clothing and breathing apparatus, available to local law enforcement officials, as needed, on a case-by-case basis in connection with investigation and abatement of laboratories illegally manufacturing controlled substances.
(c) Establish enhanced enforcement teams assigned to the investigation of clandestine laboratories illegally manufacturing controlled substances, particularly targeting cabals operating in multiple local jurisdictions. These teams shall include special agents trained in investigating clandestine laboratories, criminalists to analyze the chemicals involved, auditors to conduct financial investigations and initiate forfeiture proceedings pursuant to Chapter 8 (commencing with Section 11470) where warranted, and analysts to monitor the overall pattern and network of these clandestine laboratories across the state, to develop further cases, and to target law enforcement efforts where needed.
(Amended by Stats. 2012, Ch. 867, Sec. 11. (SB 1144) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 12 - Clandestine Laboratory Enforcement Program › Section 11644.

11644. To the extent moneys are available therefor, the Crime Prevention Center of the Department of Justice shall prepare and disseminate informational materials on the unique dangers posed by clandestine laboratories and the controlled substances they produce. The Crime Prevention Center shall increase public awareness in areas such as the health dangers created by the laboratories themselves, including how to identify and report them, and the unusual effects and dangers of synthetic substances such as analogs of fentanyl, MPPP, phencyclidine, and methamphetamines.
(Added by Stats. 1986, Ch. 1029, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 12 - Clandestine Laboratory Enforcement Program › Section 11647.

11647. (a) The Crank-Up Task Force Program is hereby created within the Department of Justice as part of the Clandestine Laboratory Enforcement Program with responsibility for establishing, conducting, supporting, and coordinating crank-up task forces composed of state and local law enforcement agencies targeting the investigation, seizure, and cleanup of clandestine laboratories used to manufacture methamphetamine.
(b) The department shall coordinate all investigations undertaken by task forces operating under the Crank-Up Task Force Program with all local agencies having law enforcement responsibilities within the jurisdictions involved. The department also shall solicit participation by appropriate federal agencies with task force investigations whenever possible.
The department shall provide staffing and logistical support for the crank-up task forces, supplying special agents, criminal intelligence analysts, forensic experts, financial auditors, equipment, and funding to the task forces as needed.
(c) Local law enforcement agencies participating in the Crank-Up Task Force Program shall be reimbursed by the department for personnel overtime costs and equipment or supplies required for task force activities.
(Amended by Stats. 2012, Ch. 867, Sec. 12. (SB 1144) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 13 - Miscellaneous › Section 11650.

11650. (a)  Prosecution for any violation of law occurring prior to the effective date of this division is not affected or abated by this division. If the offense being prosecuted is similar to one set out in Chapter 6 (commencing with Section 11350) of this division, then the penalties under Chapter 6 (commencing with Section 11350) apply if they are less than those under prior law.
(b)  Civil seizures or forfeitures and injunctive proceedings commenced prior to effective date of this division are not affected by this division.
(c)  All administrative proceedings pending under prior laws which are superseded by this division shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this division. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d)  This division applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after the effective date of this division.
(Amended by Stats. 1993, Ch. 589, Sec. 90. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 13 - Miscellaneous › Section 11651.

11651. Any orders and regulations promulgated pursuant to any law affected by this division and in effect on the effective date of this division, not in conflict with it continue in effect until modified, superseded, or repealed.
(Repealed and added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11701.

11701. The purpose of this division is to provide a civil remedy for damages to persons in a community injured as a result of the use of an illegal controlled substance. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to controlled substances in utero (“drug babies”). This division will enable them to recover damages from those persons in the community who have joined the marketing of illegal controlled substances. A further purpose of this division is to shift, to the extent possible, the cost of the damage caused by the existence of the market for illegal controlled substances in a community to those who illegally profit from that market. The further purpose of this division is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the distribution market for illegal controlled substances. The further purpose is to establish an incentive for users of illegal controlled substances to identify and seek payment for their own treatment from those dealers who have sold illegal controlled substances to the user in the past.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11702.

11702. The Legislature finds and declares all of the following:
(a)  Although the criminal justice system is an important weapon against the marketing of illegal controlled substances, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal controlled substances. The persons who have joined the marketing of illegal controlled substances should bear the cost of the harm caused by that market in the community.
(b)  The threat of liability under this division serves as an additional deterrent to a recognizable segment of the network for illegal controlled substances. A person who has assets unrelated to the sale of illegal controlled substances, who markets illegal controlled substances at the workplace, who encourages friends to become users, among others, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time, casual dealer who has not yet made substantial profits. This division provides a mechanism for the cost of the injury caused by illegal drug use to be borne by those who benefit from illegal drug dealing.
(c)  This division imposes liability against all participants in the marketing of illegal controlled substances, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. The small dealers increase the number of users and are the people who become large dealers. These small dealers are most likely to be deterred by the threat of liability.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11704.

11704. (a)  A person who knowingly participates in the marketing of illegal controlled substances within this state is liable for civil damages as provided in this division. A person may recover damages under this division for injury resulting from an individual’s use of an illegal controlled substance.
(b)  A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the marketing of illegal controlled substances, if the participation is in furtherance of an official investigation.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11706.

11706. (a) An individual user of an illegal controlled substance may not bring an action for damages caused by the use of an illegal controlled substance, except as otherwise provided in this section. An individual user of an illegal controlled substance may bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:
(1) The individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding all that individual’s sources of illegal controlled substances.
(2) The individual has not used an illegal controlled substance within the 30 days before filing the action.
(3) The individual continues to remain free of the use of an illegal controlled substance throughout the pendency of the action.
(b) A person entitled to bring an action under this section may seek damages only from a person who manufactured, transported, imported into this state, sold, possessed with intent to sell, furnished, administered, or gave away the specified illegal controlled substance actually used by the individual user of an illegal controlled substance.
(c) A person entitled to bring an action under this section may recover only the following damages:
(1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person’s use of an illegal controlled substance.
(2) Reasonable attorney fees.
(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
(Amended by Stats. 2005, Ch. 88, Sec. 2. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11707.

11707. (a)  A third party shall not pay damages awarded under this division, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
(b)  A cause of action authorized pursuant to this division may not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11708.

11708. A person, whose participation in the marketing of illegal controlled substances constitutes the following level offense, shall be rebuttably presumed to be responsible in the following amounts:
(a)  For a level 1 offense, 25 percent of the damages.
(b)  For a level 2 offense, 50 percent of the damages.
(c)  For a level 3 offense, 75 percent of the damages.
(d)  For a level 4 offense, 100 percent of the damages.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11709.

11709. (a)  Two or more persons may join in one action under this division as plaintiffs if their respective actions have at least one market for illegal controlled substances in common and if any portion of the period of use of an illegal controlled substance overlaps with the period of use of an illegal controlled substance for every other plaintiff.
(b)  Two or more persons may be joined in one action under this division as defendants if those persons are liable to at least one plaintiff.
(c)  A plaintiff need not participate in obtaining and a defendant need not participate in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11710.

11710. (a)  An action by an individual user of an illegal controlled substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
(b)  The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c)  Comparative responsibility shall not be attributed to a plaintiff who is not an individual user of a controlled substance, unless that plaintiff willfully and knowingly gave the individual user money for the purchase of the illegal controlled substance.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11711.

11711. A person subject to liability under this division has a right of action for contribution against another person subject to liability under this division. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this division and other laws against a person whom a defendant has asserted a right of contribution.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11712.

11712. (a)  Proof of liability in an action brought under this division shall be shown by clear and convincing evidence. Except as otherwise provided in this division, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b)  (1)  A person against whom recovery is sought who has a criminal conviction pursuant to state laws prohibiting the illegal sale of controlled substances or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stats. 1236, codified at 21 U.S.C. Sec. 801 et seq.), is estopped from denying participation in the illegal market for controlled substances. Except as provided in paragraph (2), this subdivision does not affect the plaintiff’s burden of proving subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (b) of Section 11705.
(2)  Such a conviction is also prima facie evidence of the person’s participation in the marketing of a specified illegal controlled substance used by the individual user where that conviction was based upon the person’s marketing of that same type of illegal controlled substance.
(c)  The absence of a criminal conviction of a person pursuant to subdivision (b) against whom recovery is sought does not bar an action against that person in an action pursuant to paragraph (1) of subdivision (b) of Section 11705, or Section 11706..
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10.2 - DRUG DEALER LIABILITY ACT › Section 11713.

11713. (a)  A plaintiff under this division, subject to subdivision (c), may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award.
(b)  Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure shall apply to any request under this subdivision.
(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)