reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 3.5 - Fingerprints and Photographs › Section 11112.2.

11112.2. The department shall develop a master plan recommending the type, number, and location of equipment necessary to implement RAN. The department shall also develop policy guidelines and administrative procedures to facilitate the implementation and use of RAN. The RAN master plan shall include reasonable interface specifications to access Cal-ID and shall be provided to any supplier of automated fingerprint identification systems interested in bidding on RAN by May 15, 1986.
The master plan shall provide for the use of facsimile and direct image “live read” fingerprint equipment under RAN, including point-of-booking terminals.
The department shall amend the master plan to include additional processing, matching, and communications equipment at the Department of Justice, and to recommend the type, number, and location of equipment necessary to implement facsimile and direct image “live read” fingerprint equipment as part of RAN, including point-of-booking terminals. Funding shall be on a shared basis between the state and a region pursuant to Section 11112.5.
(Amended by Stats. 1988, Ch. 1263, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 3.5 - Fingerprints and Photographs › Section 11112.3.

11112.3. (a) The Attorney General shall appoint a RAN Advisory Committee to review the master plan, policy guidelines, and administrative procedures prepared by the department and advise the Attorney General of any modifications the committee deems necessary. Final approval and acceptance of the RAN Advisory Committee proposals shall be made by the Attorney General.
(b) The RAN Advisory Committee shall be composed of one representative from each of the following: The League of California Cities, California Peace Officers’ Association, California District Attorneys’ Association, California Police Chiefs’ Association, California State Sheriffs’ Association, County Supervisors’ Association of California, Department of General Services, Office of Information Technology, and the Department of Justice. The members of the committee shall select a chairperson. The members shall serve without compensation, but reasonable and necessary travel and per diem expenses incurred by committee members shall be reimbursed by the department. The RAN Advisory Committee shall terminate January 1, 1989, unless extended by legislation enacted prior thereto.
(Added by Stats. 1985, Ch. 1234, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 3.5 - Fingerprints and Photographs › Section 11112.6.

11112.6. (a) The Cal-ID Telecommunications System shall be under the direction of the Attorney General and shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, or other public agency.
(b) The Cal-ID Telecommunications System shall provide telecommunication lines to one location in every participating county.
(c) The Cal-ID Telecommunications System shall be maintained at all times by the department with equipment and facilities adequate to meet the needs of law enforcement. The system shall be designed to accommodate present and future data transmission equipment.
(Added by Stats. 1985, Ch. 1234, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 3.5 - Fingerprints and Photographs › Section 11112.7.

11112.7. The Attorney General shall provide an annual status report to the Legislature beginning January 1, 1987, with the final report due January 1, 1990. The report shall include the status of the project to date, funds expended, and need, if any, for revision to the master plan.
(Amended by Stats. 1988, Ch. 1263, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11115.

11115. In any case in which a sheriff, police department or other law enforcement agency makes an arrest and transmits a report of the arrest to the Department of Justice or to the Federal Bureau of Investigation, it shall be the duty of such law enforcement agency to furnish a disposition report to such agencies whenever the arrested person is transferred to the custody of another agency or is released without having a complaint or accusation filed with a court. The disposition report in such cases shall be furnished to the appropriate agencies within 30 days of release or transfer to another agency.
If either of the following dispositions is made, the disposition report shall so state:
(a) “Arrested for intoxication and released,” when the arrested party is released pursuant to paragraph (2) of subdivision (b) of Section 849.
(b) “Detention only,” when the detained party is released pursuant to paragraph (1) of subdivision (b) of Section 849 or issued a certificate pursuant to subdivision (b) of Section 851.6. In such cases the report shall state the specific reason for such release, indicating that there was no ground for making a criminal complaint because (1) further investigation exonerated the arrested party, (2) the complainant withdrew the complaint, (3) further investigation appeared necessary before prosecution could be initiated, (4) the ascertainable evidence was insufficient to proceed further, (5) the admissible or adducible evidence was insufficient to proceed further, or (6) other appropriate explanation for release.
(Amended by Stats. 1978, Ch. 152.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.5.

11116.5. Any dismissal and reason therefor provided by Section 11115 or 13151. 1 may be used by the person subject to the disposition as an answer to any question regarding his arrest or detention history or any question regarding the outcome of a criminal proceeding against him.
(Amended by Stats. 1978, Ch. 152.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.6.

11116.6. The dispositions provided by Sections 11115 and 13151.1 must be entered on all appropriate records of the party arrested, detained, or against whom criminal proceedings are brought.
(Amended by Stats. 1978, Ch. 152.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.7.

11116.7. Whenever an accusatory pleading is filed in any court of this state alleging a public offense for which a defendant may be punished by incarceration, for a period in excess of 90 days, the court shall furnish upon request of the defendant named therein a certificate of disposition which describes the disposition of the accusatory pleading in that court when such disposition is one described in Section 13151.1. The certificate of disposition shall be signed by the judge, shall substantially conform with the requirements of Section 11116.8, and the seal of the court shall be affixed thereto.
In the event that the initial disposition of the accusatory pleading is changed, a new disposition certificate showing the changed disposition shall be issued by the court changing the same upon request of the defendant or his counsel of record.
(Amended by Stats. 1978, Ch. 152.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.8.

11116.8. The certificate of disposition provided by Section 11116.7 shall describe the charge or charges set forth in the original and any amended accusatory pleading, together with the disposition of each charge in the original and any amended accusatory pleading.
(Amended by Stats. 1978, Ch. 152.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.9.

11116.9. The clerk of the court in which the disposition is made shall provide the defendant or his counsel of record with additional certified copies of the disposition certificate upon the payment of the fees provided by law for certified copies of court records.
(Added by Stats. 1972, Ch. 1279.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11116.10.

11116.10. (a) Upon the request of a victim or a witness of a crime, the prosecuting attorney shall, within 30 days of the final disposition of the case, inform the victim or witness by letter of such final disposition. Such notice shall state the information described in Section 13151.1.
(b) As used in this section, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged.
(c) As used in this section, “witness” means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
(d) As used in this section, “final disposition,” means an ultimate termination of the case at the trial level including, but not limited to, dismissal, acquittal, or imposition of sentence by the court, or a decision by the prosecuting attorney, for whatever reason, not to file the case.
(e) Subdivision (a) does not apply in any case where the offender or alleged offender is a minor unless the minor has been declared not a fit and proper subject to be dealt with under the juvenile court law.
(f) This section shall not apply to any case in which a disposition was made prior to the effective date of this section.
(Amended by Stats. 2023, Ch. 715, Sec. 5. (SB 464) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 4 - Criminal Records › Section 11117.

11117. The Department of Justice shall prescribe and furnish the procedures and forms to be used for the disposition and other reports required in this article and in Sections 13151 and 13152. The department shall add the reports received to all appropriate criminal records.
Neither the reports required in this article nor those required in Sections 13151 and 13152 shall be admissible in evidence in any civil action.
(Amended by Stats. 1978, Ch. 152, Sec. 9.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11120.

11120. As used in this article, “record” with respect to any person means the state summary criminal history information as defined in subdivision (a) of Section 11105, maintained under such person’s name by the Department of Justice.
(Amended by Stats. 1975, Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11121.

11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, and to refute any erroneous or inaccurate information contained therein.
(Amended by Stats. 1980, Ch. 939, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11122.

11122. Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicant’s fingerprints to the form, and shall retain such fee.
(Amended by Stats. 1980, Ch. 939, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11123.

11123. The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee not to exceed twenty-five dollars ($25) that the department determines equals the costs of processing the application and providing a copy of the record to the applicant. All fees received by the department under this section are hereby appropriated without regard to fiscal years for the support of the Department of Justice in addition to such other funds as may be appropriated therefor by the Legislature. Any request for waiver of fee shall accompany the original request for the record and shall include a claim and proof of indigency.
(Amended by Stats. 1980, Ch. 939, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11124.

11124. When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is maintained, the department shall furnish a copy of the record to the applicant or to an individual designated by the applicant. If no such record is maintained, the department shall so notify the applicant or an individual designated by the applicant. Delivery of the copy of the record, or notice of no record, may be by mail or other appropriate means agreed to by the applicant and the department.
(Amended by Stats. 1980, Ch. 939, Sec. 4.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11125.

11125. No person or agency shall require or request another person to furnish a copy of a record or notification that a record exists or does not exist, as provided in Section 11124. A violation of this section is a misdemeanor.
(Amended by Stats. 1992, Ch. 1227, Sec. 2. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 5 - Examination of Records › Section 11127.

11127. The department shall adopt all regulations necessary to carry out the provisions of this article.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 6 - Unlawful Furnishing of State Summary Criminal History Information › Section 11140.

11140. As used in this article:
(a) “Record” means the state summary criminal history information as defined in subdivision (a) of Section 11105, or a copy thereof, maintained under a person’s name by the Department of Justice.
(b) “A person authorized by law to receive a record” means any person or public agency authorized by a court, statute, or decisional law to receive a record.
(Amended by Stats. 1975, Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 6 - Unlawful Furnishing of State Summary Criminal History Information › Section 11141.

11141. Any employee of the Department of Justice who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor.
(Added by Stats. 1974, Ch. 963.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 6 - Unlawful Furnishing of State Summary Criminal History Information › Section 11142.

11142. Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor.
(Added by Stats. 1974, Ch. 963.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 6 - Unlawful Furnishing of State Summary Criminal History Information › Section 11143.

11143. Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buys, receives, or possesses the record or information is guilty of a misdemeanor.
(Added by Stats. 1974, Ch. 963.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 6 - Unlawful Furnishing of State Summary Criminal History Information › Section 11144.

11144. (a) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(b) It is not a violation of this article to disseminate information obtained from a record for the purpose of assisting in the apprehension of a person wanted in connection with the commission of a crime.
(c) It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(Added by Stats. 1974, Ch. 963.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11145.

11145. In lieu of a national check of fingerprint records conducted by the Federal Bureau of Investigation through the California Department of Justice, state agencies shall contract with an independent vendor to conduct a national search of the individuals’ criminal records, as provided in this chapter.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11146.

11146. This chapter applies to:
(a) The California Commission for Teacher Preparation and Licensing, in licensing of all teaching and services credential applicants, pursuant to Section 44341 of the Education Code.
(b) The State Department of Social Services in licensing those community care facility operators providing services to children as mandated in Section 1522 of the Health and Safety Code.
(c) The county welfare department in carrying out its approval authority for relative and nonrelative extended family member foster care placements pursuant to Section 309 of the Welfare and Institutions Code.
(Amended by Stats. 2002, Ch. 918, Sec. 2. Effective January 1, 2003. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11147.

11147. In order that a thorough search may be conducted, the agencies listed in Section 11146 shall require applicants, as a condition of employment or licensing, to provide (a) their social security and drivers’ license numbers, (b) educational history, (c) three personal references, (d) a five-year employment and residence history, and, (e) if appropriate, any other names they may have been known under. This information shall be provided under penalty of perjury.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11148.

11148. The agencies listed in Section 11146 may contract with any vendor demonstrating the capability to conduct such background searches in a timely manner and with the assurance of complete confidentiality. Any such vendor shall (a) be a licensed private investigator as defined in Section 7521 of the Business and Professions Code; (b) have been in business for at least five years; (c) be able to furnish bank references; (d) provide a minimum of one million dollars ($1,000,000) in liability insurance, with the contracting agency being named as an additional insured; and (e) be able to provide services, via subcontracts if necessary, in all areas of the state.
No contract shall be let unless it provides therein that the cost per applicant for a search, including administrative costs, shall not exceed forty dollars ($40). The state shall not be liable for any amount in excess of forty dollars ($40) per applicant.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11149.

11149. In order to expedite the work of the vendor, all applications submitted to the vendor shall include the results of the fingerprint checks conducted by the California Department of Justice.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11149.1.

11149.1. Vendors are exempted from any provisions of Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code which prevent the vendor from conducting the national search of individual criminal records required by this chapter.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11149.2.

11149.2. Notwithstanding any other provision of law, applicants may be charged for the actual cost of the national search required by this statute, including administrative costs, not to exceed forty dollars ($40).
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11149.3.

11149.3. Any vendor or employee of a vendor who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information shall be guilty of a misdemeanor and fined not more than five thousand dollars ($5,000), or imprisoned in a county jail for not more than one year, or both.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1.5 - National Search of Criminal Records › Section 11149.4.

11149.4. Any vendor or employee of a vendor who intentionally discloses information, not otherwise public, which that person knows or should reasonably know was obtained from confidential information, shall be subject to a civil action for invasion of privacy by the individual to whom the information pertains.
In any successful action brought under this section, the complainant, in addition to any special or general damages awarded, shall be awarded a minimum of two thousand five hundred dollars ($2,500) in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit.
The right, remedy, and cause of action set forth in this section shall be nonexclusive and is in addition to all other rights, remedies, and causes of action for invasion of privacy, inherent in Section 1, Article I of the California Constitution.
(Added by Stats. 1982, Ch. 1222, Sec. 2. Effective September 22, 1982. Conditionally inoperative by Sec. 3 of Ch. 1222.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1 - Release of Persons Convicted of Arson › Section 11150.

11150. Prior to the release of a person convicted of arson from an institution under the jurisdiction of the Department of Corrections, the Director of Corrections shall notify in writing the State Fire Marshal and all police departments and the sheriff in the county in which the person was convicted and, if known, in the county in which he is to reside. The notice shall state the name of the person to be released, the county in which he was convicted and, if known, the county in which he will reside.
(Repealed and added by Stats. 1982, Ch. 919, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1 - Release of Persons Convicted of Arson › Section 11151.

11151. Within five days after release of a person convicted of arson from an institution under the jurisdiction of the State Department of State Hospitals, the Director of State Hospitals shall send the notice provided in Section 11150.
(Amended by Stats. 2014, Ch. 144, Sec. 48. (AB 1847) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1 - Release of Persons Convicted of Arson › Section 11152.

11152. Upon receipt of a notice as provided in Section 11150 or 11151, the State Fire Marshal shall notify all regularly organized fire departments in the county in which the person was convicted and, if known, in the county in which he is to reside.
(Repealed and added by Stats. 1982, Ch. 919, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1.5 - Reports of Disposition of Inmates › Section 11155.

11155. (a) As soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall provide notice, if notice has been requested, to all of the following: (1) written notice to the chief of police of the city, if any, in which the inmate will reside, if known, or in which placement will be made, (2) written notice to the sheriff of the county in which the inmate will reside, if known, or in which placement will be made, and (3) notice, as provided in subdivision (d), to the victim, if any, of the crime for which the inmate was convicted or the next of kin of the victim if the crime was a homicide, if the victim or the next of kin has submitted a request for notice with the department. Information regarding victims or next of kin requesting the notice, and the notice, shall be confidential and not available to the inmate.
(b) In the event of an escape of an inmate from any facility under the jurisdiction of the department, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city, and the sheriff of the county, in which the inmate resided immediately prior to the inmate’s arrest and conviction, and, if previously requested, to the victim, if any, of the crime for which the inmate was convicted, or to the next of kin of the victim if the crime was a homicide. If the inmate is recaptured, the department shall send written notice thereof to the chief of police and the sheriff, and notice to the victim, or next of kin of the victim, within 30 days after regaining custody of the inmate.
(c) Except as provided in subdivision (d), the department shall send the notices required by this section to the last address provided to the department by the requesting party. It is the responsibility of the requesting party to provide the department with a current address.
(d) Whenever the department provides the notice required by this section to a victim, or next of kin of the victim, it shall do so by telephone, certified mail, or electronic mail, using the method of communication selected by the victim or the next of kin of the victim, if that method is available. In the event the victim’s or next of kin’s contact information provided to the department is no longer current, the department shall make a diligent, good faith effort to learn the whereabouts of the victim in order to comply with these notification requirements.
(Amended by Stats. 2011, Ch. 364, Sec. 5. (SB 852) Effective September 29, 2011.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1.5 - Reports of Disposition of Inmates › Section 11156.

11156. The notice sent to the chief of police and county sheriff pursuant to Section 11155 shall include an actual glossy photograph no smaller than 3
1
/
8
x 3
1
/
8
inches in size, in conjunction with the Department of Justice, fingerprints of each inmate in the reentry or work furlough program.
(Amended by Stats. 1986, Ch. 600, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1.5 - Reports of Disposition of Inmates › Section 11157.

11157. The victims may be notified of the opportunity to receive the notices provided by this article by means of adding a paragraph to the information contained on subpoena forms which are used in subpoenaing victims as material witnesses to any court proceedings resulting from the perpetration of the crime in which the victim was involved.
(Added by Stats. 1982, Ch. 1048, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 1.5 - Reports of Disposition of Inmates › Section 11158.

11158. As used in this article, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged.
(Added by Stats. 1982, Ch. 1048, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11161.

11161. Notwithstanding Section 11160, the following shall apply to every physician or surgeon who has under his or her charge or care any person described in subdivision (a) of Section 11160:
(a) The physician or surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b) It is recommended that any medical records of a person about whom the physician or surgeon is required to report pursuant to subdivision (a) include the following:
(1) Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound, other physical injury, or assaultive or abusive conduct upon the person.
(2) A map of the injured person’s body showing and identifying injuries and bruises at the time of the health care.
(3) A copy of the law enforcement reporting form.
(c) It is recommended that the physician or surgeon refer the person to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(Repealed and added by Stats. 1993, Ch. 992, Sec. 5. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11161.5.

11161.5. (a) It is the intent of the Legislature that on or before January 1, 2006, the California District Attorneys Association, in conjunction with interested parties, including, but not limited to, the Department of Justice, the California Narcotic Officers’ Association, the California Police Chiefs’ Association, the California State Sheriffs’ Association, the California Medical Association, the American Pain Society, the American Academy of Pain Medicine, the California Society of Anesthesiologists, the California Chapter of the American College of Emergency Physicians, the California Medical Board, the California Orthopedic Association, and other medical and patient advocacy entities specializing in pain control therapies, shall develop protocols for the development and implementation of interagency investigations in connection with a physician’s prescription of medication to patients. The protocols are intended to assure the competent review of, and that relevant investigation procedures are followed for, the suspected undertreatment, undermedication, overtreatment, and overmedication of pain cases. Consideration shall be made for the special circumstances of urban and rural communities. The investigation protocol shall be designed to facilitate communication between the medical and law enforcement communities and the timely return of medical records pertaining to the identity, diagnosis, prognosis, or treatment of any patient that are seized by law enforcement from a physician who is suspected of engaging in or having engaged in criminal activity related to the documents.
(b) The costs incurred by the California District Attorneys Association in implementing this section shall be solicited and funded from nongovernmental entities.
(Added by Stats. 2004, Ch. 864, Sec. 2. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11161.8.

11161.8. Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such hospital, or in charge of any ward or part of such hospital, who receives a patient transferred from a health facility, as defined in Section 1250 of the Health and Safety Code or from a community care facility, as defined in Section 1502 of the Health and Safety Code, who exhibits a physical injury or condition which, in the opinion of the admitting physician, reasonably appears to be the result of neglect or abuse, shall report such fact by telephone and in writing, within 36 hours, to both the local police authority having jurisdiction and the county health department.
Any registered nurse, licensed vocational nurse, or licensed clinical social worker employed at such hospital may also make a report under this section, if, in the opinion of such person, a patient exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse.
Every physician and surgeon who has under his charge or care any such patient who exhibits a physical injury or condition which reasonably appears to be the result of neglect or abuse shall make such report.
The report shall state the character and extent of the physical injury or condition.
No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant to this section.
No person shall incur any civil or criminal liability as a result of making any report authorized by this section.
(Amended by Stats. 1979, Ch. 1019.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11161.9.

11161.9. (a) A health practitioner who makes a report in accordance with this article shall not incur civil or criminal liability as a result of any report required or authorized by this article.
(b) (1) No person required or authorized to report pursuant to this article, or designated by a person required or authorized to report pursuant to this article, who takes photographs of a person suspected of being a person described in this article about whom a report is required or authorized shall incur any civil or criminal liability for taking the photographs, causing the photographs to be taken, or disseminating the photographs to local law enforcement with the reports required by this article in accordance with this article. However, this subdivision shall not be deemed to grant immunity from civil or criminal liability with respect to any other use of the photographs.
(2) A court may award attorney’s fees to a commercial film and photographic print processor when a suit is brought against the processor because of a disclosure mandated by this article and the court finds that the suit is frivolous.
(c) A health practitioner who, pursuant to a request from an adult protective services agency or a local law enforcement agency, provides the requesting agency with access to the victim of a known or suspected instance of abuse shall not incur civil or criminal liability as a result of providing that access.
(d) No employee shall be discharged, suspended, disciplined, or harassed for making a report pursuant to this section.
(e) This section does not apply to mandated reporting of child abuse, as provided for in Article 2.5 (commencing with Section 11164).
(Added by Stats. 1993, Ch. 992, Sec. 6. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11162.

11162. A violation of this article is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(Amended by Stats. 1993, Ch. 992, Sec. 7. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11162.5.

11162.5. As used in this article, the following definitions shall apply:
(a) “Health practitioner” has the same meaning as provided in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7.
(b) “Clinic” is limited to include any clinic specified in Sections 1204 and 1204.3 of the Health and Safety Code.
(c) “Health facility” has the same meaning as provided in Section 1250 of the Health and Safety Code.
(d) “Reasonably suspects” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect.
(Amended by Stats. 2006, Ch. 701, Sec. 1. Effective January 1, 2007.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11162.7.

11162.7. This article shall not apply when a report is required to be made pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164)), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.
(Added by Stats. 1993, Ch. 992, Sec. 9. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 2 - Control of Crimes and Criminals › ARTICLE 2 - Reports of Injuries › Section 11163.

11163. (a) The Legislature finds and declares that even though the Legislature has provided for immunity from liability, pursuant to Section 11161.9, for persons required or authorized to report pursuant to this article, that immunity does not eliminate the possibility that actions may be brought against those persons based upon required reports of abuse pursuant to other laws.
In order to further limit the financial hardship that those persons may incur as a result of fulfilling their legal responsibility, it is necessary that they not be unfairly burdened by legal fees incurred in defending those actions.
(b) (1) Therefore, a health practitioner may present a claim to the Department of General Services for reasonable attorney’s fees incurred in any action against that person on the basis of that person reporting in accordance with this article if the court dismisses the action upon a demurrer or motion for summary judgment made by that person or if that person prevails in the action.
(2) The Department of General Services shall allow the claim pursuant to paragraph (1) if the requirements of paragraph (1) are met, and the claim shall be paid from an appropriation to be made for that purpose. Attorney’s fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made and shall not exceed an aggregate amount of fifty thousand dollars ($50,000).
(3) This subdivision shall not apply if a public entity has provided for the defense of the action pursuant to Section 995 of the Government Code.
(Amended by Stats. 2016, Ch. 31, Sec. 256. (SB 836) Effective June 27, 2016.)