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 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11482.

11482. This article does not restrict, expand, or otherwise modify the authority of the Public Utilities Commission.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1.5 - STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS › Section 11500.

11500. The purpose of this title is to improve the administration of criminal justice by providing funding for statewide programs of education, training, and research for local public prosecutors and public defenders.
(Added by Stats. 1982, Ch. 116, Sec. 1. Effective March 16, 1982.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1.5 - STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS › Section 11501.

11501. (a) There is hereby established in the Office of Emergency Services, a program of financial assistance to provide for statewide programs of education, training, and research for local public prosecutors and public defenders. All funds made available to the office for the purposes of this chapter shall be administered and distributed by the Director of Emergency Services.
(b) The Director of Emergency Services is authorized to allocate and award funds to public agencies or private nonprofit organizations for purposes of establishing statewide programs of education, training, and research for public prosecutors and public defenders, which programs meet criteria established pursuant to Section 11502.
(Amended by Stats. 2013, Ch. 352, Sec. 423. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1.5 - STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS › Section 11502.

11502. (a) Criteria for selection of education, training, and research programs for local public prosecutors and public defenders shall be developed by the Office of Emergency Services in consultation with an advisory group entitled the Prosecutors and Public Defenders Education and Training Advisory Committee.
(b) The Prosecutors and Public Defenders Education and Training Advisory Committee shall be composed of six local public prosecutors and six local public defender representatives, all of whom are appointed by the Director of Emergency Services, who shall provide staff services to the advisory committee. In appointing the members of the committee, the director shall invite the Attorney General, the State Public Defender, the Speaker of the Assembly, and the Senate President pro Tempore to participate as ex officio members of the committee.
(c) The Office of Emergency Services, in consultation with the advisory committee, shall develop specific guidelines including criteria for selection of organizations to provide education, training, and research services.
(d) In determining the equitable allocation of funds between prosecution and defense functions, the Office of Emergency Services and the advisory committee shall give consideration to the amount of local government expenditures on a statewide basis for the support of those functions.
(e) The administration of the overall program shall be performed by the Office of Emergency Services. The office may, out of any appropriation for this program, expend an amount not to exceed 7.5 percent for any fiscal year for those purposes.
(f) No funds appropriated pursuant to this title shall be used to support a legislative advocate.
(g) To the extent necessary to meet the requirements of the State Bar of California relating to certification of training for legal specialists, the executive director shall ensure that, where appropriate, all programs funded under this title are open to all members of the State Bar of California. The program guidelines established pursuant to subdivision (c) shall provide for the reimbursement of costs for all participants deemed eligible by the Office of Emergency Services, in conjunction with the Legal Training Advisory Committee, by means of course attendance.
(Amended by Stats. 2013, Ch. 352, Sec. 424. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1.5 - STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS › Section 11503.

11503. There is hereby created in the State Treasury the Local Public Prosecutors and Public Defenders Training Fund for the support of the Prosecutors and Public Defenders Education and Training Program, established pursuant to this title.
(Added by Stats. 1986, Ch. 40, Sec. 1. Effective March 31, 1986.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1.5 - STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC DEFENDERS › Section 11504.

11504. To the extent funds are appropriated from the Assessment Fund to the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503, the Office of Emergency Services shall allocate financial resources for statewide programs of education, training, and research for local public prosecutors and public defenders.
(Amended by Stats. 2013, Ch. 352, Sec. 425. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12001.

12001. As used in this title, “firearm” has the meaning provided in subdivision (a) of Section 16520.
(Added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12003.

12003. If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of this title or any other provision listed in Section 16580 is for any reason held to be unconstitutional, that decision shall not affect the validity of the remaining portions of this title or any other provision listed in Section 16580. The Legislature hereby declares that it would have passed this title and any other provision listed in Section 16580, and each section, subdivision, paragraph, subparagraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional.
(Amended (as added by Stats. 2010, Ch. 711) by Stats. 2011, Ch. 285, Sec. 24. (AB 1402) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.2.

12022.2. (a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(c) As used in this section, “body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.
(d) This section shall become operative on January 1, 2022.
(Amended (as amended by Stats. 2013, Ch. 508, Sec. 14) by Stats. 2016, Ch. 887, Sec. 14. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.3.

12022.3. For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 264.1, 286, 287, 288, or 289, or former Section 262 or 288a, and in addition to the sentence provided, a person shall receive the following:
(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation.
(b) A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon.
(Amended by Stats. 2021, Ch. 626, Sec. 64. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.4.

12022.4. (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b) This section shall become operative on January 1, 2022.
(Amended (as amended by Stats. 2013, Ch. 508, Sec. 16) by Stats. 2016, Ch. 887, Sec. 16. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.5.

12022.5. (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.
(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or 30515, or a machinegun, as defined in Section 16880, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.
(c) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death.
(e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(f) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one single enhancement.
(Amended by Stats. 2017, Ch. 682, Sec. 1. (SB 620) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.55.

12022.55. Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.
(Repealed and added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.7.

12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
(Amended (as added by Stats. 2010, Ch. 711, Sec. 5) by Stats. 2011, Ch. 296, Sec. 226. (AB 1023) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.75.

12022.75. (a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other means, any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, against the victim’s will by means of force, violence, or fear of immediate and unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years.
(b) (1) Any person who, in the commission or attempted commission of any offense specified in paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261.
(B) Sodomy, in violation of subdivision (f) or (i) of Section 286.
(C) Oral copulation, in violation of subdivision (f) or (i) of Section 287 or of former Section 288a.
(D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289.
(E) Any offense specified in subdivision (c) of Section 667.61.
(Amended by Stats. 2018, Ch. 423, Sec. 115. (SB 1494) Effective January 1, 2019. Note: Section 12022.75 was amended on Nov. 7, 2006, by initiative Prop. 83.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.8.

12022.8. A person who inflicts great bodily injury, as defined in Section 12022.7, on a victim in a violation of Section 220 involving a specified sexual offense, or a violation or attempted violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1), (2), or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (b) of Section 288, subdivision (a) of Section 289, or sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person as provided in Section 286 or 287, or former Section 288a, shall receive a five-year enhancement for each violation in addition to the sentence provided for the felony conviction.
(Amended by Stats. 2021, Ch. 626, Sec. 66. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.85.

12022.85. (a) A person who violates one or more of the offenses listed in subdivision (b) with knowledge that the person has acquired immune deficiency syndrome (AIDS) or with the knowledge that the person carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections.
(b) Subdivision (a) applies to the following crimes:
(1) Rape in violation of Section 261 or former Section 262.
(2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5.
(3) Sodomy in violation of Section 286.
(4) Oral copulation in violation of Section 287 or former Section 288a.
(c) For purposes of proving the knowledge requirement of this section, the prosecuting attorney may use test results received under subdivision (c) of Section 1202.1 or subdivision (g) of Section 1202.6.
(Amended by Stats. 2021, Ch. 626, Sec. 67. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.9.

12022.9. Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. The additional term provided in this subdivision shall not be imposed unless the fact of that injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187.
(Amended (as amended by Stats. 2011, Ch. 15, Sec. 510) by Stats. 2011, Ch. 39, Sec. 62. (AB 117) Effective June 30, 2011. Amending action (succeeding the addition by Stats. 2010, Ch. 711) operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 2 - SENTENCE ENHANCEMENTS › Section 12022.95.

12022.95. Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(Repealed and added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13000.

13000. (a) All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, “automated fingerprint identification system” means electronic comparison of fingerprints to a data base of known persons.
(b) Any state agency is exempted from this section if the agency’s director finds that the automated identification system needed to meet programmatic requirements is less costly than an identical system available through an interagency agreement with the Department of Justice, or is not provided by the Department of Justice.
(c) Information contained in these systems shall be released to state agencies only on a need-to-know basis pursuant to any of the following:
(1) Statutory authorization to the extent permitted by federal law.
(2) A court order or decision that requires release of the information.
(3) An interagency agreement with the Department of Justice to develop and operate a system.
(d) The department may charge a fee to be paid by the agency for the actual cost of supporting the service.
(Added by Stats. 1994, Ch. 875, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13010.

13010. It shall be the duty of the department:
(a) To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b) To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c) To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d) To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e) To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f) To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g) To make available to the public, through the department’s OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h) To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i) To evaluate, on an annual basis, the progress of California’s transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code.
(Amended by Stats. 2016, Ch. 418, Sec. 5. (AB 2524) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13010.5.

13010.5. (a) The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for, and effectiveness of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b) Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
(Amended by Stats. 2016, Ch. 418, Sec. 6. (AB 2524) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13011.

13011. The department may serve as statistical and research agency to the Department of Corrections, the Board of Prison Terms, the Board of Corrections, the Department of the Youth Authority, and the Youthful Offender Parole Board.
(Amended by Stats. 1979, Ch. 860.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13012.4.

13012.4. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (3) of subdivision (a) of Section 13012, include the annual number of minors placed on electronic monitoring, as defined in Section 628.2 of the Welfare and Institutions Code, including all of the following information for each minor:
(1) The total number of days in a calendar year that the minor was subject to electronic monitoring.
(2) The total number of days in a calendar year that the minor was detained in juvenile hall for a violation of a term of the minor’s electronic monitoring contract not amounting to a new violation of law.
(3) For which of the following reasons was the minor placed or reinstated on electronic monitoring:
(A) A new violation of law.
(B) A violation of a court order not amounting to a new violation of law.
(C) A violation of a term of the minor’s electronic monitoring contract not covered by subparagraph (A) or (B).
(4) For which of the following reasons was a minor on electronic monitoring detained in juvenile hall:
(A) A new violation of law.
(B) A violation of a court order not amounting to a new violation of law.
(C) A violation of a term of the minor’s electronic monitoring contract not covered by subparagraph (A) or (B).
(5) All of the information described in paragraphs (1) to (4), inclusive, shall be cross-referenced with information about the age, gender, ethnicity, and offense of the minors subject to these court actions.
(b) The department’s annual report published under Section 13010 shall include the information described in paragraph (3) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2026, for the preceding calendar year.
(Added by Stats. 2022, Ch. 796, Sec. 2. (AB 2658) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13012.5.

13012.5. (a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (4) of subdivision (a) of Section 13012, include the following statewide information:
(1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings.
(2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court.
(3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions.
(b) The department’s annual report published under Section 13010 shall include the information described in paragraph (4) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year.
(Amended by Stats. 2016, Ch. 99, Sec. 6. (AB 1953) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13012.6.

13012.6. The data published by the department on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 530.5.
(Amended by Stats. 2016, Ch. 418, Sec. 8. (AB 2524) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13012.7.

13012.7. (a) The annual report published by the department pursuant to Section 13010, commencing with the report that includes data from 2022, shall, to the extent the data is available, include statistics on lewd or lascivious felonies consistent with those reported for rape, including the number of offenses reported and the rate per 100,000 population.
(b) For purposes of this section, “lewd or lascivious felonies” means conduct prohibited by Sections 220, 266j, subdivisions (a) to (c), inclusive, of Section 288, and subdivision (a) of Section 288.5.
(Added by Stats. 2019, Ch. 245, Sec. 1. (SB 259) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13012.8.

13012.8. The annual report published by the department pursuant to Section 13010 shall include information concerning arrests for violations of Section 597.
(Added by Stats. 2016, Ch. 237, Sec. 1. (SB 1200) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13013.

13013. The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
(Amended by Stats. 2016, Ch. 418, Sec. 9. (AB 2524) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 1 - Duties of the Department › Section 13014.

13014. (a) The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1) Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2) Adopt and distribute, as a written form or by electronic means, to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b).
(3) Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall at least annually update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b) Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
(Amended by Stats. 2016, Ch. 418, Sec. 10. (AB 2524) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 2 - Duties of Public Agencies and Officers › Section 13020.

13020. It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General:
(a) To install and maintain records needed for the correct reporting of statistical data required by him or her.
(b) To report statistical data to the department at those times and in the manner that the Attorney General prescribes.
(c) To give to the Attorney General, or his or her accredited agent, access to statistical data for the purpose of carrying out this title.
(Amended by Stats. 1996, Ch. 872, Sec. 126. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 2 - Duties of Public Agencies and Officers › Section 13021.

13021. Local law enforcement agencies shall report to the Department of Justice such information as the Attorney General may by regulation require relative to misdemeanor violations of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1 - Department Of Justice › ARTICLE 2 - Duties of Public Agencies and Officers › Section 13022.

13022. Each sheriff and chief of police shall annually furnish the Department of Justice, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide.
(Amended by Stats. 2004, Ch. 405, Sec. 21. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1.5 - Reports to the Bureau of Livestock Identification › Section 13050.

13050. Each sheriff or other officer to whom a complaint that relates to the loss or theft of any equine animal is made shall, in a timely manner, transmit to the Bureau of Livestock Identification a report pursuant to Section 24104 of the Food and Agricultural Code.
(Added by Stats. 1994, Ch. 431, Sec. 3. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 1.5 - Reports to the Bureau of Livestock Identification › Section 13051.

13051. The Bureau of Livestock Identification shall compile a report on information received pursuant to Section 24104 of the Food and Agricultural Code. The bureau shall distribute the report to all county sheriffs’ departments in a timely manner.
(Added by Stats. 1994, Ch. 431, Sec. 3. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13100.

13100. The Legislature finds and declares as follows:
(a) That the criminal justice agencies in this state require, for the performance of their official duties, accurate and reasonably complete criminal offender record information.
(b) That the Legislature and other governmental policymaking or policy-researching bodies, and criminal justice agency management units require greatly improved aggregate information for the performance of their duties.
(c) That policing agencies and courts require speedy access to information concerning all felony and selected misdemeanor arrests and final dispositions of such cases.
(d) That criminal justice agencies may require regular access to detailed criminal histories relating to any felony arrest that is followed by the filing of a complaint.
(e) That, in order to achieve the above improvements, the recording, reporting, storage, analysis, and dissemination of criminal offender record information in this state must be made more uniform and efficient, and better controlled and coordinated.
(Added by Stats. 1973, Ch. 992.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13100.1.

13100.1. (a) The Attorney General shall appoint an advisory committee to the California-Criminal Index and Identification (Cal-CII) system to assist in the ongoing management of the system with respect to operating policies, criminal records content, and records retention. The committee shall serve at the pleasure of the Attorney General, without compensation, except for reimbursement of necessary expenses.
(b) The committee shall consist of the following representatives:
(1) One representative from the California Police Chiefs’ Association.
(2) One representative from the California Peace Officers’ Association.
(3) Three representatives from the California State Sheriffs’ Association.
(4) One trial judge appointed by the Judicial Council.
(5) One representative from the California District Attorneys Association.
(6) One representative from the California Court Clerks’ Association.
(7) One representative from the Office of Emergency Services.
(8) One representative from the Chief Probation Officers’ Association.
(9) One representative from the Department of Corrections and Rehabilitation.
(10) One representative from the Department of the California Highway Patrol.
(11) One member of the public, appointed by the Senate Committee on Rules, who is knowledgeable and experienced in the process of utilizing background clearances.
(12) One member of the public, appointed by the Speaker of the Assembly, who is knowledgeable and experienced in the process of utilizing background clearances.
(Amended by Stats. 2013, Ch. 352, Sec. 426. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13100.2.

13100.2. (a) The designee of the Attorney General shall serve as chair of the committee.
(b) The Department of Justice shall provide staff and support for the committee.
(c) The committee shall meet at least twice annually. Subcommittees shall be formed and meet as necessary. All meetings shall be open to the public and reports shall be made available to the Legislature and other interested parties.
(Added by Stats. 1998, Ch. 841, Sec. 2. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13101.

13101. As used in this chapter, “criminal justice agencies” are those agencies at all levels of government which perform as their principal functions, activities which either:
(a) Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or
(b) Relate to the collection, storage, dissemination or usage of criminal offender record information.
(Added by Stats. 1973, Ch. 992.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13102.

13102. As used in this chapter, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.
Such information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto. It shall be understood to include, where appropriate, such items for each person arrested as the following:
(a) Personal indentification.
(b) The fact, date, and arrest charge; whether the individual was subsequently released and, if so, by what authority and upon what terms.
(c) The fact, date, and results of any pretrial proceedings.
(d) The fact, date, and results of any trial or proceeding, including any sentence or penalty.
(e) The fact, date, and results of any direct or collateral review of that trial or proceeding; the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.
(f) The fact, date, and results of any release proceedings.
(g) The fact, date, and authority of any act of pardon or clemency.
(h) The fact and date of any formal termination to the criminal justice process as to that charge or conviction.
(i) The fact, date, and results of any proceeding revoking probation or parole.
It shall not include intelligence, analytical, and investigative reports and files, nor statistical records and reports in which individuals are not identified and from which their identities are not ascertainable.
(Added by Stats. 1973, Ch. 992.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 3 - CRIMINAL STATISTICS › CHAPTER 2 - Criminal Offender Record Information › ARTICLE 1 - Legislative Findings and Definitions › Section 13103.

13103. Notwithstanding any other provisions of law relating to retention of public records, any criminal justice agency may cause the original records filed pursuant to this chapter to be destroyed if all of the following requirements are met:
(a) The records have been reproduced onto microfilm or optical disk, or by any other techniques which do not permit additions, deletions, or changes to the original document.
(b) If the records have been reproduced onto optical disk, at least one year has elapsed since the date of registration of the records.
(c) The nonerasable storage medium used meets the minimum standards recommended by the National Institute of Standards and Technology for permanent record purposes.
(d) Adequate provisions are made to ensure that the nonerasable storage medium reflects additions or corrections to the records.
(e) A copy of the nonerasable storage medium is maintained in a manner which permits it to be used for all purposes served by the original record.
(f) A copy of the nonerasable storage medium has been stored at a separate physical location in a place and manner which will reasonably assure its preservation indefinitely against loss or destruction.
(Added by Stats. 1989, Ch. 257, Sec. 5.)