California · Health and Safety Code - HSC

HSC §42400.7: (a) The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.

Civil

What this law says, in plain English

This statute governs the relationship between civil penalty recovery and criminal prosecution for the same offense. Recovery of civil penalties precludes criminal prosecution, and filing a criminal complaint dismisses any related civil action—except requests for injunctive relief may proceed.

Read the full statutory text

(a) The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4 precludes prosecution under Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense. (b) If the pending civil action described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.