California
Penal Code
5,800 sections, each with the official text and a plain-English explanation of what it means for you.
- § [1083.] — Section Ten Hundred and Eighty-three.
- § [185.] — Section One Hundred and Eighty-five.
- § [370.] — Section Three Hundred and Seventy.
- § 1 — This Act shall be known as T he P enal C ode of C alifornia , and is divided into four parts, as follows: I.
- § 10 — The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depo
- § 100 — If the Superintendent of State Printing corruptly colludes with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persons, or has any secret underst
- § 1000 — (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375
- § 1000.1 — (a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination.
- § 1000.10 — The following provisions apply to this chapter: (a) A defendant’s plea of guilty shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to Section 1000.
- § 1000.12 — (a) It is the intent of the Legislature that nothing in this chapter deprive a prosecuting attorney of the ability to prosecute any person who is suspected of committing any crime in which a minor is
- § 1000.17 — If the person is referred pursuant to this chapter he or she shall be responsible for paying the administrative cost of the referral and the expense of such counseling as determined by the county depa
- § 1000.2 — (a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the
- § 1000.3 — (a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, that the defendant is convicted of an o
- § 1000.4 — (a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter.
- § 1000.5 — (a) (1) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and cond
- § 1000.6 — (a) A person who is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter is authorized under the direction of a licensed health care practitioner, to use
- § 1000.65 — This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.
- § 1000.7 — (a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b): (1) County
- § 1000.8 — A superior court, with the concurrence of the prosecuting attorney of the county, may create a “Back on Track” deferred entry of judgment reentry program aimed at preventing recidivism among first-tim
- § 1000.9 — The prosecuting attorney shall determine whether a defendant is eligible for participation in the deferred entry of judgment reentry program.
- § 10000 — The provisions of Part 3 (commencing with Section 2000), insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and c
- § 10001 — All persons who, at the time this act goes into effect, hold office under any of the acts repealed by this act, which offices are continued by this act, continue to hold the same according to the form
- § 10002 — No action or proceeding commenced before this act takes effect, and no right accrued, is affected by the provisions of this act, but all procedure thereafter taken therein shall conform to the provisi
- § 10003 — If any portion of Part 3 (commencing with Section 2000) is held unconstitutional, that decision shall not affect the validity of any other portion of Part 3 (commencing with Section 2000).
- § 10004 — Division, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, c
- § 10005 — Whenever, by the provisions of this act, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or b
- § 10006 — (a) The Department of the Youth Authority and local juvenile halls and camps are prohibited from allowing a minor detained in any institution or facility under their respective jurisdiction to view a
- § 10007 — The Department of Corrections and Rehabilitation may use portable or temporary buildings to provide rehabilitation, treatment, and educational services to inmates within its custody, or to house inmat
- § 10008 — (a) When a person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of
- § 1001 — It is the intent of the Legislature that this chapter, Chapter 2.
- § 1001.1 — As used in Sections 1001.
- § 1001.2 — (a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons convicted of one or more offenses under Sectio
- § 1001.20 — (a) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services unde
- § 1001.21 — (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center and wh
- § 1001.22 — The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a defendant may be diverted pursuant to th
- § 1001.23 — (a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center that the defendant does not have a develo
- § 1001.24 — No statement, or information procured therefrom, made by the defendant to any probation officer, the prosecutor, or any regional center designee during the course of the investigation conducted by eit
- § 1001.25 — No statement, or information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to a probation officer, a prosecutor, or a regional center desi
- § 1001.26 — In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor the statements or other information divulged by the defendant
- § 1001.27 — At such time as the defendant’s case is diverted, any bail, bond, or undertaking, or deposit in lieu thereof, on file or on behalf of the defendant shall be exonerated, and the court shall enter an or
- § 1001.28 — The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years.
- § 1001.29 — (a) If it appears that the divertee is not meeting the terms and conditions of the diversion program, the court may hold a hearing and amend the program to provide for greater supervision by the respo
- § 1001.3 — At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program.
- § 1001.30 — At any time during which the defendant is participating in a diversion program, he or she may withdraw consent to further participate in the diversion program, and at such time as such consent is with
- § 1001.31 — If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the diversion period.
- § 1001.32 — Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
- § 1001.33 — (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter.
- § 1001.34 — Notwithstanding any other provision of law, the diversion-related individual program plan shall be fully implemented by the regional centers upon court order and approval of the diversion-related trea
- § 1001.35 — The purpose of this chapter is to promote all of the following: (a) Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice sy
- § 1001.36 — (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion, and after considering the positions of the
- § 1001.4 — A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause.
- § 1001.40 — Notwithstanding any other provision of law, a county acting on behalf of one or more individual courts may by ordinance establish a program that provides for pretrial diversion by the court of any per
- § 1001.5 — No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom
- § 1001.50 — (a) Notwithstanding any other provision of law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this chapter by ordinance.
- § 1001.51 — (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading concerning the commission of a misdemeanor, except a misdemeanor specified in subdivision (b), and it appea
- § 1001.52 — (a) If the defendant consents and waives his right to a speedy trial, the case shall be referred to the probation department.
- § 1001.53 — The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the defendant consents to further proceedings under
- § 1001.54 — If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from education, treatment or rehabilitation,
- § 1001.55 — (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter.
- § 1001.6 — At such time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an o
- § 1001.60 — Upon the adoption of a resolution by the board of supervisors declaring that there are sufficient funds available to fund the program, the district attorney may create within his or her office a diver
- § 1001.61 — The district attorney may refer a bad check case to the diversion program.
- § 1001.62 — On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion program.
- § 1001.63 — On referral of a bad check case to the diversion program, a notice shall be forwarded by mail to the person alleged to have written the bad check which contains all of the following: (a) The date and
- § 1001.64 — The district attorney may enter into a written agreement with the person to forego prosecution on the bad check for a period to be determined by the district attorney, not to exceed six months, pendin
- § 1001.65 — (a) A district attorney may collect a processing fee if his or her office collects and processes a bad check.
- § 1001.66 — At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.
- § 1001.67 — No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom
- § 1001.7 — If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion.
- § 1001.70 — (a) Every local prosecutor with jurisdiction to prosecute violations of Section 272 shall review annually any diversion program established pursuant to this chapter, and no program shall commence or c
- § 1001.71 — This chapter shall apply whenever a case is before any court upon an accusatory pleading alleging a parent or legal guardian to have violated Section 272 with respect to his or her minor child, and al
- § 1001.72 — (a) If the defendant consents and waives his or her right to a speedy trial, the case shall be referred to the probation department.
- § 1001.73 — The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the defendant consents to further proceedings under
- § 1001.74 — If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from education, treatment, or rehabilitation,
- § 1001.75 — (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter.
- § 1001.8 — Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
- § 1001.80 — (a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (o) to a defendant who is eligib
- § 1001.81 — (a) The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense
- § 1001.82 — This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.
- § 1001.83 — (a) The presiding judge of the superior court, or a judge designated by the presiding judge, in consultation with the presiding juvenile court judge and criminal court judges, and together with the pr
- § 1001.85 — (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established.
- § 1001.86 — (a) The LEAD program shall be administered by the Board of State and Community Corrections.
- § 1001.87 — (a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: (1) Prebooking ref
- § 1001.88 — (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutrit
- § 1001.9 — (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter.
- § 1001.90 — (a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a diversion restitution fee in addition to
- § 1001.95 — (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant t
- § 1001.96 — A defendant who is diverted pursuant to this chapter shall be required to complete all of the following in order to have their action dismissed: (a) Complete all conditions ordered by the court.
- § 1001.97 — (a) Upon successful completion of the terms, conditions, or programs ordered by the court pursuant to Section 1001.
- § 1002 — The only pleading on the part of the defendant is either a demurrer or a plea.
- § 1003 — Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.
- § 1004 — The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either: (a) If an indictment, that the grand jury by which it was fou
- § 1005 — The demurrer must be in writing, signed either by the defendant or his counsel, and filed.
- § 1006 — Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance.
- § 1007 — Upon considering the demurrer, the court must make an order either overruling or sustaining it.
- § 1008 — If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended pleading is filed within the time fixed t
- § 1009 — An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defen
- § 1010 — When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect or insufficiency of the indictment or information, if
- § 1012 — When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take it shall be deemed a waiver thereof, excep
- § 1016 — There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction: 1.
- § 1016.2 — The Legislature finds and declares all of the following: (a) In Padilla v.
- § 1016.3 — (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of t
- § 1016.5 — (a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administ
- § 1016.7 — (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstanc
- § 1016.8 — (a) The Legislature finds and declares all of the following: (1) The California Supreme Court held in Doe v.
- § 1017 — Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by the official reporter if one is present.
- § 1018 — Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court.
- § 1019 — The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to which an answer is required by Se
- § 102 — Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property wh
- § 1020 — All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty.
- § 1021 — If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or
- § 1022 — Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory pleading on which the trial was had.
- § 1023 — When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar to another prosecution for the offense cha
- § 1024 — If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.
- § 1025 — (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense charged against him or her, he or she shall be
- § 1026 — (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in
- § 1026.1 — A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or other treatment facility only under one or more of
- § 1026.2 — (a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section 1026, upon the ground that sanity has been restored, may b
- § 1026.3 — A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.
- § 1026.4 — (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from or who escapes while being conveyed to or
- § 1026.5 — (a) (1) In the case of any person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant to Section 1604, who committed a felony on
- § 1026.6 — Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status, the director of the hospital shall notify
- § 1027 — (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degr
- § 1029 — When an indictment is found or an information filed in the superior court against a judge thereof, a certificate of that fact must be transmitted by the clerk to the chairman of the Judicial Council,
- § 1033 — In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another county when it appears that there is a reasonable likelihood tha
- § 1033.1 — In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own motion or upon the motion of any party, may
- § 1035 — A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is pending against the defendant, may state in w
- § 1036 — (a) Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to another county, the court shall direct the sheriff t
- § 1036.5 — Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for the purpose of trial to the court to which venue has bee
- § 1036.7 — When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent of all defendants, determines that it would be in the interests of the a
- § 1037 — (a) When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that are not payable pursuant to Section 4750, shall be paid by the transfe
- § 1037.1 — (a) Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule 10.
- § 1037.2 — (a) Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the Government Code or Rule 10.
- § 1038 — The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions.
- § 1041 — An issue of fact arises: 1.
- § 1042 — Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
- § 1042.5 — Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived
- § 1043 — (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial.
- § 1043.5 — (a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.
- § 1044 — It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters, with a view to th
- § 1045 — In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to request a verbatim record is not provided for pursuant
- § 1046 — Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
- § 1048 — (a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order: (1) Prosecutions for felony, when the defend
- § 1048.1 — (a) In scheduling a trial date at an arraignment in superior court involving any of the following offenses, reasonable efforts shall be made to avoid setting that trial, when that case is assigned to
- § 1048.2 — Notwithstanding subdivision (b) of Section 1048, for good cause shown, the court may grant priority to an action for an alleged violation of Section 236.
- § 1049 — After his plea, the defendant is entitled to at least five days to prepare for trial.
- § 1049.5 — In felony cases, the court shall set a date for trial which is within 60 days of the defendant’s arraignment in the superior court unless, upon a showing of good cause as prescribed in Section 1050, t
- § 1050 — (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time.
- § 1050.1 — In any case in which two or more defendants are jointly charged in the same complaint, indictment, or information, and the court or magistrate, for good cause shown, continues the arraignment, prelimi
- § 1050.5 — (a) When, pursuant to subdivision (c) of Section 1050, the court imposes sanctions for failure to comply with the provisions of subdivision (b) of Section 1050, the court may impose one or both of the
- § 1051 — Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that the prosecutor was or should, with due diligence, have
- § 1053 — If after the commencement of the trial of a criminal action or proceeding in any court the judge or justice presiding at the trial shall die, become ill, or for any other reason be unable to proceed w
- § 1054 — This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery.
- § 1054.1 — The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecu
- § 1054.10 — (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else copies of child pornography evidence, un
- § 1054.2 — (a) (1) Except as provided in paragraph (2), no attorney shall disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else, the personal identifying informatio
- § 1054.3 — (a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial,
- § 1054.4 — Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted by law on the effective date of this sec
- § 1054.5 — (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter.
- § 1054.6 — Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of Section 2018.
- § 1054.7 — The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred.
- § 1054.8 — (a) No prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant shall interview, question, or speak to a victim or witness whose name has been disc
- § 1054.9 — (a) In a case in which a defendant is or has ever been convicted of a felony resulting in incarceration in the Department of Corrections and Rehabilitation, upon the prosecution of a postconviction wr
- § 1065 — If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the Court must discharge the jury so far as the trial in question is concerned.
- § 107 — Every prisoner charged with or convicted of a felony who is an inmate of any public training school or reformatory or county hospital who escapes or attempts to escape from such public training school
- § 1089 — Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information or complaint, the trial is likely to be a protracted one, the
- § 109 — Any person who willfully assists any inmate of any public training school or reformatory to escape, or in an attempt to escape from that public training school or reformatory is punishable by imprison
- § 1093 — The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court: (a) If the accusatory pleading be for a felony, the cle
- § 1093.5 — In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court and all proposed instructions must be delivered to the
- § 1094 — When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the order prescribed in Section 1093 may be departed from.
- § 1095 — If the offense charged is punishable with death, two counsel on each side may argue the cause.
- § 1096 — A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is satisfactorily shown, he or she is entitled to a
- § 1096a — In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence or defining reasonable doubt need be given.
- § 1097 — When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of two or more degrees of the crime or atte
- § 1098 — When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials.
- § 1099 — When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney,
- § 11 — This code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict punishment upon offenders; nor, except as provided in Section
- § 110 — Every person who carries or sends into a public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any p
- § 1100 — When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defens
- § 11006 — The Attorney General shall appoint such agents and other employees as he deems necessary to carry out the provisions of this chapter.
- § 11008 — The Attorney General shall from time to time arrange for and organize schools at convenient centers in the State to train peace officers in their powers and duties and in the use of approved equipment
- § 1101 — The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.
- § 11010 — (a) The Department of Justice shall adopt standards and guidelines regarding the handling of potential evidence arising out of the testing of substances that are suspected to be related to activities
- § 1102 — The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code.
- § 1102.6 — The right of a victim of crime to be present during any criminal proceeding shall be secured as follows: (a) Notwithstanding any other law, and except as specified in subdivision (d), a victim shall b
- § 11050 — In any crime of statewide importance, the Attorney General may, upon the request of any district attorney, sheriff or chief of police, assign to such officer so requesting, an investigator or investig
- § 11050.5 — (a) The Attorney General may, upon the request of any district attorney, sheriff, chief of police, or other local, state or federal law enforcement official, make available to such official so request
- § 11051 — The Department of Justice shall perform duties in the investigation, detection, apprehension, prosecution or suppression of crimes as may be assigned by the Attorney General in the performance of his
- § 11052 — For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer of this State.
- § 11053 — After the effective date of this chapter, and thereafter until the Governor finds and proclaims that an emergency no longer exists in preparing for the national defense, or whenever the United States
- § 11054 — No investigation of the acts or conduct of any state agency or state official shall be initiated or made through or by the bureau or any employee thereof, without the authorization of the Attorney Gen
- § 11055 — (a) There is within the Department of Justice the Foreign Prosecution and Law Enforcement Unit designated with the responsibility for assisting local law enforcement agencies with foreign prosecutions
- § 11060 — There is hereby established in the Bureau of Forensic Services of the Department of Justice the California Criminalistics Institute.
- § 11061 — To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon agreement by the regents, the University
- § 11061.5 — (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for graduate-level students.
- § 11062 — (a) The Department of Justice shall establish and chair a task force to conduct a review of California’s crime laboratory system.
- § 11070 — (a) To improve upon the implementation of concurrent criminal jurisdiction on California Indian lands, the Department of Justice shall, subject to an appropriation by the Legislature, in a manner to b
- § 11073 — (a) The Tribal Police Pilot Program is hereby established to operate from July 1, 2026, until July 1, 2029, under the direction of the Department of Justice and the Commission on Peace Officer Standar