California

Penal Code

5,800 sections, each with the official text and a plain-English explanation of what it means for you.

• § 706 — If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the
• § 707 — If the undertaking required by the last section is given, the party informed of must be discharged.
• § 708 — If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.
• § 709 — The undertaking must be filed by the magistrate in the office of the Clerk of the county.
• § 71 — (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain f
• § 710 — A person who, in the presence of a Court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words,
• § 711 — Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.
• § 712 — Upon the District Attorney’s producing evidence of such conviction to the Superior Court of the county, the Court must order the undertaking to be prosecuted, and the District Attorney must thereupon
• § 713 — In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.
• § 714 — Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter.
• § 72 — Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same
• § 72.5 — (a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose any political party or political candidate
• § 723 — When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend, that resistance will be made to the execution of the process, the officer may command as many ab
• § 724 — The officer must certify to the Court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt
• § 726 — Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his or her deputies, the officials governing the town or city, or any of them, m
• § 727 — If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.
• § 73 — Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties
• § 7300 — This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1986.
• § 7301 — The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and
• § 7302 — There is in the State Treasury the 1986 Prison Construction Fund, which fund is hereby created.
• § 7303 — The 1986 Prison Construction Committee is hereby created.
• § 7304 — The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of five hundred million dollars ($500,000,000), in th
• § 7305 — The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold.
• § 7306 — The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections facilities.
• § 7307 — (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the fu
• § 7308 — There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) That sum annually as will be necessary to pay t
• § 7309 — For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the
• § 7309.5 — Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code),
• § 7310 — All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7306 but shall not be available for transfer to the
• § 7311 — Money in the fund may only be expended pursuant to appropriations by the Legislature.
• § 737 — All felonies shall be prosecuted by indictment or information, except as provided in Section 859a.
• § 738 — Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section 872.
• § 739 — When a defendant has been examined and committed, as provided in Section 872, it shall be the duty of the district attorney of the county in which the offense is triable to file in the superior court
• § 74 — Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a
• § 740 — Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant.
• § 7400 — This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1988.
• § 7401 — The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and
• § 7402 — There is in the State Treasury the 1988 Prison Construction Fund, which fund is hereby created.
• § 7403 — The 1988 Prison Construction Committee is hereby created.
• § 7404 — The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of eight hundred seventeen million d
• § 7405 — The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold.
• § 7406 — (a) Except as provided in subdivision (b), the moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctiona
• § 7407 — (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the fu
• § 7408 — Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the followin
• § 7409 — For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unso
• § 7409.5 — Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code),
• § 741 — (a) Beginning January 1, 2024, the Department of Justice shall develop, issue, and publish “Race-Blind Charging” guidelines for a process whereby all prosecution agencies, for purposes of this section
• § 7410 — The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying o
• § 7411 — Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2
• § 7412 — All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7406 but shall not be available for transfer to the
• § 7413 — Money in the fund may only be expended pursuant to appropriations by the Legislature.
• § 7414 — The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the Cal
• § 7420 — This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1990.
• § 7421 — The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and
• § 7422 — There is in the State Treasury the 1990 Prison Construction Fund, which fund is hereby created.
• § 7423 — The 1990 Prison Construction Committee is hereby created.
• § 7424 — The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of four hundred fifty million dollar
• § 7425 — The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold.
• § 7426 — The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities.
• § 7426.5 — Moneys deposited in the fund may also be used for the refinancing of interim debt incurred for any of the purposes specified in Section 7426.
• § 7427 — (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the fu
• § 7428 — Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the followin
• § 7429 — For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unso
• § 7430 — The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying o
• § 7431 — Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2
• § 7432 — All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7426 but shall not be available for transfer to the
• § 7433 — Money in the fund may only be expended pursuant to appropriations by the Legislature.
• § 7434 — The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the Cal
• § 7440 — The California Research Bureau in the California State Library shall conduct a study of the children of women who are incarcerated in state prisons.
• § 7441 — The purpose of the survey of state prisoners is to determine how many have children and to gather basic information about the children to include the following variables, among others: (a) Number.
• § 7442 — (a) The purpose of the review of local agency records, in a representative sample of California counties, is to obtain outcome information about the status of a sample of the children of incarcerated
• § 7443 — The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their children, and participating
• § 7444 — The California Research Bureau shall convene an advisory group to assist in designing and administering the study.
• § 7445 — The California Research Bureau shall submit a report to the Legislature on or before January 1, 2003, analyzing the findings of its research, upon completion of the study.
• § 745 — (a) The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.
• § 7460 — For purposes of this chapter, the following definitions apply: (a) “Annual gate clearance” refers to a clearance status allowing a program provider or legal professional to enter one institution for a
• § 7461 — (a) The department shall provide forms to the institution for short-term gate clearances.
• § 7462 — (a) The department shall provide a standardized clearance packet to the institution for annual gate clearances.
• § 7463 — (a) The department shall provide a standardized packet of forms to the institution for a program provider identification card, which allows program providers to use the same packet for different insti
• § 7464 — (a) (1) The department shall accept applications for statewide gate clearance from qualified program providers and legal professionals and, if a program provider is approved, the department shall prov
• § 7465 — (a) The department shall designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by this chapter.
• § 7466 — (a) The department shall notify all applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal.
• § 7467 — (a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice from an applicant applying for an annual gate clearance, p
• § 7468 — The following persons shall, upon request, be granted a short-term gate clearance for any institution without the requirement to apply for a clearance for all Department of Corrections and Rehabilitat
• § 750 — Notwithstanding any other provision of law, in the event that the superior court of a county having a population in excess of six million has discontinued, on or after December 1, 1991, a nightcourt p
• § 7500 — The Legislature finds and declares all of the following: (a) The public peace, health, and safety is endangered by the spread of the human immunodeficiency virus (HIV), acquired immunodeficiency syndr
• § 7501 — In order to address the public health crisis described in Section 7500, it is the intent of the Legislature to do all of the following: (a) Establish a procedure through which custodial and law enforc
• § 7502 — As used in this title, the following terms shall have the following meanings: (a) “Correctional institution” means any state prison, county jail, city jail, Division of Juvenile Justice facility, coun
• § 7503 — The Department of Corrections, the Department of the Youth Authority, and county health officers shall adopt guidelines permitting a chief medical officer to delegate his or her medical responsibiliti
• § 7504 — Actions taken pursuant to this title shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980 of the Health and Safety Code.
• § 7505 — This title is intended to provide the authority for state and local correctional, custodial, and law enforcement agencies to perform medical testing of inmates and prisoners for the purposes specified
• § 7510 — (a) A law enforcement employee who believes that he or she came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has be
• § 7511 — (a) The chief medical officer shall, regardless of whether a report filed pursuant to Section 7510 contains a request for HIV or hepatitis B or C testing, decide whether or not to require HIV or hepat
• § 7512 — (a) An inmate of a correctional institution may request testing for HIV or hepatitis B or C of another inmate of that institution if he or she has reason to believe that he or she has come into contac
• § 7512.5 — In the absence of the filing of a report pursuant to Section 7510 or a request pursuant to Section 7512, the chief medical officer may order a test of an inmate if he or she concludes there are clinic
• § 7513 — An inmate who is the subject of an HIV or hepatitis B or C test report filed pursuant to Section 7510 or an HIV or hepatitis B or C test report filed pursuant to Section 7512 shall receive, in conjunc
• § 7514 — (a) It shall be the chief medical officer’s responsibility to see that personal counseling is provided to a law enforcement employee filing a report pursuant to Section 7510, an inmate filing a reques
• § 7515 — (a) A decision of the chief medical officer made pursuant to Section 7511, 7512, or 7516 may be appealed, within three calendar days of receipt of the decision, to a three-person panel, either by the
• § 7516 — (a) When a custodial officer or staff person of a correctional institution, observes or is informed of activity in a correctional institution that is classified as causing, or known to cause, the tran
• § 7516.5 — Any decision by a panel pursuant to Section 7515 or 7516 may be appealed to the superior court, either by a law enforcement employee filing a report pursuant to Section 7510, a person requesting an HI
• § 7516.8 — It shall be the responsibility of the chief medical officer to see that copies of the hearing decision are distributed in accordance with requirements of this chapter.
• § 7517 — Except as otherwise permitted by this title or any provision of law, any records, including decisions of a chief medical officer or an appeals panel, compiled pursuant to this chapter shall be confide
• § 7518 — (a) The Department of Corrections and Rehabilitation and local health officers shall adopt guidelines for the making of decisions pursuant to this chapter in consultation with the Office of AIDS in th
• § 7519 — (a) When an individual, including a minor charged with an offense for which he or she may be made a ward of the court under Section 602 of the Welfare and Institutions Code, has either been charged wi
• § 7520 — (a) Upon the release of an inmate from a correctional institution, a medical representative of the institution shall notify the inmate’s parole or probation officer, where it is the case, that the inm
• § 7521 — (a) When a parole or probation officer learns from responsible medical authorities that a supervised person in his or her custody has any of the conditions listed in Section 7520, but that the supervi
• § 7522 — (a) Supervisory and medical personnel in correctional institutions shall notify all law enforcement employees when those employees have had direct contact with the bodily fluids of inmates or persons
• § 7523 — Information obtained by a law enforcement employee pursuant to this chapter shall be confidential, and shall not be disclosed except as specifically authorized by this chapter.
• § 7530 — The following procedures shall apply to testing conducted under this title: (a) The withdrawal of blood shall be performed in a medically approved manner.
• § 7531 — Notwithstanding any other provision of law, no positive test results obtained pursuant to this title shall be disclosed to any person unless the initial positive test result has been confirmed by appr
• § 7540 — A person committing any of the following acts shall be guilty of a misdemeanor: (a) Willful false reporting in conjunction with a report or a request for testing under this title.
• § 7550 — The State Department of Health Services shall prepare standardized forms for the reports, notices, and findings required by this title, and distribute these forms to the Department of Corrections, the
• § 7551 — A correctional, custodial, or law enforcement agency to which this title applies shall be responsible for informing staff of the provisions of this title, and assisting in its implementation as it app
• § 7552 — (a) It is recommended that every city or county correctional, custodial, and law enforcement agency to which this title applies have a comprehensive AIDS and HIV prevention and education program in op
• § 7553 — With the approval of the county health officer, the State Department of Health Services, as it deems necessary for HIV detection and prevention, may conduct periodic anonymous unlinked serologic surve
• § 7554 — (a) The purpose of this section is to establish the extent of peace officers’ occupational exposure for HIV infection.
• § 7570 — In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease.
• § 7571 — For purposes of this title, the following definitions shall apply: (a) “Chief medical officer” means the chief medical officer or acting chief medical officer of a state prison or any facility under t
• § 7572 — The chief of medical services, or his or her designee, shall use every available means to ascertain the existence of, and to immediately investigate all reported or suspected cases of, tuberculosis in
• § 7573 — (a) The chief medical officer shall order an inmate or ward to receive an examination or test, or may order an inmate or ward to receive treatment if the medical officer has a reasonable suspicion tha
• § 7574 — Notwithstanding Section 2600 or 2601, or any other provision of law, any inmate or ward who refuses to submit to an examination, test, or treatment for tuberculosis as described in Section 7572 or 757
• § 7575 — To provide effective control of the spread of tuberculosis in institutions and to identify those among the inmate and ward populations with tuberculosis, the Department of Corrections shall operate pu
• § 7576 — (a) The Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, and the Youthful Offender Parole Board shall compile information through each department’s respecti
• § 76 — (a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Gove
• § 76.5 — (a) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official’s residing spouse or child, on the internet knowing that person is an e
• § 77 — The various provisions of this title, except Section 76, apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.
• § 777 — Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States; and
• § 777a — If a parent violates the provisions of Section 270 of this code, the jurisdiction of such offense is in any competent court of either the jurisdictional territory in which the minor child is cared for
• § 777b — Perjury, in violation of Section 118, committed outside of the State of California is punishable in a competent court in the jurisdictional territory in this state in which occurs the act, transaction
• § 778 — When the commission of a public offense, commenced without the State, is consummated within its boundaries by a defendant, himself outside the State, through the intervention of an innocent or guilty
• § 778a — (a) Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of that intent, which culminates in the commission of a crime, either within or with
• § 778b — Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards found within this state, is punishable in the same man
• § 781 — Except as provided in Section 923, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts or effects thereof constituti
• § 782 — When a public offense is committed on the boundary of two or more jurisdictional territories, or within 500 yards thereof, the jurisdiction of such offense is in any competent court within either juri
• § 783 — When a public offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of its voyage, or on a railroad train or car,
• § 783.5 — When a public offense is committed in a park situated in more than one county, the jurisdiction over such an offense is in any competent court in any county in which any part of the park is situated.
• § 784 — The jurisdiction of a criminal action: (a) For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping another, with intent, against his or her will, to cause
• § 784.5 — The jurisdiction of a criminal action for a violation of Section 277, 278, or 278.
• § 784.7 — (a) If more than one violation of Section 220, except assault with intent to commit mayhem, 261, 264.
• § 784.8 — If more than one felony violation of subdivision (d) or (e) of Section 368 occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly jo
• § 785 — When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory of another competent court the jurisdict
• § 786 — (a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territo
• § 786.5 — (a) The jurisdiction of a criminal action brought by the Attorney General for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.
• § 787 — When multiple offenses punishable under one or more of Sections 11418, 11418.
• § 788 — The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State.
• § 789 — The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen or embezzled, and bringing the same into t
• § 790 — (a) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted or in the county in which the injured party died or in the county in which hi
• § 791 — In the case of an accessory, as defined in Section 32, in the commission of a public offense, the jurisdiction is in any competent court within the jurisdictional territory of which the offense of the
• § 792 — The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the offense is in the same court it would be un
• § 793 — When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal ther
• § 793.5 — Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody i
• § 794 — Where an offense is within the jurisdiction of two or more courts, a conviction or acquittal thereof in one court is a bar to a prosecution therefor in another.
• § 795 — The jurisdiction of a violation of Sections 412, 413, or 414, or a conspiracy to violate any of said sections, is in any competent court within the jurisdictional territory of which: First.
• § 799 — (a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commen
• § 8 — Whenever, by any of the provisions of this Code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body
• § 800 — Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for
• § 8000 — The Legislature finds and declares that the existence of live-in alternative to incarceration rehabilitation programs with special focus on substance abusers provide a useful alternative to incarcerat
• § 8001 — For purposes of this title, a live-in alternative to incarceration rehabilitation program with special focus on substance abusers means any long-term (two-year minimum) private, nonprofit program that
• § 8002 — Notwithstanding any other provision of law, the participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers, when partici
• § 801 — Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three yea
• § 801.1 — (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.
• § 801.2 — Notwithstanding any other limitation of time prescribed in this chapter, prosecution for a violation of subdivision (b) of Section 311.
• § 801.5 — Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commissio
• § 801.6 — Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embez
• § 801.7 — (a) Notwithstanding Section 801 or any other law, prosecution for a felony offense described in Section 502 shall be commenced within three years after discovery of the commission of the offense, or w
• § 801.8 — (a) Notwithstanding any other limitation of time described in this chapter, prosecution for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected b
• § 802 — (a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall
• § 802.5 — Notwithstanding Section 802 or any other provision of law, prosecution for the offense described in Section 18897.
• § 803 — (a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
• § 803.5 — With respect to a violation of Section 115 or 530.
• § 803.6 — (a) If more than one time period described in this chapter applies, the time for commencing an action shall be governed by that period that expires the latest in time.
• § 803.7 — (a) Notwithstanding any other law, prosecution for a violation of Section 273.
• § 804 — Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: (a) An indictment or information is filed.
• § 805 — For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardle
• § 8050 — This chapter shall be known and may be cited as the Community-Based Punishment Act of 1994.
• § 8051 — The Legislature hereby finds and declares as follows: (a) Community-based punishment programs require a partnership between the state and local government to provide and expand the use of intermediate
• § 8052 — As used in this chapter, the following definitions shall apply: (a) “Board” means the Board of Corrections, unless otherwise indicated.
• § 806 — A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate.
• § 8060 — This chapter shall be administered by the board.
• § 8061 — The board, in collaboration with state, local, and community-based departments, agencies, and organizations shall do the following: (a) Describe the parameters of effective community-based punishment
• § 807 — A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.
• § 808 — The following persons are magistrates: (a) The judges of the Supreme Court.
• § 8080 — Each county or collaboration of counties electing to operate a community-based punishment program under this chapter shall develop a community-based punishment plan describing the continuum of sanctio
• § 809 — The night-time commissioner of the Santa Clara County Superior Court shall be considered a magistrate for the purpose of conducting prompt probable cause hearings for persons arrested without an arres
• § 8090 — Implementation of this chapter pursuant to Section 8060 is contingent upon the availability of funding.
• § 8091 — (a) From the amount of money appropriated for purposes of this chapter to the board, the board shall allocate block grants to counties or collaborations of counties that have passed a community correc
• § 8092 — The board, in collaboration with its member and constituent agencies and departments, shall seek startup funding for community-based punishment planning and programming from public and private sources
• § 8093 — The board shall monitor the expenditures and funds of participating counties and collaborations of counties to determine whether the funds are being expended in accordance with all the requirements of
• § 810 — (a) The presiding judge of the superior court in a county shall, as often as is necessary, designate on a schedule not less than one judge of the court to be reasonably available on call as a magistra
• § 813 — (a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or she sits, if, and only if, the magistrate is satisfied from the
• § 814 — A warrant of arrest issued under Section 813 may be in substantially the following form: County of ____ The people of the State of California to any peace officer of said State: Complaint on oath havi
• § 815 — A warrant of arrest shall specify the name of the defendant or, if it is unknown to the magistrate, judge, justice, or other issuing authority, the defendant may be designated therein by any name.
• § 815a — At the time of issuing a warrant of arrest, the magistrate shall fix the amount of bail which in his judgment in accordance with the provisions of section 1275 will be reasonable and sufficient for th
• § 816 — A warrant of arrest shall be directed generally to any peace officer, or to any public officer or employee authorized to serve process where the warrant is for a violation of a statute or ordinance wh
• § 816a — A summons issued pursuant to Section 813 shall be served by any peace officer, or any public officer or employee authorized to serve process when the summons is for a violation of a statute or ordinan
• § 817 — (a) (1) Before issuing an arrest warrant, the magistrate shall examine a declaration of probable cause made by a peace officer or, when the defendant is a peace officer, an employee of a public prosec
• § 817.5 — (a) On or after June 30, 2001, upon the issuance of any arrest warrant, the issuing law enforcement agency may enter the warrant information into the Department of Justice’s Wanted Persons System.
• § 818 — In any case in which a peace officer serves upon a person a warrant of arrest for a misdemeanor offense under the Vehicle Code or under any local ordinance relating to stopping, standing, parking, or
• § 819 — (a) It is the public policy of the state that an out-of-state arrest warrant for an individual based on violating another state’s law against providing, receiving, or allowing their child to receive g
• § 821 — If the offense charged is a felony, and the arrest occurs in the county in which the warrant was issued, the officer making the arrest must take the defendant before the magistrate who issued the warr