Title PEN — California Penal Code

An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the state.

Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by Section 1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishabl…

Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.

(a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the f…

(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 …

For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or b…

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 el…

(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 repor…

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.

(a) The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following: (1) The amount and the types of offenses known to the public authorities. (2) The personal and social characteristics of criminals and deli…

(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 an…

(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…

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.

(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 t…

The annual report published by the department pursuant to Section 13010 shall include information concerning arrests for violations of Section 597.

The information published on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 236.1 and the number of individuals reported as a victim of human trafficking, as defined in Section 236.1, through the Califor…

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 po…

(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) Ad…

(a) The Department of Justice shall submit a plan for the replacement of the Juvenile Court and Probation Statistical System (JCPSS) with a modern database and reporting system. The plan shall be submitted to the Assembly and Senate budget subcommittees on public safety, and the …

(a) For the purposes of this section, the following terms are defined as follows: (1) “Council” means the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement. (2) “Intellectual and Developmental Disability” …

If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom the commitment was directed, in the manner provided in Sections 1300 and 1301, the court shall order a return of the dep…

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, t…

(a) Records and data reported in alignment with the federal National Incident-Based Reporting system, pursuant to Sections 13010 and 13020, shall be disaggregated by whether an incident occurred in Indian country. (b) As used in this section, the term “Indian country” has the sam…

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.

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 …

(a) This section shall be subject to the availability of adequate funding. (b) (1) The Attorney General shall direct state and local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be …

If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal. If, within such period, the defendant is arrested and charged with a public…

Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is released on his or her own recognizance shall be exonerated two years from the effective date of the initial bond, provide…

(a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following: (A) Arraignment. (B) Trial. (C) Judgment. (D) Any other occasion prior to …

If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court has reason to believe that sufficient excuse may exist for the failure to appear, the court may continue the case for a per…

If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the clerk of the court shall within 30 days mail notice thereof to the surety or depositor at the address of its principal office, mail a copy to …

The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs and attorney’s fees incurred in successfully opposing a motion to vacate the forfeiture and in collecting on the summary judgment…

Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180-day period provided in that section. The motion shall include a declaration or affidavit that states the reasons…

Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305: (a) If the amount in controversy exceeds thirty-five …

(a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and exonerate the bond if both of the following conditions are met: (1) The person was arrested on the same case within the coun…

(a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture shall enter a summary judgment against each bondsman named in the bond in the amount for which the…

The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to Section 40512 of the Vehicle Code in those cases arising under Section 40500 of the Vehicle Code.

If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 180 days, unless the court has before that time discharged the forfeitu…

(a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered pursuant to Section 1306 remains unpaid after the expiration of 30 days after service of the notice of the entry of the summary j…

The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendan…

The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, marshal, or policeman in this state, and committed to the officer in whose custody he or she was at the time he or s…

The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be indorsed by a magistrate of that county. (Enacted 1872.)

If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order. (Enacted 1872.)

If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which must be specified in the order. (Enacted 1872.)

When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the Court. (Enacted 1872.…

When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on the ____ day of ____, A.D. eighteen ____, by the Court (naming it), that A. B. be admitted to bail in the sum of ____ dollars, in a…

The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter. (Enacted 1872.)

(a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes: (1) The defendant’s promise to appear at all times and places,…

(a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance. (b) Whenever a court has employed an investigative staff pursuant to subdivision…

(a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge, and until the prosecuting attorney is given notice and a reasonable …