Recent Developments in California Criminal Law
The following are recent amendments to California Law pertaining to criminal cases as of 2007.
“Alcohol Without Liquid” Devices
Selling (or offering for sale) vaporized alcohol is a misdemeanor, punishable by up to a $1,000 fine
and/or 6 months imprisonment in county jail. A person who purchases or uses vaporized alcohol is
subject to a fine up to $250. Possession or sale of an alcohol vaporizing device is a misdemeanor.
(Business & Professions Code §25621)
Animal Fighting
A first conviction for animal fighting is now punishable by up to a $5,000 fine and/or 1 year
imprisonment. A second or subsequent conviction for animal fighting or cockfighting is a misdemeanor
or a felony punishable by imprisonment in a county jail for a period not to exceed 1 year or the state
prison for 16 months, 2 or 3 years and/or a $25,000 fine. (Penal Code § 597b)
It is a misdemeanor to knowingly be present as a spectator at, or when preparations are being made for,
an animal fight or cockfight. (Penal Code § 597c)
Cruelty to Animals
It is unlawful to tether, fasten, chain or tie a dog to a dog house, tree, fence or other stationary object.
The offense is an infraction, punishable by a $250 fine per dog, or a misdemeanor, punishable by up to a
$1,000 fine per dog and/or 6 months imprisonment. A correction warning may be issued instead. This
section does not apply if the dog is attached to a running line or trolley system, if the dog is restrained
pursuant to the requirements of a camping or recreation area, if the dog is restrained for a reasonable
time while its owner completes a temporary task, or if the owner is engaged in shepherding or herding
livestock or agricultural activities. (Health & Safety Code §122335)
It is unlawful leave or confine an animal in any unattended motor vehicle under conditions that endanger
the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or
water, or other circumstances that could reasonably be expected to cause suffering, disability or death to
the animal. If the animal suffers great bodily injury, violation of this section is punishable by a fine up
to $500 and/or 6 months imprisonment. Otherwise, a first violation is punishable by a fine up to $100
per animal. A subsequent violation, regardless of injury to the animal, is punishable by a fine up to $500
and/or 6 months imprisonment. A peace officer, humane officer or animal control officer is authorized to
take all steps that are reasonably necessary for the removal of an animal from a vehicle, including, but
not limited to, breaking into the vehicle, after a reasonable effort to locate the owner or other person
responsible. The officer must then take the animal to an shelter or other place of safekeeping or, if the
officer deems necessary, to a veterinary hospital for treatment. After removing an animal, the officer
must, in a secure and conspicuous location on or within the vehicle, leave written notice bearing his or
her name and office, and the address of the location where the animal can be claimed. The animal may be
claimed by the owner only after payment of all charges that have accrued for the maintenance, care,
medical treatment or impoundment of the animal. (Penal Code § 597.7)
Failure to Disclose Origin of a Recording
Failure to disclose the origin of audio recordings is now a felony if the offense involves at least 100
recordings. (Penal Code § 653w)
Arraignment
A defendant charged with a misdemeanor involving DUI must be present for arraignment, at the time of
the plea or at sentencing. (Penal Code § 977)
DNA Testing
Persons arrested for murder, voluntary manslaughter, a felony sex offense, or an attempt to commit the
same, must provide a DNA sample and thumb and palm prints immediately following arrest, or during
the booking or intake or prison center reception process, or as soon as administratively practicable after
arrest (and in all cases prior to the arrestee’s release from physical custody). (Penal Code § 296.1)
Officers of a state hospital are among those authorized to use reasonable force to collect a DNA sample
or thumb or palm prints. (Penal Code § 298.1)
Probation for Domestic Violence
A defendant granted probation following a domestic violence offense must pay a minimum $400. (Penal
Code § 1203.097)
Protective Orders
A law enforcement officer who responds to a situation in which the officer believes there may be ground
for issuance of an emergency protective order must inform the victim (or the parent or guardian of the
victim unless the parent or guardian would be the subject of the order) that he or she may request the
officer request such an order. (Family Code § 6275)
A person served with a protective order must immediately surrender any firearm in his or her immediate
possession upon the request of the law enforcement officer serving the order. Alternatively, if the
officer does no so request, the weapons must be surrendered to a local law enforcement agency or
licensed gun dealer within 24 hours. The respondent must then file a receipt with the court indicating
that the firearms have been surrendered within 48 hours. Application forms for a protective order must
require the petitioner to describe the number, type and location of all firearms known to be possessed or
controlled by the respondent. (Family Code § 6389)
Probation in Drug Cases
A defendant who is armed with a deadly weapon while unlawfully in possession or under the influence
of an illegal substance is not eligible for probation under the Substance Abuse and Crime Prevention Act
(SACPA). A defendant who has served three separate prison terms for three separate non-drug-related
felonies is presumed eligible for parole under SACPA, but may be excluded if the court finds that he or
she poses a danger to others or would not benefit from drug treatment. Drug treatment may be required
as a condition of probation for up to 24 months, if the court deems this appropriate. A defendant who
violates probation under SACPA may be placed in jail for up to 48 hours following the first violation, or
120 hours following the second. The defendant may also be placed in a detoxification program for up to
10 days following recent drug use. A defendant may continue on probation following a third violation
only if the court finds that he or she is not a danger to the community and would benefit from further
treatment; the court may either intensify or alter the treatment plan, or transfer the defendant to a highly
structured drug court. (Penal Code § 1210.1)
False Police Reports
It is unlawful to make a false police report which results in or could result in activation of the
Emergency Alert System , sometimes referred to as "Amber Alert" (this section does not apply to a
good faith report of a missing child by a parent or guardian). (Penal Code § 148.3)
Rape
The requirement that spousal rape be reported to a third party before prosecution may be commenced
has been abolished. (Penal Code § 262)
Registered Sex Offenders
A registered sex offender who applies for or accepts a position as an employee or volunteer which
requires him or her to touch minor children on more than an incidental and occasional basis must disclose
his or her status as a registrant to the employer. (Penal Code § 290.95)
Beginning July 1, 2008, every adult male required to register as a sex offender who is assessed at a high
risk of reoffending must be continuously monitored electronically as a condition of parole. (Penal Code §
3004)
The Department of Corrections may prohibit a registered sex offender from contacting the victim or a
member of the victim’s immediate family; the Department must issue such an order if requested by the
victim or a family member. (Penal Code § 3053.6)
Identity Theft
For purposes of identity theft, “personal identifying information” includes any equivalent form of
identification to those listed in the statute. In addition, the term “person” includes not only a natural
person but also a firm, association, organization, partnership, business trust, corporation, limited
liability corporation, or public entity. (Penal Code § 530.5)
Assault Weapons
Unlawful possession of any assault weapon or .50 BMG rifle is a public nuisance. In lieu of criminal
prosecution, the Attorney General, a district attorney or a city attorney may bring a civil action or reach
a civil compromise to enjoin possession of such a weapon. A superior court may impose a civil fine up
to $300 for the first nuisance, weapon, and $100 for each additional nuisance weapon. A weapon which
has been declared a nuisance must be destroyed. Upon conviction for a misdemeanor or felony involving
illegal possession or use of an assault weapon, the weapon shall be deemed a public nuisance. (Penal
Code § 12282)
BB gun Devices
It is a public offense, punishable by up to 1 year imprisonment in county jail, to willfully discharge a
BB device in a grossly negligent manner which could result in death or injury. (Penal Code § 246.3)
Firearms
A person prohibited from obtaining a firearm who knowingly furnishes a fictitious name or address or
other incorrect information, or who knowingly omits information, when purchasing or obtaining a
firearm faces up to 1 year in county jail or 8, 12 or 18 months in the state prison. (Penal Code § 12076)
Our Law firm is committed to defending all criminal matters. Call us or contact a local Burbank Criminal
Defense Attorney for a free initial consultation.
All legal references are provided by LexisNexis.
“Alcohol Without Liquid” Devices
Selling (or offering for sale) vaporized alcohol is a misdemeanor, punishable by up to a $1,000 fine
and/or 6 months imprisonment in county jail. A person who purchases or uses vaporized alcohol is
subject to a fine up to $250. Possession or sale of an alcohol vaporizing device is a misdemeanor.
(Business & Professions Code §25621)
Animal Fighting
A first conviction for animal fighting is now punishable by up to a $5,000 fine and/or 1 year
imprisonment. A second or subsequent conviction for animal fighting or cockfighting is a misdemeanor
or a felony punishable by imprisonment in a county jail for a period not to exceed 1 year or the state
prison for 16 months, 2 or 3 years and/or a $25,000 fine. (Penal Code § 597b)
It is a misdemeanor to knowingly be present as a spectator at, or when preparations are being made for,
an animal fight or cockfight. (Penal Code § 597c)
Cruelty to Animals
It is unlawful to tether, fasten, chain or tie a dog to a dog house, tree, fence or other stationary object.
The offense is an infraction, punishable by a $250 fine per dog, or a misdemeanor, punishable by up to a
$1,000 fine per dog and/or 6 months imprisonment. A correction warning may be issued instead. This
section does not apply if the dog is attached to a running line or trolley system, if the dog is restrained
pursuant to the requirements of a camping or recreation area, if the dog is restrained for a reasonable
time while its owner completes a temporary task, or if the owner is engaged in shepherding or herding
livestock or agricultural activities. (Health & Safety Code §122335)
It is unlawful leave or confine an animal in any unattended motor vehicle under conditions that endanger
the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or
water, or other circumstances that could reasonably be expected to cause suffering, disability or death to
the animal. If the animal suffers great bodily injury, violation of this section is punishable by a fine up
to $500 and/or 6 months imprisonment. Otherwise, a first violation is punishable by a fine up to $100
per animal. A subsequent violation, regardless of injury to the animal, is punishable by a fine up to $500
and/or 6 months imprisonment. A peace officer, humane officer or animal control officer is authorized to
take all steps that are reasonably necessary for the removal of an animal from a vehicle, including, but
not limited to, breaking into the vehicle, after a reasonable effort to locate the owner or other person
responsible. The officer must then take the animal to an shelter or other place of safekeeping or, if the
officer deems necessary, to a veterinary hospital for treatment. After removing an animal, the officer
must, in a secure and conspicuous location on or within the vehicle, leave written notice bearing his or
her name and office, and the address of the location where the animal can be claimed. The animal may be
claimed by the owner only after payment of all charges that have accrued for the maintenance, care,
medical treatment or impoundment of the animal. (Penal Code § 597.7)
Failure to Disclose Origin of a Recording
Failure to disclose the origin of audio recordings is now a felony if the offense involves at least 100
recordings. (Penal Code § 653w)
Arraignment
A defendant charged with a misdemeanor involving DUI must be present for arraignment, at the time of
the plea or at sentencing. (Penal Code § 977)
DNA Testing
Persons arrested for murder, voluntary manslaughter, a felony sex offense, or an attempt to commit the
same, must provide a DNA sample and thumb and palm prints immediately following arrest, or during
the booking or intake or prison center reception process, or as soon as administratively practicable after
arrest (and in all cases prior to the arrestee’s release from physical custody). (Penal Code § 296.1)
Officers of a state hospital are among those authorized to use reasonable force to collect a DNA sample
or thumb or palm prints. (Penal Code § 298.1)
Probation for Domestic Violence
A defendant granted probation following a domestic violence offense must pay a minimum $400. (Penal
Code § 1203.097)
Protective Orders
A law enforcement officer who responds to a situation in which the officer believes there may be ground
for issuance of an emergency protective order must inform the victim (or the parent or guardian of the
victim unless the parent or guardian would be the subject of the order) that he or she may request the
officer request such an order. (Family Code § 6275)
A person served with a protective order must immediately surrender any firearm in his or her immediate
possession upon the request of the law enforcement officer serving the order. Alternatively, if the
officer does no so request, the weapons must be surrendered to a local law enforcement agency or
licensed gun dealer within 24 hours. The respondent must then file a receipt with the court indicating
that the firearms have been surrendered within 48 hours. Application forms for a protective order must
require the petitioner to describe the number, type and location of all firearms known to be possessed or
controlled by the respondent. (Family Code § 6389)
Probation in Drug Cases
A defendant who is armed with a deadly weapon while unlawfully in possession or under the influence
of an illegal substance is not eligible for probation under the Substance Abuse and Crime Prevention Act
(SACPA). A defendant who has served three separate prison terms for three separate non-drug-related
felonies is presumed eligible for parole under SACPA, but may be excluded if the court finds that he or
she poses a danger to others or would not benefit from drug treatment. Drug treatment may be required
as a condition of probation for up to 24 months, if the court deems this appropriate. A defendant who
violates probation under SACPA may be placed in jail for up to 48 hours following the first violation, or
120 hours following the second. The defendant may also be placed in a detoxification program for up to
10 days following recent drug use. A defendant may continue on probation following a third violation
only if the court finds that he or she is not a danger to the community and would benefit from further
treatment; the court may either intensify or alter the treatment plan, or transfer the defendant to a highly
structured drug court. (Penal Code § 1210.1)
False Police Reports
It is unlawful to make a false police report which results in or could result in activation of the
Emergency Alert System , sometimes referred to as "Amber Alert" (this section does not apply to a
good faith report of a missing child by a parent or guardian). (Penal Code § 148.3)
Rape
The requirement that spousal rape be reported to a third party before prosecution may be commenced
has been abolished. (Penal Code § 262)
Registered Sex Offenders
A registered sex offender who applies for or accepts a position as an employee or volunteer which
requires him or her to touch minor children on more than an incidental and occasional basis must disclose
his or her status as a registrant to the employer. (Penal Code § 290.95)
Beginning July 1, 2008, every adult male required to register as a sex offender who is assessed at a high
risk of reoffending must be continuously monitored electronically as a condition of parole. (Penal Code §
3004)
The Department of Corrections may prohibit a registered sex offender from contacting the victim or a
member of the victim’s immediate family; the Department must issue such an order if requested by the
victim or a family member. (Penal Code § 3053.6)
Identity Theft
For purposes of identity theft, “personal identifying information” includes any equivalent form of
identification to those listed in the statute. In addition, the term “person” includes not only a natural
person but also a firm, association, organization, partnership, business trust, corporation, limited
liability corporation, or public entity. (Penal Code § 530.5)
Assault Weapons
Unlawful possession of any assault weapon or .50 BMG rifle is a public nuisance. In lieu of criminal
prosecution, the Attorney General, a district attorney or a city attorney may bring a civil action or reach
a civil compromise to enjoin possession of such a weapon. A superior court may impose a civil fine up
to $300 for the first nuisance, weapon, and $100 for each additional nuisance weapon. A weapon which
has been declared a nuisance must be destroyed. Upon conviction for a misdemeanor or felony involving
illegal possession or use of an assault weapon, the weapon shall be deemed a public nuisance. (Penal
Code § 12282)
BB gun Devices
It is a public offense, punishable by up to 1 year imprisonment in county jail, to willfully discharge a
BB device in a grossly negligent manner which could result in death or injury. (Penal Code § 246.3)
Firearms
A person prohibited from obtaining a firearm who knowingly furnishes a fictitious name or address or
other incorrect information, or who knowingly omits information, when purchasing or obtaining a
firearm faces up to 1 year in county jail or 8, 12 or 18 months in the state prison. (Penal Code § 12076)
Our Law firm is committed to defending all criminal matters. Call us or contact a local Burbank Criminal
Defense Attorney for a free initial consultation.
All legal references are provided by LexisNexis.
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Violation of probation | Sex Offense Registration Law | Marijuana | Consequences for Leaving the scene of
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