PENAL CODE
Preliminary
Provisions
PC § 681. No person can be
punished for a public offense, except upon a legal conviction in a Court having jurisdiction
thereof.
PC §
690. The provisions of Part 2 (commencing with Section 681) shall
apply to all criminal actions and proceedings in all courts, except where jurisdictional
limitations or the nature of specific provisions prevent, or special provision
is made for particular courts or proceedings.
PC § 691. The following
words have in Part 2 (commencing with Section 681) the signification attached
to them in this section, unless it is otherwise apparent from the context:
(a) The words
“competent court” when used with reference to the jurisdiction over any public
offense, mean any court the
subject matter jurisdiction of which includes the offense so mentioned.
Of The
Local Jurisdiction of Public Offenses
PC § 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
except as otherwise provided by law the jurisdiction of every public offense is in any competent
court within the jurisdictional territory of which it is committed.
GOVERNMENT CODE
TITLE 2. GOVERNMENT OF THE STATE OF
CALIFORNIA
DIVISION 3. EXECUTIVE DEPARTMENT
PART 1. STATE DEPARTMENTS AND AGENCIES
CHAPTER 2. State Departments
GOV
C. § 11150. It is the policy of this State
to vest in the Governor the civil administration of the laws of the State and
for the purpose of aiding the Governor in the execution and administration of
the laws to divide the
executive and administrative work into departments as provided
by law.
(Added
by Stats. 1945, Ch. 111.)
GOV C. § 11157. The Attorney General is the legal adviser of each department
in all matters relating to the department and to the powers and duties of its
officers. Upon request of the head of a department, the Attorney General, or
under his direction, the district attorney of any county in which the
proceeding is brought, shall aid in any investigation, hearing, prosecution or
trial had under the laws which the department is required to administer, and
shall institute and prosecute all necessary actions or proceedings for the
enforcement of such law and for the punishment of all violations thereof.
GOV. C.
§ 11158. The sheriffs in the several counties shall
execute all lawful orders of a department in their counties.
ARTICLE 2. INVESTIGATIONS
AND HEARINGS
GOV C. 11180. The
head of each department may make investigations and prosecute actions
concerning:
(a) All matters relating to the business activities and
subjects under the jurisdiction of the department.
(b) Violations of any law or rule or order of the
department.
(c) Such other matters as may be provided by law.
JOINT DEPARTMENT PROSECUTIONS
GOV C. 11180.5. At the request of a prosecuting attorney or the
Attorney General, any agency, bureau, or department of this state, any other
state, or the United States may assist in conducting an investigation of any
unlawful activity that involves matters within or reasonably related to the
jurisdiction of the agency, bureau, or department. This investigation may be
made in cooperation with the prosecuting attorney or the Attorney General. The
prosecuting attorney or the Attorney General may disclose documents or
information acquired pursuant to the investigation to another agency, bureau,
or department if the agency, bureau, or department agrees to maintain the
confidentiality of the documents or information received to the extent required
by this article.
GOV C. 11181. In
connection with any investigation or action authorized by this article, the
department head may do any of the following:
(a) Inspect and copy books, records, and
other items described in subdivision (e).
(b) Hear complaints.
(c) Administer oaths.
(d) Certify to all official acts.
(e) Issue subpoenas for the attendance of
witnesses and the production of papers, books, accounts, documents, any writing
as defined by Section 250 of the Evidence Code, tangible things, and testimony
pertinent or material to any inquiry, investigation, hearing, proceeding, or
action conducted in any part of the state.
(f) Promulgate interrogatories pertinent
or material to any inquiry, investigation, hearing, proceeding, or action.
(g) Divulge information or evidence
related to the investigation of unlawful activity discovered from interrogatory
answers, papers, books, accounts, documents, and any other item described in
subdivision (e), or testimony, to the Attorney General or to any prosecuting
attorney of this state, any other state, or the United States who has a
responsibility for investigating the unlawful activity investigated or
discovered, or to any governmental agency responsible for enforcing laws
related to the unlawful activity investigated or discovered, if the Attorney
General, prosecuting attorney, or agency to which the information or evidence
is divulged agrees to maintain the confidentiality of the information received
to the extent required by this article.
(h) Present information or evidence
obtained or developed from the investigation of unlawful activity to a court or
at an administrative hearing in connection with any action or proceeding.
GOV
C. 11182. The head of a department
may delegate the powers conferred upon him by this article to any officer of
the department he authorizes to conduct the investigation or hearing.
GOV
C. 11183. Except in a report to
the head of the department or when called upon to testify in any court or
proceeding at law or as provided in Section 11180.5 or subdivisions (g) and (h)
of Section 11181, an officer shall not divulge any information or evidence
acquired by the officer from the interrogatory answers or subpoenaed private
books, documents, papers, or other items described in subdivision (e) of
Section 11181 of any person while acting or claiming to act under any
authorization pursuant to this article, in respect to the confidential or
private transactions, property or business of any person. An officer who
divulges information or evidence in violation of this section is guilty of a
misdemeanor and disqualified from acting in any official capacity in the
department.
GOV
C. 11184. (a) In any hearing
in any part of the state or in any investigation conducted under this article,
the head of the department shall issue process and subpoenas in a manner
consistent with the California Constitution and the United States Constitution,
and the process and subpoenas shall be served in the same manner as provided
for the service of a summons as described in Chapter 4 (commencing with Section
413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Service of process
and subpoenas may be effectuated by any person designated for that purpose by
the head of the department. The person serving any process or a subpoena may
receive compensation as is allowed by the head of the department not to exceed
the fees prescribed by law for similar service. This compensation shall be paid
in the manner provided in this article for the payment of the fees of
witnesses.
(b) If the subpoena requires oral
testimony from a witness who is not a natural person, the subpoena shall
describe, with reasonable particularity, the matters on which examination is
requested. In that event, the subpoenaed witness shall designate and produce at
the hearing those natural persons who are most qualified to testify on behalf
of the subpoenaed witness about those matters to the extent of any information
known or reasonably available to the subpoenaed witness. The subpoena shall
notify the witness named in the subpoena of its duty to designate and produce
natural persons to testify as described in this subdivision.
SUPERIOR
COURT JURISDICTION TO COMPEL WITNESSES
GOV
C. 11186. The superior court in
the county in which any hearing is held or any investigation is conducted under
the direction of the head of a department or the county in which testimony is
designated to be given or documents or other items are designated to be
produced, has jurisdiction to compel the attendance of witnesses, the giving of
testimony, the answering without objection of interrogatories, and the
production, inspection, and copying of papers, books, accounts, documents, and
other items described in subdivision (e) of Section 11181 as required by any
subpoena issued by the department head.
