Article 2. Criminal Investigation of California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 2.
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
investigators for the investigation or detection of crimes, and the
apprehension or prosecution of criminals.
(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
requesting, the department's laboratory facilities and personnel and
the department's technical experts, including but not limited to
such personnel as fingerprint examiners, criminalists, document
examiners and intelligence specialists for the purpose of assisting
in the investigation of criminal matters, the detection of crimes and
the apprehension or prosecution of criminals.
(b) The Attorney General may, upon the request of any public
defender or private defense counsel appointed by the court, make
available to such public defender or such private appointed counsel,
the department's laboratory facilities and personnel and the
department's technical experts, including but not limited to such
personnel as fingerprint examiners, criminalists, document examiners
and intelligence specialists for the purpose of assisting in the
representation by such public defender or private appointed counsel
of persons in criminal proceedings. The Attorney General may contract
with each county whose public defender or such private appointed
counsel makes requests pursuant to this subdivision for the payment
of the reasonable costs of time and material in making available
information, services or facilities pursuant to this subdivision. No
information, services or facilities shall be made available to such
public defender or private appointed counsel unless the county so
contracts with the Attorney General.
(c) A copy of any information, including the results of any
analysis, furnished by the Attorney General to a public defender, or
private defense counsel appointed by the court, pursuant to
subdivision (b) shall be sent to the district attorney of the county
in which the public defender is located. If this subdivision or its
application to any person or circumstance is invalid, subdivision (b)
shall not be operative.
(d) The Department of Justice may charge a fee for the laboratory
services it performs.
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 or her duties under Article V, Section 13 of the
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.
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 is engaged in war, or whenever a war emergency has been
declared to exist by the President of the United States, the Attorney
General may appoint for the duration of the war or emergency, as the
case may be, such additional special criminal investigators not to
exceed nine in number as he deems necessary to carry out the
provisions of this chapter. There shall not be more than 15 such
investigators employed at any one time. The employment of such
investigators shall terminate not later than 90 days after the
conclusion of peace or the official termination of the emergency by
the President or the Governor.
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
General particularly specifying the office, department or person to
be investigated and the scope and purposes of the investigation.
(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, child abduction recoveries and returns under
the Hague Convention on the Civil Aspects of International Child
Abduction, and law enforcement investigative matters. The unit is
also responsible for assisting local law enforcement in obtaining
information from foreign officials on foreign prosecution matters.
(b) The Foreign Prosecution and Law Enforcement Unit shall do all
of the following:
(1) For those countries having extraterritorial jurisdiction
allowing for the prosecution of their citizens for crimes committed
in California, the unit shall, upon request, provide informational
assistance to local law enforcement on foreign prosecution protocols
and provide technical assistance in preparing investigative materials
for forwarding and filing in international jurisdictions. The unit
shall provide information and assistance on the scope and uses of
foreign prosecution to California prosecutors and law enforcement
agencies. The unit shall be responsible for tracking foreign
prosecution cases presented by California law enforcement agencies.
The unit shall collect information on a statewide basis regarding
foreign prosecution cases for the primary purpose of analyzing the
information it collects and disseminating its conclusions to local
law enforcement agencies. Local law enforcement agencies shall retain
the authority to prepare and present foreign prosecution cases
without the assistance of the unit.
(2) The unit shall assist district attorneys in recovering
children from Mexico, and, where appropriate, other countries either
in court-ordered returns pursuant to the Hague Convention or
(3) The unit shall, upon request, assist local law enforcement
agencies and foreign law enforcement in formal requests under the
Mutual Legal Assistance Treaty. The unit shall, upon request, also
assist California law enforcement agencies and foreign officials in
informal requests for mutual legal assistance.
(4) The unit, under the direction of the Attorney General, shall
provide information to local law enforcement on sensitive diplomatic