ARTICLE 2. General Powers and Duties [12510 - 12536]
( Article 2 added by Stats. 1945, Ch. 111. )
The Attorney General is head of the Department of Justice.
(Added by Stats. 1945, Ch. 111.)
The Attorney General has charge, as attorney, of all legal matters in which the State is interested, except the business of The Regents of the University of California and of such other boards or officers as are by law authorized to employ attorneys.
(Added by Stats. 1945, Ch. 111.)
The Attorney General may defend a public or private provider of health care, as defined in Section 56.05 of the Civil Code, and its officers, employees, agents, and subcontractors against any claim that the civil rights of a person in state custody were violated in the provision of health care services, where those services were provided under contract with, or under the control of, the Department of Corrections. Defense of the provider of health care is conditioned upon the provider maintaining insurance for professional negligence.
(Added by Stats. 1995, Ch. 749, Sec. 5. Effective October 10, 1995.)
Defense of the California Legislature Transparency Act. If an action is brought challenging, in whole or in part, the validity of the California Legislature Transparency Act, the following shall apply:
(a) The Legislature shall continue to comply with the act unless it is declared unconstitutional pursuant to a final judgment of an appellate court.
(b) Except as set forth in subdivision (c), the Attorney General shall defend against any action challenging, in whole or in part, the validity of the act, and shall have an unconditional right to intervene in any action addressing the validity of the act.
(c) If the Attorney General declines
to defend the validity of the act in any action, the Attorney General shall nonetheless file an appeal from, or seek review of, any judgment of any court that determines that the act is invalid, in whole or in part, if necessary or appropriate to preserve the state’s standing to defend the law in conformity with the Attorney General’s constitutional duty to see that the laws of the state are adequately enforced.
(d) The official proponents of the act have an unconditional right to participate, either as interveners or real parties in interest, in any action affecting the validity or interpretation of the act. Where the Governor and Attorney General have declined to defend the validity of the act, the official proponents are also authorized to act on the state’s behalf in asserting the state’s interest in the validity of the act in any such action and to appeal from any judgment invalidating the act.
(e) Nothing in this section precludes other public officials from asserting the state’s interest in the validity of the act.
(Added November 8, 2016, by initiative Proposition 54, Sec. 6.1.)
The Attorney General shall attend the Supreme Court and prosecute or defend all causes to which the state, or any state officer, is a party in the state officer’s official capacity.
(Amended by Stats. 2021, Ch. 50, Sec. 91. (AB 378) Effective January 1, 2022.)
After judgment in any of the causes referred to in Section 12512, the Attorney General shall direct the issuing of such process as may be necessary to carry the judgment into execution.
(Added by Stats. 1945, Ch. 111.)
Any person who fails to pay on a timely basis any liability or penalty imposed by or on behalf of any state agency or official, the People of the State of California, the State of California, or any liability or penalty otherwise imposed in any matter prosecuted by the Attorney General, shall be required to pay, in addition to that liability or penalty, interest, reasonable attorneys’ fees, and costs for any collection proceedings to enforce payment.
(Added by Stats. 2006, Ch. 69, Sec. 3. Effective July 12, 2006.)
The Attorney General shall keep a docket of all causes in which the Attorney General is required to appear. The docket shall be open to the inspection of the public during business hours, and shall show:
(a) The county and court in which the causes have been instituted and tried.
(b) Whether they are civil or criminal.
(c) The stage of the proceedings.
(d) If civil, the nature of the demand and judgment, any process issued thereon, and satisfaction of the judgment or the return of the sheriff.
(e) If criminal, the nature of the crime, the mode of prosecution, the sentence, the execution of the sentence, or the reasons for the delay or prevention of execution.
(Amended by Stats. 2021, Ch. 50, Sec. 92. (AB 378) Effective January 1, 2022.)
The Attorney General shall bid upon and purchase, in the name of the state and under the direction of the Department of General Services, any property offered for sale under execution issued upon judgments in favor or for the use of the state, and enter satisfaction in whole or in part, of such judgments as the consideration for such purchase.
(Amended by Stats. 1965, Ch. 371.)
Whenever the property of a judgment debtor in any judgment in favor or for the use of the state has been sold under a prior judgment, or is subject to any prior judgment, lien, or encumbrance, the Attorney General shall, under the direction of the Department of General Services, redeem the property from the prior judgment, lien, or encumbrance. Upon order of the Department of General Services, the money necessary for redemption shall be paid out of any appropriation for that purpose.
(Amended by Stats. 1965, Ch. 371.)
When in the Attorney General’s opinion it may be necessary for the collection or enforcement of any judgment in favor or for the use of the state, the Attorney General shall institute and prosecute, on behalf of the state, actions or proceedings to set aside and annul all conveyances fraudulently made by judgment debtors. When allowed by the Department of General Services, the necessary cost shall be paid out of any available appropriation.
(Amended by Stats. 2021, Ch. 50, Sec. 93. (AB 378) Effective January 1, 2022.)
Whenever any action is brought against the state or any state agency involving the title, or right to possession or the boundaries of any lands belonging to the state or in which it has any interest, the Attorney General may, when in the Attorney General’s judgment the public interest so requires, upon the Attorney General’s own motion or upon the request of any state agency, appear as attorney in defense of the state or state agency.
Upon the Attorney General’s own motion or upon the request of any state agency, the Attorney General may institute such an action in the name of the people of the state or on behalf of any state agency.
(Amended by Stats. 2021, Ch. 50, Sec. 94. (AB 378) Effective January 1, 2022.)
The Attorney General shall give the Attorney General’s opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices.
The Attorney General shall give the Attorney General’s opinion in writing to a city prosecuting attorney when requested, upon any question of law relating to criminal matters.
(Amended by Stats. 2021, Ch. 50, Sec. 95. (AB 378) Effective January 1, 2022.)
(a) The Attorney General may not employ special counsel in any case except pursuant to either of the following:
(1) Article 3 (commencing with Section 12540).
(2) Article 4 (commencing with Section 12550).
(b) Subdivision (a) does not affect the right of the Attorney General to employ counsel to represent, or to assist in the representation of,
a state agency as defined in Section 11000, including the Attorney General or the Department of Justice, or to represent a state employee if that representation meets any of the standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of subdivision (b) of Section 19130.
(Amended by Stats. 2000, Ch. 626, Sec. 2. Effective January 1, 2001.)
The Attorney General shall account for and pay over to the proper officer all money which may come into the Attorney General’s possession belonging to the state or to any county.
(Amended by Stats. 2021, Ch. 50, Sec. 96. (AB 378) Effective January 1, 2022.)
On or before the 15th day of September in each even-numbered year, the Attorney General shall report to the Governor the condition of the affairs of the Attorney General’s office and of the reports the Attorney General has received from district attorneys.
(Amended by Stats. 2021, Ch. 50, Sec. 97. (AB 378) Effective January 1, 2022.)
The Attorney General may appear for and represent the Indians of the State of California before the Indian Claims Commission created by an act of Congress approved August 13, 1946 (Public Law 726).
(Added by Stats. 1955, Ch. 84.)
The Attorney General may, from time to time, and as often as occasion may require, call into conference the district attorneys and sheriffs of the several counties and the chiefs of police of the several municipalities of this state, or such of them as the Attorney General deems advisable, for the purpose of discussing the duties of their respective offices, with the view of uniform and adequate enforcement of the laws of this state as contemplated by Section 13 of Article V of the Constitution of this state.
(Amended by Stats. 2021, Ch. 50, Sec. 98. (AB 378) Effective January 1, 2022.)
(a) In any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death.
(b) If any of the information
provided pursuant to subdivision (a) changes or if new information becomes available regarding the death, including, but not limited to, the manner and means of death, the law enforcement agency or agency in charge of the correctional facility shall update its written report to the Attorney General within 10 days of the date of change or the date the new information becomes available.
(c) The writings in this section are public records within the meaning of Section 7920.530 of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and are open to public inspection pursuant to Sections 7922.500
to 7922.545, inclusive, 7923.000, and 7923.005. Nothing in this section shall permit the disclosure of confidential medical information that may have been submitted to the Attorney General’s office in conjunction with the report except as provided in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(Amended by Stats. 2024, Ch. 69, Sec. 1. (AB 3092) Effective January 1, 2025.)
(a) Each law enforcement agency shall monthly furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1) An incident involving the shooting of a civilian by a peace officer.
(2) An incident involving the shooting of a peace officer by a civilian.
(3) An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4) An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b) For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1) The gender, race, and age of each individual who was shot, injured, or killed.
(2) Whether the officer perceived the civilian had a developmental, physical, or mental disability.
(3) The date, time, and location of the incident.
(4) Whether the civilian was armed, and, if so, the type of weapon.
(5) The type of force used against the officer, the civilian, or both, including the types of weapons used.
(6) The number of officers involved in the incident.
(7) The number of civilians involved in the incident.
(8) The reason for contact.
(9) The reason for using force.
(10) The injuries sustained.
(11) If any medical aid was rendered.
(12) If the officer observed signs of any of the following:
(A) Mental, physical, or developmental disability.
(B) Drug or alcohol impairment.
(C) Erratic behavior.
(c) Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the department’s OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not
authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d) For the purposes of this section, the following terms are defined as follows:
(1) “Developmental disability” has the same meaning as in Section 4512 of the Welfare and Institutions Code.
(2) “Mental disability” has the same meaning as “serious mental disorder” in Section 5600.3 of the Welfare and Institutions Code.
(3) “Physical disability” has the same meaning as in Section 12926 of the Government Code.
(4) “Serious bodily injury” means a bodily injury that involves a
substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(Amended by Stats. 2022, Ch. 899, Sec. 1. (SB 882) Effective January 1, 2023.)
(a) For purposes of this subdivision, the following definitions apply:
(1) “Deadly weapon” includes, but it not limited to, any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
(2) “Unarmed civilian” includes anyone who is not in possession of a deadly weapon.
(b) (1) A state prosecutor shall investigate incidents of an officer-involved
shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.
(2) The state prosecutor is authorized to do all of the following:
(A) Investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if the civilian was unarmed or if there is a reasonable dispute as to whether the civilian was armed.
(B) For all investigations conducted, prepare and submit a written report. The written report shall include, at a minimum, the following information:
(i) A statement of the facts.
(ii) A detailed analysis and conclusion for each investigatory issue.
(iii) Recommendations to modify the policies and practices of the law enforcement agency, as applicable.
(C) If criminal charges against the involved officer are found to be warranted, initiate and prosecute a criminal action against the officer.
(3) The state prosecutor shall post and maintain on a public internet website each written report prepared by the state prosecutor pursuant to this subdivision, appropriately redacting any information in the report that is required by law to be kept confidential.
(c) (1) Commencing on July 1, 2023, the Attorney
General shall operate a Police Practices Division within the Department of Justice to, upon request of a local law enforcement agency, review the use of deadly force policies of that law enforcement agency.
(2) The program described in paragraph (1) shall make specific and customized recommendations to any law enforcement agency that requests a review pursuant to paragraph (1), based on those policies identified as recommended best practices.
(d) This section does not limit the Attorney General’s authority under the California Constitution or any applicable state law.
(e) Subject to an appropriation for this purpose by the Legislature, the department shall implement this section.
(Amended by Stats. 2021, Ch. 250, Sec. 2. (SB 715) Effective January 1, 2022.)
(a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year.
(2) Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round
of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.
(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:
(1) The time, date, and location of the stop.
(2) The reason for the stop.
(3) The reason given to the person stopped at the time of the stop.
(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
(5) If a warning or citation
was issued, the warning provided or violation cited.
(6) If an arrest was made, the offense charged.
(7) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.
(8) Actions taken by the peace officer during the stop, including, but not limited to, the following:
(A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
(B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.
(C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.
(c) If more than one peace officer performs a stop, only one officer is required to collect and report to the officer’s agency the information specified under subdivision (b).
(d) State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of
persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text field.
(e) Not later than January 1, 2018, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue
regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, the regulations should be compatible with any similar federal data collection or reporting program.
(f) All data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.
(g) (1) For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement
agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting.
(2) For purposes of this section, “stop” means any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control.
(h) This section shall become operative on January 1, 2024.
(Repealed (in Sec. 1) and added by Stats. 2022, Ch. 805, Sec. 2. (AB 2773) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the
Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice.
(Amended by Stats. 2023, Ch. 45, Sec. 35. (AB 127) Effective July 10, 2023.)
(a) This section applies to every action brought in the name of the people of the State of California by the Attorney General.
(b) The court may appoint a receiver, in actions in which the appointment of a receiver is authorized by law, upon the application of the Attorney General if the court determines both of the following:
(1) The Attorney General has a reasonable probability of prevailing on the merits at trial in establishing that the defendant obtained real or personal property by any unlawful
means.
(2) The appointment of a receiver would facilitate the maintenance, preservation, operation, or recovery of that property for any restitutionary purpose.
(c) The receiver may do any of the following subject to the direction of the court:
(1) Sue for, collect, receive, and take into possession all the real and personal property derived by any unlawful means, including property with which that property or the proceeds thereof has been commingled if that property or the proceeds thereof cannot be identified in kind because of the commingling.
(2) Take possession of all books, records, and documents relating to any unlawfully obtained property and the proceeds thereof. In addition, the receiver shall have the same right as a defendant to request,
obtain, inspect, copy, and obtain copies of books, records, and documents maintained by third parties that relate to unlawfully obtained property and the proceeds thereof.
(3) Transfer, encumber, manage, control, and hold all property subject to the receivership, including the proceeds thereof, in the manner directed or ratified by the court.
(4) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof to any person who committed, aided or abetted, or participated in the commission of unlawful acts or who had knowledge that the property had been unlawfully obtained.
(5) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made with the intent to hinder or delay the recovery of that property or any interest in it by the receiver
or any person from whom the property was unlawfully obtained.
(6) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof that was made within one year before the date of the entry of the receivership order if less than a reasonably equivalent value was given in exchange for the transfer, except that a bona fide transferee for value and without notice that the property had been unlawfully obtained may retain the interest transferred until the value given in exchange for the transfer is returned to the transferee.
(7) Avoid a transfer of any interest in any unlawfully obtained property including the proceeds thereof made within 90 days before the date of the entry of the receivership order to a transferee from whom the defendant unlawfully obtained some property if (A) the receiver establishes that the avoidance of the transfer will
promote a fair pro rata distribution of restitution among all people from whom defendants unlawfully obtained property and (B) the transferee cannot establish that the specific property transferred was the same property which had been unlawfully obtained from the transferee.
(8) Exercise any power authorized by statute or ordered by the court.
(d) (1) All property in the possession, management, or control of the receiver is in the custody of the court. The court may order that the expenses of the receivership, including receiver’s fees, be paid from the property held by the receiver, but neither the state, the Attorney General, nor any state department, agency, or bureau shall be liable for any receivership expense, including receiver’s fees, unless otherwise expressly provided by written contract.
(2) No person with actual or constructive notice of the receivership shall interfere with the discharge of the receiver’s duties.
(3) No person may file any action or enforce or create any lien, or cause to be issued, served, or levied any summons, subpoena, attachment, or writ of execution against the receiver or any property subject to the receivership without first obtaining prior court approval upon motion with notice to the receiver and the Attorney General. Any legal procedure described herein commenced without prior court approval is void except as to a bona fide purchaser or encumbrancer for value and without notice of the receivership. No person without notice of the receivership shall incur any liability for commencing or maintaining any legal procedure described by this paragraph.
(e) The court may appoint the Attorney General, with the Attorney General’s
consent, to serve as receiver or as attorney for the receiver.
(f) The court has jurisdiction of all questions arising in the receivership proceedings and may make any orders and judgments as may be required, including orders after noticed motion by the receiver to avoid transfers as provided in paragraphs (4), (5), (6), and (7) of subdivision (c).
(g) If the court determines that the Attorney General has a reasonable probability of prevailing on the merits at trial in establishing that the defendant obtained real or personal property by unlawful means but that the appointment of a receiver is not requested or that the conditions for the appointment of a receiver described in subdivision (b) have not been shown, the court shall issue any necessary orders to assure that the defendant does not transfer or encumber any property which may be used to satisfy a judgment in the
action.
(h) This section is cumulative to all other provisions of law.
(i) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(j) This section does not provide for the appointment of a receiver in actions in which the appointment of a receiver is not otherwise authorized by law.
(k) The recordation of a copy of the receivership order imparts constructive notice of the receivership in connection with any matter involving real property located in the county in which the receivership
order is recorded.
(Added by Stats. 1987, Ch. 445, Sec. 1.)
For purposes of this article, any property which is obtained in connection with any deceptive or misleading statements or conduct shall be deemed obtained through constructive fraud.
(Added by renumbering Section 12528 (as added by Stats. 1987, Ch. 445) by Stats. 1989, Ch. 1360, Sec. 55.)
(a) The court may, in an action brought by the Attorney General under the unfair competition laws (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code) or false advertising laws (Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code), and in
addition to the remedies provided for in those statutes, award the remedy of disgorgement.
(b) In determining whether to award disgorgement pursuant to subdivision (a), and the amount thereof, the court shall take into account, in addition to any other appropriate factors, the amount of civil penalties and restitution ordered by the court.
(c) Funds recovered by the Attorney General under this section shall be deposited into the Victims of Consumer Fraud Restitution Fund.
(d) The Victims of Consumer Fraud Restitution Fund is established in the State Treasury. Funds in the Victims of Consumer Fraud Restitution Fund may, upon appropriation by the Legislature, be used by the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General under Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code or Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. If the Attorney General pays restitution from the Victims of Consumer Fraud Restitution Fund and then recovers restitution from a defendant in the underlying action or from another source, those recoveries may be used by the Attorney General to reimburse the Victims of Consumer Fraud Restitution Fund.
(e) The Attorney General may promulgate regulations in furtherance
of this section.
(Added by Stats. 2023, Ch. 686, Sec. 1. (AB 1366) Effective January 1, 2024.)
(a) There is in the Office of the Attorney General the Division of Medi-Cal Fraud and Elder Abuse, which shall implement Sections 1903(a)(6), 1903(b)(3), and 1903(g) of the federal Social Security Act, as amended by the federal Medicare-Medicaid Anti-Fraud and Abuse Amendments (Public Law 95-142), and is authorized to conduct a statewide program for investigating and prosecuting, and referring for prosecution, violations of all applicable laws pertaining to fraud in the administration of the Medi-Cal program, the provision of medical assistance or medical supplies, or the activities of providers of medical assistance or medical suppliers under the Medi-Cal state plan. The investigation of fraud by
beneficiaries of the Medi-Cal program shall be the responsibility of the Audits and Investigations Branch of the State Department of Health Care Services.
(b) The division shall also review complaints alleging abuse or neglect of patients in health care facilities receiving payments under the Medi-Cal state plan, and may review complaints of the misappropriation of patient’s private funds in those facilities and complaints of discriminatory treatment of Medi-Cal beneficiaries by those facilities.
(1) If the initial review indicates substantial potential for criminal prosecution, the division shall investigate the complaint or refer it to an appropriate criminal investigative or prosecutive authority.
(2) If the
initial review does not indicate a substantial potential for criminal prosecution, the division shall inform the referring agency of its determination and may, if appropriate, refer the complaint to the State Department of Health Care Services.
(c) Local law enforcement and prosecution agencies shall have concurrent jurisdiction with the division to investigate and prosecute violations of law specified in this section.
(d) If the division, in carrying out its duties and responsibilities under subdivisions (a) and (b), discovers that overpayments have been made to a health care facility or other provider of medical assistance or medical supplies under the Medi-Cal state plan, the division shall either attempt to collect the overpayment or refer the matter to the State Department of
Health Care Services for collection.
(e) Where a prosecuting authority other than the division elects to prosecute a case reported to the division, the division shall, upon request of that prosecuting authority, ensure that those responsible for the prosecutive decision and the preparation of the case for trial have the opportunity to participate in the investigation from its inception and shall provide all necessary assistance to the prosecuting authority throughout all resulting prosecutions.
(f) The division shall make available to federal investigators or prosecutors all information in its possession concerning fraud in the provision or administration of medical assistance under the Medi-Cal state plan, and shall cooperate with officials in coordinating any federal and state
investigations or prosecutions involving the same suspects or allegations.
(g) The division shall safeguard the privacy rights of all individuals and shall provide safeguards to prevent the misuse of information under its control. Agencies that are required to report complaints alleging abuse or neglect of patients shall maintain the confidentiality of those reports until a time that the report becomes a matter of public record.
(h) The division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and dependent adults. The division shall offer training programs to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies,
and the Long-Term Care Ombudsman in evaluating and documenting criminal abuse against elders and dependent adults.
(i) The state Long-Term Care Ombudsman, the Licensing and Certification Division in the State Department of Health Care Services, and the Statistical Services Bureau in the State Department of Social Services shall report to the division all instances of abuse and neglect of elders and dependent adults, as defined in Section 15610 of the Welfare and Institutions Code, which come to their attention.
(j) The division shall collect information on a statewide basis
regarding cases of abuse and neglect of patients in health facilities receiving payments from the Medi-Cal program for the primary purpose of analyzing the information it collects and disseminating its conclusions to local law enforcement agencies and to regulatory and licensing authorities.
(k) For purposes of this section, “division” means the Division of Medi-Cal Fraud and Elder Abuse in the Office of the Attorney General.
(Amended by Stats. 2021, Ch. 554, Sec. 4. (SB 823) Effective January 1, 2022.)
(a) An agent, investigator, or auditor of the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General shall have the authority to inspect, at any time, the business location of any Medi-Cal provider for the purpose of carrying out the duties of the division as set forth in Section 12528. For purposes of this subdivision, “provider” includes an applicant as defined in Section 14043.1 of the Welfare and Institutions Code and a billing agent, as defined in Section 14040.1 of the Welfare and Institutions Code.
(b) The department shall provide all investigators and auditors assigned to lead a facility inspection team of
a health facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code with basic training on the relevant statutes and regulations governing the types of facilities to be inspected. Unless it is impracticable, the training shall include a facility tour, unrelated to an actual inspection, to observe the operations of the type of facilities to be inspected.
(c) The Division of Medi-Cal Fraud and Elder Abuse shall develop protocols to ensure that inspections conducted pursuant to this section are conducted during normal business hours and are completed in the least intrusive manner possible.
(Amended by Stats. 2021, Ch. 554, Sec. 5. (SB 823) Effective January 1, 2022.)
(a) There is in the Department of Justice the Health Quality Enforcement Section. The primary responsibility of the section is to investigate and prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the Physical Therapy Board of California, or any committee under the jurisdiction of the Medical Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney General of the Health Quality Enforcement Section. The Senior Assistant Attorney General of the Health Quality Enforcement Section shall be an attorney in good standing licensed to practice in the State of California,
experienced in prosecutorial or administrative disciplinary proceedings and competent in the management and supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality Enforcement Section is staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of disciplinary actions against the licensees of the boards.
(d) Funding for the Health Quality Enforcement Section shall be budgeted in consultation with the Attorney General from the special funds financing the operations of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the Physical Therapy Board of California, and the committees under the jurisdiction of the Medical Board of California, with the intent that the expenses be proportionally shared as to
services rendered.
(Amended (as amended by Stats. 2012, Ch. 332, Sec. 112) by Stats. 2013, Ch. 515, Sec. 30. (SB 304) Effective January 1, 2014.)
(a) All complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, or the Physical Therapy Board of California shall be made available to the Health Quality Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality Enforcement Section shall assign attorneys to work on location at the intake unit of the boards described in subdivision (a) to assist in evaluating and screening complaints and to assist in developing uniform standards and procedures for processing complaints.
(c) The Senior Assistant Attorney General or the Senior Assistant
Attorney General’s deputy attorneys general shall assist the boards in designing and providing initial and in-service training programs for staff of the boards, including, but not limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a licensee of the boards shall be made by the executive officer of the boards as appropriate in consultation with the senior assistant.
(Amended by Stats. 2021, Ch. 50, Sec. 99. (AB 378) Effective January 1, 2022.)
By March 1, 2016, the Medical Board of California, in consultation with the Department of Justice and the Department of Consumer Affairs, shall report and make recommendations to the Governor and the Legislature on the vertical enforcement and prosecution model created under Section 12529.6.
(Amended by Stats. 2015, Ch. 287, Sec. 2. (SB 396) Effective January 1, 2016.)
The Public Rights Law Enforcement Special Fund is hereby established in the State Treasury, to be administered by the Department of Justice. Moneys in the fund, upon appropriation by the Legislature, shall be used by the Attorney General to support the investigation and prosecution of any matter within the authority of the Department of Justice’s Public Rights Division.
(Added by Stats. 2003, Ch. 159, Sec. 5. Effective August 2, 2003.)
(a) For purposes of this section, the following definitions apply:
(1) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, coercion, or equivalent conduct that would reasonably overbear the will of the person.
(2) “Labor trafficking” means depriving or violating the personal liberty of another person with the intent to obtain forced labor or services.
(3) “Unit” means the Labor Trafficking Unit established within the Department of Justice.
(b) There is
hereby established within the Department of Justice the Labor Trafficking Unit.
(c) The unit shall receive labor trafficking reports or complaints from law enforcement agencies and other governmental entities and refer the reports or complaints to appropriate agencies for investigation, prosecution, or other remedies.
(d) The unit shall coordinate with the Department of Industrial Relations, the Civil Rights Department, the Employment Development Department, the State Department of Health Care Services, the State Department of Social Services, the Department of Food and Agriculture, and the Department of Fish and Wildlife.
(e) (1) The unit may coordinate with other relevant state agencies under whose jurisdiction labor trafficking may occur, state and local law enforcement agencies, tribal law
enforcement agencies, and district attorneys’ offices.
(2) The unit shall make efforts to ensure that local, state, and tribal entities use a victim-centered approach when receiving and processing victim reports or complaints of labor trafficking and when reporting suspected labor trafficking to the unit.
(f) The unit shall follow a victim-centered approach when processing labor trafficking reports or complaints and shall ensure that victims are informed of the services and options available to them. The unit may coordinate with local, state, and tribal entities to connect victims to available services.
(g) (1) The Department of Industrial Relations and the Civil Rights Department shall collaborate with the unit to develop policies, procedures, and protocols to track, record, and report
potential labor trafficking activity to the unit.
(2) On a quarterly basis, the Department of Industrial Relations and the Civil Rights Department shall report the information described in paragraph (1) of subdivision (h) to the unit.
(3) The Department of Industrial Relations and the Civil Rights Department shall report suspected labor trafficking to the unit immediately when, upon investigating business under their purview, they suspect labor trafficking is occurring or has occurred.
(4) The unit shall develop a tracking and reporting system to collect labor trafficking reports and complaints. These reports and complaints shall be aggregated and analyzed to identify potential labor trafficking reports and complaints to be further investigated by the Department of Justice or referred to the appropriate federal,
state, or local law enforcement agency, tribal law enforcement agency, or district attorney’s office for civil action, criminal prosecution, or other remedy.
(h) (1) On or before April 1, 2027, and on or before April 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year:
(A) The number and type of reports or complaints received, including the date the reports or complaints were received by the reporting agency and the date they were referred to the Department of Justice.
(B) The number and type of reports or complaints investigated by the Department of Justice.
(C) The number and type of referrals by the Department of Justice to law
enforcement agencies pursuant to subdivision (c).
(D) Descriptive statistics of demographic characteristics about labor trafficking victims correlated with the industry where the trafficking occurred.
(E) Descriptive statistics of demographic characteristics about labor trafficking victims who were referred for services or support correlated with the names of the agencies where those labor trafficking victims were referred for services or support and the type of services and support available at those agencies if known at the time of referral.
(F) Descriptive statistics of demographic characteristics about persons accused of labor trafficking correlated with the industry where the trafficking occurred.
(2) The unit shall also include in each annual
report a discussion of the major challenges to addressing labor trafficking reports and the ongoing efforts to address those challenges.
(3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(4) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2036.
(i) (1) The operation of this section is contingent upon adequate appropriation by the Legislature in the annual Budget Act or another statute for the purposes of this section.
(2) If the Legislature does not appropriate adequate funding by January 1, 2030:
(A) This section shall be repealed unless
a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.
(B) The Department of Justice shall file with the Secretary of State by January 1, 2030, the department’s determination that the Legislature has not appropriated adequate funding.
(Added by Stats. 2024, Ch. 614, Sec. 2. (AB 1888) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions. Conditionally repealed on January 1, 2030, by its own provisions.)
(a) The Legislature finds and declares that California, represented by the California Attorney General, entered a national multistate settlement with the country’s five largest loan servicers. This agreement, the National Mortgage Settlement stemmed from successful resolution of federal court action (Consent Judgment, United States v. Bank of America (No. 1:12-cv-00361, Banzr. D.C. Apr. 4, 2012)). The National Mortgage Settlement is broad ranging, with California’s share of this settlement estimated to be up to eighteen billion dollars ($18,000,000,000). Of this amount, approximately four hundred ten million dollars ($410,000,000) will come directly to the state in costs, fees, and penalty payments.
(b) There is hereby created in the State Treasury the National
Mortgage Special Deposit Fund. Notwithstanding Section 13340, all moneys in the fund are hereby continuously appropriated, and shall be allocated by the Department of Finance.
(c) Direct payments made to the State of California as civil penalties pursuant to the National Mortgage Settlement shall be deposited in the Unfair Competition Law Fund as required by the settlement.
(d) Direct payments made to the State of California pursuant to the National Mortgage Settlement, except for those payments made pursuant to subdivision (c), shall be deposited in the National Mortgage Special Deposit Fund.
(e) (1) The funds in the National Mortgage Special Deposit Fund shall be allocated as follows:
(A) Three hundred million dollars ($300,000,000) to be administered by the California Housing Finance Agency for both of the following purpose:
(i) Providing housing counseling services that are certified by the federal Department of Housing and Urban Development to homeowners, former homeowners, or renters.
(ii) (I) Providing mortgage assistance to qualified California households.
(II) Mortgage assistance to borrowers who own residential properties with four or fewer units who face foreclosure are eligible under this clause.
(B) Thirty-one million dollars ($31,000,000) to the Judicial Council for distribution through the State Bar to qualified legal services projects and support centers to provide eviction defense or other tenant defense assistance in landlord-tenant disputes, including preeviction and eviction legal services, counseling, advice and consultation, mediation, training, renter education, and representation, and legal services to improve habitability, increase affordable housing,
ensure receipt of eligible income or benefits to improve housing stability, and prevent homelessness. These funds shall be allocated as follows:
(i) Seventy-five percent shall be distributed to qualified legal services projects and support centers that currently provide eviction defense or other tenant defense assistance in landlord-tenant disputes as set forth in this subparagraph.
(I) To receive funds, a program shall be eligible for 2020 Interest on Lawyer Trust Fund Account (IOLTA) funding. Each eligible program shall receive a percentage equal to that legal services project’s 2020 IOLTA allocation divided by the total 2020 IOLTA allocation for all legal services projects eligible for the funding.
(II) To ensure meaningful funding, a minimum amount of fifty thousand dollars ($50,000) shall be allocated to an
eligible program unless the program requests a lesser amount, in which case any funds that would have otherwise been allocated to the program shall be distributed proportionally to the other qualified legal services projects.
(III) These funds shall be distributed as soon as practicable and shall not supplant existing resources.
(ii) Twenty-five percent shall be allocated through a competitive grant process developed by the Legal Services Trust Fund Commission of the State Bar to award grants to qualified legal service projects and support centers.
(I) The grant process shall ensure that a qualified legal service project or support center to receive funding demonstrate that funds received will be not used to supplant existing resources and will be used to provide services to tenants not otherwise served by that
qualified legal service project or support center.
(II) The commission shall determine grant awards, and preference shall be given to qualified legal aid agencies that serve rural or underserved communities which serve clients regardless of immigration or citizenship status.
(III) Any funds not allocated pursuant to this competitive grant process shall be distributed pursuant to clause (i).
(2) No more
than 5 percent of the allocations in subparagraphs (A) and (B) of paragraph (1) shall be spent for the administration of those services.
(f) Notwithstanding any other law, the Controller may use the funds in the National Mortgage Special Deposit Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381.
(Amended by Stats. 2020, Ch. 15, Sec. 1. (AB 83) Effective June 29, 2020.)
(a) Until July 1, 2027, the Attorney General, or the Attorney General’s designee, shall engage in reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The order and number of facilities to be reviewed shall be determined by the Department of Justice. The Attorney General, or the Attorney General’s designee, shall have authority over which facilities may be reviewed and when. The Department of Justice shall provide, during the budget
process, updates and information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings.
(b) The Attorney General, or the Attorney General’s designee, shall, on or before March 1, 2019, conduct a review of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, including any county, local, or private locked detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement. The order and number of facilities to be reviewed shall be determined by the Department of Justice.
(1) This review shall include, but
not be limited to, the following:
(A) A review of the conditions of confinement.
(B) A review of the standard of care and due process provided to the individuals described in subdivision (a).
(C) A review of the circumstances around their apprehension and transfer to the facility.
(2) The Attorney General, or the Attorney General’s designee, shall provide, on or before March 1, 2019, the Legislature and the Governor with a comprehensive report outlining the findings of the review described in this subdivision, which shall be posted on the Attorney General’s internet website and otherwise made available to the public upon its release to the Legislature and the Governor. The Department of Justice shall provide, during the budget process, updates and
information to the Legislature and the Governor, including a written summary of findings, if appropriate, regarding the progress of the review described in this subdivision and any relevant findings.
(c) The Attorney General, or the Attorney General’s designee, shall be provided all necessary access for the observations necessary to effectuate reviews required pursuant to this section, including, but not limited to, access to detainees, officials, personnel, and records.
(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
(Amended by Stats. 2021, Ch. 50, Sec. 100. (AB 378) Effective January 1, 2022. Inoperative July 1, 2027. Repealed as of January 1, 2028, by its own provisions.)
(a) The Attorney General may accept an assurance of voluntary compliance, in lieu of a stipulated judgment, to resolve an action brought in the name of the people of the State of California.
(b) An assurance of voluntary compliance accepted by the Attorney General shall be filed with and subject to approval by the court.
(c) An assurance of voluntary compliance filed with and approved by the court shall be enforceable in the same manner, with the same remedies, and to the same extent, as a stipulated judgment and permanent injunction.
(Added by Stats. 2019, Ch. 97, Sec. 1. (AB 669) Effective January 1, 2020.)
(a) The Opioid Settlements Fund is hereby created in the State Treasury.
(b) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund from the settlement of People v. McKinsey & Company, Inc. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021) to the Opioid Settlements Fund. Funds received from this settlement that are not deposited in the Litigation Deposits Fund shall be deposited into the Opioid Settlements Fund.
(c) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from the 2022 opioid settlements with
Johnson & Johnson, Janssen Pharmaceuticals, McKesson, Cardinal Health,
AmerisourceBergen, and Mallinckrodt Pharmaceuticals to the Opioid Settlements Fund.
(d) Upon order of the Director of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from the 2023 opioid settlements with manufacturers Teva Pharmaceutical Industries Ltd. and Allergan, and pharmacies CVS, Walgreens, and Walmart to the Opioid Settlements Fund.
(e) Upon order of the Director of Finance,
the Controller shall transfer funds received in the Litigation Deposits Fund allocated to the state for state opioid remediation from any future judgments, bankruptcies, or settlements pursuant to future Budget Act appropriation to the Opioid Settlements Fund.
(f) Funds received from the settlements outlined in this section or any future judgments, bankruptcies, or settlements allocated to the state for state opioid remediation that are not deposited in the Litigation Deposits Fund shall be deposited in the Opioid Settlements Fund.
(g) Upon appropriation by the Legislature, moneys
in the Opioid Settlements Fund shall be used for opioid remediation in accordance with the terms of the judgment or settlement from which the funds were received.
(h) The State Department of Health Care Services shall administer the Opioid Settlements Fund and shall oversee those activities funded by the Opioid Settlements Fund. This shall include, but not be limited to, designating additional high-impact abatement activities, conducting related stakeholder engagement, monitoring the California participating subdivisions for compliance, and preparing periodic written reports.
(i) Under the terms of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds executed pursuant to the 2022 opioid settlements, any settlement funds received by a California participating subdivision that are not expended or encumbered within the time period specified in the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds shall be transferred to the state. These transferred funds shall be deposited into the Opioid Settlements Fund.
(j) Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1, the State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of information notices or other similar instructions, without taking further regulatory action.
(k) The State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing those activities funded by the Opioid Settlements Fund. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5, Section 19130, Part 2
(commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and are exempt from the review or approval of any division of the Department of General Services.
(l) For purposes of this section, ”California participating subdivision” means a city, county, or political subdivision participating in the 2022 settlement agreements listed in subdivision (c) that is either identified as a Plaintiff Subdivision, or identified as a Primary Subdivision with a population equal to or greater than 10,000 residents.
(Amended by Stats. 2023, Ch. 42, Sec. 2. (AB 118) Effective July 10, 2023.)
(a) The Electronic Cigarette Settlements Fund is hereby created in the State Treasury.
(b) The State Department of Public Health shall administer the Electronic Cigarette Settlements Fund.
(c) Upon order of the Department of Finance, the Controller shall transfer funds received in the Litigation Deposits Fund payable to the Department of Justice from the settlement of People of the State of California v. JUUL Labs Inc., et al. (Alameda County Superior Court, No. RG19043543, April 17, 2023) that are allocated for People v. JUUL Labs, Inc. E-Cigarette Programs to the Electronic Cigarette Settlements Fund.
(d) Upon
appropriation by the Legislature, moneys from the Electronic Cigarette Settlements Fund shall be used for activities in accordance with the terms of the People of the State of California v. JUUL Labs, Inc., et al. settlement and the Department of Justice’s Notices re: State of California JUUL Settlement Funding dated November 13, 2023.
(e) This section shall remain operative only until July 1, 2035, and as of January 1, 2036, is repealed.
(Added by Stats. 2024, Ch. 40, Sec. 2. (SB 159) Effective June 29, 2024. Inoperative July 1, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)