ARTICLE 1. General [15000 - 15007]
( Heading of Article 1 added by Stats. 1971, Ch. 1795. )
There is in the State Government a Department of Justice. The department is under the direction and control of the Attorney General.
(Added by Stats. 1945, Ch. 118.)
The department is composed of the Office of the Attorney General and those other divisions, bureaus, branches, sections, or other units as the Attorney General may create within the department pursuant to Section 15002.5.
(Amended by Stats. 2007, Ch. 176, Sec. 53. Effective August 24, 2007.)
The Department of Justice is responsible for investigation and enforcement of controlled gambling activity in this state as set forth in the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code).
(Amended by Stats. 2007, Ch. 176, Sec. 54. Effective August 24, 2007.)
Any process issued by the Department of Justice for purposes of implementing and enforcing the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code) may be issued in the name of the department. Any hearing conducted by the Attorney General for these purposes may be styled as conducted before the department.
(Amended by Stats. 2007, Ch. 176, Sec. 55. Effective August 24, 2007.)
The civil service status, positions and rights of officers and employees of the Department of Justice who were members of the State civil service prior to May 1, 1944 shall not be affected by their transfer to the Department of Justice and their status, positions and rights shall continue to be accorded to them pursuant to the State Civil Service Act. The inclusion of any office or agency in the Department of Justice shall not bring any exempt officer, employee, or position into the State civil service.
(Added by Stats. 1945, Ch. 118.)
The Attorney General may arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Any statutory or other reference to the Office of the Attorney General, the State Bureau of Criminal Identification and Investigation, the Division of Law Enforcement, or the Bureau of Gambling Control shall be construed to refer to the division, bureau, branch, section, or unit within the department which is performing the functions referred to; and no such function shall be abolished without express statutory authority.
(Amended by Stats. 2012, Ch. 867, Sec. 1. (SB 1144) Effective January 1, 2013.)
(a) By no later than June 1, 2025, the department shall develop and implement a policy and procedure for employees assigned to the Bureau of Gambling Control to formally track those hours and other expenses that can be charged to the Indian Gaming Special Distribution Fund.
(b) The policy and procedure described in subdivision (a) shall, without limitation, include all of the following:
(1) A requirement that all hours and expenses related
to tribal gaming regulatory activities be recorded with reasonable detail.
(2) A requirement that no hours or expenses unrelated to tribal gaming regulatory activity be charged to the fund.
(3) A requirement that the individual timekeeping records created by each employee be reviewed and approved by a supervisor.
(c) Commencing on January 1, 2026, and quarterly thereafter, the bureau shall conduct an audit of employee timekeeping records to ensure compliance with this section.
(Added by Stats. 2023, Ch. 533, Sec. 1. (AB 553) Effective January 1, 2024.)
There is in the Department of Justice the office of deputy director. The deputy director shall be appointed by the Attorney General.
The deputy director shall be a civil executive officer and shall be exempt from civil service.
(Amended by Stats. 1971, Ch. 839.)
The department may prepare and publish every two years a compilation of the laws of this State relating to crimes and criminal law enforcement, which are of general interest to peace officers throughout the State. The department may distribute copies of such compilation at cost to peace officers and law enforcement agencies throughout the State.
(Added by Stats. 1961, Ch. 902.)
Notwithstanding Section 18932, the minimum age limit for appointment to the position of special or narcotic agent shall be 18 years, and the maximum age limit for examination shall be 40 years. The age limits set forth herein shall not affect the right of a special or narcotic agent to participate in promotional examinations.
(Amended by Stats. 1971, Ch. 1748. Superseded on operative date of amendment by Stats. 1981, Ch. 453.)
Notwithstanding Section 18932, the minimum age limit for appointment to the position of special or narcotic agent shall be 18 years. Any examination for the position of special or narcotic agent shall require a demonstration of the physical ability to effectively carry out the duties and responsibilities of the
position in a manner which would not inordinately endanger his or her health or safety or the health and safety of others.
(Amended by Stats. 1981, Ch. 453, Sec. 3. Conditionally operative as prescribed by Sec. 8 of Ch. 453.)
The Department of Justice shall maintain a continuing investigation on a statewide basis of investment frauds and business crimes and shall assist district attorneys of the various counties in the prosecution thereof.
(Added by Stats. 1965, Ch. 151.)
For potential litigation involving the California Secure Choice Retirement Savings Program (Title 21 (commencing with Section 100000), the state shall be represented by attorneys who possess a comprehensive knowledge of the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.) (ERISA) and have at least 10 years of experience litigating claims related to ERISA in federal trial and appellate courts. If the Department of Justice does not have sufficient attorneys who possess these characteristics, it shall enter into contracts with qualified attorneys to secure their services.
(Added by Stats. 2017, Ch. 17, Sec. 13. (AB 103) Effective June 27, 2017.)