ARTICLE 1. Administration [2100 - 2114]
( Article 1 enacted by Stats. 1959, Ch. 3. )
There is in the Transportation Agency the Department of the California Highway Patrol.
(Amended by Stats. 2013, Ch. 352, Sec. 520. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
As used in this chapter, “department” means the Department of the California Highway Patrol.
(Amended by Stats. 1959, Ch. 1996.)
Wherever in any statute “California Highway Patrol” is used, it means the Department of the California Highway Patrol.
(Enacted by Stats. 1959, Ch. 3.)
The department is the successor to and is vested with the duties, powers, purposes, responsibilities, and jurisdiction of the former Division of Enforcement of the Department of Motor Vehicles, known as the California Highway Patrol, and of the officers and employees thereof.
(Enacted by Stats. 1959, Ch. 3.)
The department has possession and control of all records, books, papers, offices, or equipment, and all other property, real or personal, now or hereafter held for the benefit or use of the former Division of Enforcement of the Department of Motor Vehicles, known as the California Highway Patrol.
(Enacted by Stats. 1959, Ch. 3.)
Except as in this chapter otherwise provided, the provisions of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code shall govern and apply to the conduct of the department in every respect the same as if the provisions were set forth in this code, and wherever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this division, it shall mean the commissioner.
(Amended by Stats. 1959, Ch. 1996.)
The department shall maintain its main office within 20 miles of Sacramento.
(Amended by Stats. 2007, Ch. 9, Sec. 1. Effective January 1, 2008.)
The department is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. The commissioner shall be appointed by the Governor with the advice and consent of the Senate to serve at the pleasure of the Governor, and shall have resided within the state continuously for at least five years immediately preceding appointment.
(Amended by Stats. 2021, Ch. 133, Sec. 103. (SB 272) Effective July 23, 2021.)
The commissioner shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department.
Notwithstanding any other provision of law, the commissioner may administratively determine the geographic area of residence of any member of the department in order to assure the availability of such member for emergency service and the discharge of departmental responsibilities.
(Amended by Stats. 1963, Ch. 1231.)
The commissioner shall organize the department with the approval of the Governor and the Secretary of Transportation and may arrange and classify the work of the department and may, with the approval of the Governor and the Secretary of Transportation, create or abolish divisions thereof.
(Amended by Stats. 2013, Ch. 352, Sec. 521. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
The Assistant Commissioner of the California Highway Patrol shall be appointed by the commissioner, subject to the approval of the Governor, pursuant to the provisions of Article XXIV of the State Constitution.
(Amended by Stats. 1984, Ch. 268, Sec. 32.4. Effective June 30, 1984.)
The assistant commissioner shall carry out and execute such duties, with respect to traffic law enforcement, as may be specified by the commissioner.
(Enacted by Stats. 1959, Ch. 3.)
The chief administrative officer of the department shall be appointed by the commissioner subject to the approval of the Governor, pursuant to the provisions of Article XXIV of the State Constitution.
(Amended by Stats. 1984, Ch. 268, Sec. 32.5. Effective June 30, 1984.)
The chief administrative officer shall carry out and execute such duties with respect to the administrative affairs of the department as may be specified by the commissioner.
(Enacted by Stats. 1959, Ch. 3.)
The department may pay membership fees, join, and participate in the affairs of associations having for their purpose the interchange of information relating to law enforcement, accident prevention, and subjects related to the powers and duties of the department.
(Enacted by Stats. 1959, Ch. 3.)