California Penal Code 679.015 – (a) It is the public policy of this state to protect the public …
(a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
Terms Used In California Penal Code 679.015
- Crime: means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony. See California Penal Code 679.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- Victim: means a person against whom a crime has been committed. See California Penal Code 679.01
- Witness: means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced. See California Penal Code 679.01
(Added by Stats. 2017, Ch. 194, Sec. 1. (AB 493) Effective January 1, 2018.)