California Penal Code 679.13 – (a) For purposes of this section, a “certifying entity” is any …
(a) For purposes of this section, a “certifying entity” is any of the following:
(1) A state or local law enforcement agency, including, without limitation, the police department of the University of California, a California State University campus, or the police department of a school district, established pursuant to § 38000 of the Education Code.
Terms Used In California Penal Code 679.13
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a corporation as well as a natural person. 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
- 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
(2) A prosecutor.
(3) A judge.
(4) Any other authority that has responsibility for the detection or investigation or prosecution of a qualifying crime or criminal activity.
(5) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including, but not limited to, child protective services, the Civil Rights Department, and the Department of Industrial Relations.
(b) For purposes of this section, a “certifying official” is any of the following:
(1) The head of the certifying entity.
(2) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-854A certifications on behalf of that agency.
(3) A judge.
(4) Any other certifying official defined under Section 214.14 (a)(2) of Title 8 of the Code of Federal Regulations.
(c) “Qualified criminal informant” is an individual who meets the following requirements:
(1) The informant must have reliable information about an important aspect of a crime or pending commission of a crime.
(2) The informant must be willing to share that information with United States law enforcement officials or become a witness in court.
(3) The informant’s presence in the United States is important and leads to the successful investigation or prosecution of that crime.
(d) A certifying entity may apply for and may certify a Form I-854A certification for a qualified criminal informant. A qualified informant does not have to be present in the United States for certification pursuant to this section.
(e) The certifying official shall fully complete and sign the Form I-854A certification and, regarding the qualified criminal informant’s helpfulness, include specific details about the nature of the crime investigated or prosecuted and a detailed description of the qualified criminal informant’s helpfulness or likely helpfulness to the detection or investigation or prosecution of the criminal activity.
(f) A certifying official may only withdraw the certification if the qualified criminal informant refuses to provide information and assistance when reasonably requested.
(g) A certifying entity is prohibited from disclosing the immigration status of the qualified criminal informant for whom Form I-854A certification has been completed, except to comply with federal law or legal process, or if authorized by the qualified criminal informant.
(Added by Stats. 2023, Ch. 679, Sec. 3. (AB 1261) Effective January 1, 2024.)