Article 2 - General Powers and Duties

California Government Code — §§ 12510-12536

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Sections (39)

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. 1995, Ch. 749, Sec. 5. Effective October 10, 1995.

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.

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.

Amended by Stats. 2021, Ch. 50, Sec. 91. (AB 378) Effective January 1, 2022.

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.

Added by Stats. 1945, Ch. 111.

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. 2006, Ch. 69, Sec. 3. Effective July 12, 2006.

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.

Amended by Stats. 2021, Ch. 50, Sec. 92. (AB 378) Effective January 1, 2022.

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. 1965, Ch. 371.

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. 2021, Ch. 50, Sec. 93. (AB 378) Effective January 1, 2022.

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. 94. (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. 95. (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. 2000, Ch. 626, Sec. 2. Effective January 1, 2001.

(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. 2021, Ch. 50, Sec. 96. (AB 378) Effective January 1, 2022.

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. 97. (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.

Added by Stats. 1955, Ch. 84.

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).

Amended by Stats. 2021, Ch. 50, Sec. 98. (AB 378) Effective January 1, 2022.

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. 2024, Ch. 69, Sec. 1. (AB 3092) Effective January 1, 2025.

(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. 2022, Ch. 899, Sec. 1. (SB 882) Effective January 1, 2023.

(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.

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