Enforcement

Cal. BPC § 16759

California Statutes

(

a) All those powers granted to the Attorney General as a head of a department under

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code shall be granted to the district attorney of any county when that district attorney reasonably believes that there may have been a violation of

Article 2 (commencing with

Section 16720) or

Article 3 (commencing with

Section 16750) of this chapter, or a violation of

Chapter 4 (commencing with

Section 17000) of this part, or a violation of

Chapter 5 (commencing with

Section 17200) of this part, and shall be subject to the provisions of

Chapter 20 (commencing with

Section 7460) of Division of Title of the Government Code. (

b) All those powers granted to the Attorney General as head of a department under

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code shall be granted to the city attorney of any city having a population in excess of 750,000, to the county counsel of any county within which a city has a population in excess of 750,000, or to a city attorney of a city and county, when the city attorney or county counsel reasonably believes that there may have been a violation of

Chapter 5 (commencing with

Section 17200) of this part and shall be subject to the provisions of

Chapter 20 (commencing with

Section 7460) of Division of Title of the Government Code. (

c) Any investigation pursuant to these powers shall be conducted in accordance with the procedures set forth in

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code, including all applicable principles relating to immunity from self-incrimination. However,

Section shall not be construed as providing automatic immunity with respect to the subject of a subpoena issued in connection with that investigation. Court orders sought pursuant to this

section shall be sought in the superior court of the county in which the district attorney, authorized pursuant to subdivision (a), or the city attorney or county counsel, authorized pursuant to subdivision (b), seeking the order holds office. (

d) Should the recipient of such subpoena issued pursuant to the powers granted in subdivision (

b) object to the request in whole or in part, the recipient must serve objections and meet and confer with the issuer of the subpoena in an attempt to address those objections. If after meeting and conferring, the issuer and recipient cannot reach agreement, the recipient may petition the superior court for an order quashing or modifying the subpoena in whole or in part.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 16759
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC16759.20226981

Enforcement

Cal. BPC § 16759

California Statutes

Enforcement

Cal. BPC § 16759

California Statutes

(

a) All those powers granted to the Attorney General as a head of a department under

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code shall be granted to the district attorney of any county when that district attorney reasonably believes that there may have been a violation of

Article 2 (commencing with

Section 16720) or

Article 3 (commencing with

Section 16750) of this chapter, or a violation of

Chapter 4 (commencing with

Section 17000) of this part, or a violation of

Chapter 5 (commencing with

Section 17200) of this part, and shall be subject to the provisions of

Chapter 20 (commencing with

Section 7460) of Division of Title of the Government Code. (

b) All those powers granted to the Attorney General as head of a department under

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code shall be granted to the city attorney of any city having a population in excess of 750,000, to the county counsel of any county within which a city has a population in excess of 750,000, or to a city attorney of a city and county, when the city attorney or county counsel reasonably believes that there may have been a violation of

Chapter 5 (commencing with

Section 17200) of this part and shall be subject to the provisions of

Chapter 20 (commencing with

Section 7460) of Division of Title of the Government Code. (

c) Any investigation pursuant to these powers shall be conducted in accordance with the procedures set forth in

Article 2 (commencing with

Section 11180) of

Chapter of Part of Division of Title of the Government Code, including all applicable principles relating to immunity from self-incrimination. However,

Section shall not be construed as providing automatic immunity with respect to the subject of a subpoena issued in connection with that investigation. Court orders sought pursuant to this

section shall be sought in the superior court of the county in which the district attorney, authorized pursuant to subdivision (a), or the city attorney or county counsel, authorized pursuant to subdivision (b), seeking the order holds office. (

d) Should the recipient of such subpoena issued pursuant to the powers granted in subdivision (

b) object to the request in whole or in part, the recipient must serve objections and meet and confer with the issuer of the subpoena in an attempt to address those objections. If after meeting and conferring, the issuer and recipient cannot reach agreement, the recipient may petition the superior court for an order quashing or modifying the subpoena in whole or in part.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 16759
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC16759.20226981