SECTIONS 26500-26509 - California Statutes

GOVERNMENT CODE

SECTION 26500-26509

26500. The district attorney is the public prosecutor, except as
otherwise provided by law.
The public prosecutor shall attend the courts, and within his or
her discretion shall initiate and conduct on behalf of the people all
prosecutions for public offenses.

26500.5. The district attorney may sponsor, supervise, or
participate in any project or program to improve the administration
of justice.

26501. The district attorney shall institute proceedings before
magistrates for the arrest of persons charged with or reasonably
suspected of public offenses when he has information that such
offenses have been committed. For that purpose, when not engaged in
criminal proceedings in the superior court or in civil cases on
behalf of the people, he shall attend upon the magistrates in cases
of arrest when required by them and shall attend before and give
advice to the grand jury whenever cases are presented to it for its
consideration.

26502. The district attorney shall draw all indictments and
informations.

26503. The district attorney shall deliver receipts for money or
property received in his official capacity and file duplicates with
the county treasurer.

26504. On the first Monday of each month, or at more frequent
intervals as may be directed by the board of supervisors, the
district attorney shall account for all money received by him in his
official capacity and pay it over to the treasurer upon a deposit
permit issued by the auditor.

26505. If the district attorney refuses or neglects to so account
for and pay over money received by him, he is liable for such refusal
or neglect upon his official bond. The county treasurer shall bring
an action against him in the name of the county for the recovery
thereof and may recover in such action, in addition to the amount so
received, 50 percent thereon by way of damages. No order of the board
of supervisors is necessary to bring the action. The reasonable
attorney's fees and expenses of the county treasurer in such action
are a county charge.

26506. Notwithstanding any other provision of law, the proceeds of
civil penalties or other monetary awards recovered in any civil
action brought jointly in the name of the people of the State of
California by the Attorney General, one or more district attorneys,
or by one or more city attorneys, or any combination thereof, shall
be paid as approved by the court.

26507. A district attorney, city attorney, or any combination
thereof, may, in agreement with other district attorneys or city
attorneys, act jointly in prosecuting a civil cause of action of
benefit to his own county in a court of the other jurisdiction.

26508. A district attorney, with the concurrence of the district
attorney of another county and the boards of supervisors of both
affected counties, may provide to the district attorney of such other
county legal or investigative services, or both, pertaining to the
prosecution of a civil cause of action in the other county by the
district attorney of that county. The county provided with such
services shall compensate the county providing the services at a rate
which is mutually agreeable to the counties as parties to the
agreement.

26509. (a) Notwithstanding any other provision of law, including
any provision making records confidential, and including Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code, the district attorney shall be given access to, and may make
copies of, any complaint against a person subject to regulation by a
consumer-oriented state agency and any investigation of the person
made by the agency, where that person is being investigated by the
district attorney regarding possible consumer fraud.
(b) Where the district attorney does not take action with respect
to the complaint or investigation, the material shall remain
confidential.
(c) Where the release of the material would jeopardize an
investigation or other duties of a consumer-oriented state agency,
the agency shall have discretion to delay the release of the
information.
(d) As used in this section, a consumer-oriented state agency is
any state agency that regulates the licensure, certification, or
qualification of persons to practice a profession or business within
the state, where the regulation is for the protection of consumers
who deal with the professionals or businesses. It includes, but is
not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors' State License Board.
(11) The Funeral Directors and Embalmers Program.
(12) The Structural Pest Control Board.
(13) The Bureau of Home Furnishings and Thermal Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners.
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19) The State Board of Guide Dogs for the Blind.
(20) The Bureau of Security and Investigative Services.
(21) The Court Reporters Board of California.
(22) The Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(23) The Osteopathic Medical Board of California.
(24) The Division of Investigation.
(25) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27) The Department of Alcoholic Beverage Control.
(28) The Department of Insurance.
(29) The Public Utilities Commission.
(30) The State Department of Health Services.
(31) The New Motor Vehicle Board.