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HomeGovernment CodeDiv. 3.6Pt. 2Ch. 1Art. 3§ 823 Peace Officer Family Immunity

§ 823 Peace Officer Family Immunity

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 823 Peace Officer Family Immunity

Key Takeaways

  • •If a police officer dies while working, their family can't be sued for mistakes the officer made on the job.
  • •This rule applies even if the mistake didn't cause the officer's death.
  • •You can still sue the officer's estate (their money/property after death), just not the family directly.

Example

A police officer makes a mistake during a car chase and causes a crash. Later, the officer is killed in a separate incident while on duty.

The officer's family can't be sued for the crash, even though it happened because of the officer's mistake. But you could still sue the officer's estate.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 823 Peace Officer Family Immunity

Neither the widow, widower, nor the heirs of a peace officer, as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code, shall be liable individually for any injury or death that may result from an act or omission of a peace officer that occurs in his or her line of duty, including an act or omission not directly related to the officer’s death, if the officer was slain while in the line of duty. Nothing in this section shall preclude any action from being brought against the estate of the peace officer. (Added by Stats. 1998, Ch. 559, Sec. 2. Effective January 1, 1999.)

Last verified: January 22, 2026

Key Terms

peace officerdutypropertyinjurydeathfinespousepenal code

Related Statutes

  • § 53069.5 Local Agency Reward Program
  • § 50050 Unclaimed Funds Ownership Rules
  • § 50052.5 Unclaimed Money Release Rules
  • § 66415 Local Land Division Advisors
  • § 818.6 Inspection Liability Immunity

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 823.
View Official Source