California Penal Code

§ 1405

PEN § 1405 Effective Jan 1, 2025Title 10 · Part 2 · Ch. 11

Statute text

(a)A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion, pursuant to subdivision (d), before the trial court that entered the judgment of conviction in their case, for performance of forensic deoxyribonucleic acid (DNA) testing.

(b)(1) An indigent convicted person may request appointment of counsel in order to prepare a motion pursuant to subdivision (d) by sending a written request to the court. The request shall include the person’s statement that they were not the perpetrator of the crime and shall explain how the DNA testing is relevant to their assertion of innocence. The request also shall include the person’s statement as to whether they previously have had counsel appointed under this section.

(2)If any of the information required in paragraph (1) is missing from the request, the court shall return the request to the convicted person and advise them that the matter cannot be considered without the missing information.

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Legislative history

Amended by Stats. 2024, Ch. 153, Sec. 2. (AB 2521) Effective January 1, 2025.