California Penal Code

§ 1405.1

PEN § 1405.1 Effective Jan 1, 2015Title 10 · Part 2 · Ch. 11

Statute text

(a)When the court grants a motion for DNA testing pursuant to Section 1405 and a DNA profile of an unknown contributor is generated, the court may conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. The court may issue an order directing the upload of the DNA profile into the State Index System, and if appropriate, the National DNA Index System, only if all of the following conditions are met:

(1)The source of the DNA profile is attributable to the putative perpetrator of the crime.

(2)The profile meets all requirements, whether technical or otherwise, for permanent inclusion into the State Index System, and if appropriate, the National DNA Index System, as determined by the Department of Justice, the Federal Bureau of Investigation, federal law, and California law.

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Legislative history

Added by Stats. 2014, Ch. 554, Sec. 2. (SB 980) Effective January 1, 2015.