California Penal Code

§ 1417.9

PEN § 1417.9 Effective Jan 1, 2019Title 10 · Part 2 · Ch. 13

Statute text

(a)Notwithstanding any other law and subject to subdivisions (b) and (c), the appropriate governmental entity shall retain any object or material that contains or includes biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. The governmental entity shall have the discretion to determine how the evidence is retained pursuant to this section, provided that the evidence is retained in a condition suitable for deoxyribonucleic acid (DNA) testing.

(b)A governmental entity may dispose of any object or material that contains or includes biological material before the expiration of the period of time described in subdivision (a) if all of the conditions set forth below are met:

(1)The governmental entity notifies all of the following persons of the provisions of this section and of the intention of the governmental entity to dispose of the material:

…

Legislative history

Amended by Stats. 2018, Ch. 972, Sec. 1. (AB 2988) Effective January 1, 2019.