California · Penal Code

PEN §1417.1: No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding.

Civil

What this law says, in plain English

This statute prohibits courts from ordering destruction of evidence before a case is final, and defines when criminal cases become final for that purpose.

Read the full statutory text

No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the date when a criminal action or proceeding becomes final is as follows: (a) When no notice of appeal is filed, 30 days after the last day for filing that notice. (b) When a notice of appeal is filed, 30 days after the date the clerk of the court receives the remittitur affirming the judgment. (c) When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one year thereafter, one year after the date of that order. (d) (1) In cases where the death penalty is imposed, 30 days after the date of execution of sentence. (2) In cases where the death penalty is imposed and the defendant dies while awaiting execution, one year after the date of the defendant’s death.

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