Pen. Code, § 1417.1 · Chapter 13. Disposition of Evidence in Criminal Cases
Pen. Code, § 1417.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Amended by Stats. 2012, Ch. 283, Sec. 2. (SB 1489) Effective January 1, 2013.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1417.1.
- Text hash
- sha256 771564546a15513c22487a331cfe61add87eae5cf52bf44bfdcf8326eb13f19f
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
BenchPath cards that rely on this text
- Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Criminal Rules (Rule 16)
- Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Filing Procedures; Photographing, Recording, Broadcasting and Other Electronic Devices; Remote Appearances; Toxic, Hazardous Materials, and Firearms; Domestic Violence Protocol; Uniform Instructions for Presentation of Electronic Exhibits; Court File Retrievals and Viewing (Rules 2 to 2.6)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.