Pen. Code, § 1417.3 · Chapter 13. Disposition of Evidence in Criminal Cases
Pen. Code, § 1417.3
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) At any time prior to the final determination of the action or proceeding, exhibits offered by the state or defendant shall be returned to the party offering them by order of the court when an exhibit poses a security, storage, or safety problem, as recommended by the clerk of the court. If an exhibit by its nature is severable the court shall order the clerk to retain a portion of the exhibit not exceeding three pounds by weight or one cubic foot by volume and shall order the return of the balance of the exhibit to the district attorney. The clerk, upon court order, shall substitute a full and complete photographic record of any exhibit or part of any exhibit returned to the state under this section. The party to whom the exhibit is being returned shall provide the photographic record.
(b) Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the court in the form of a photographic record and a written chemical analysis certified by competent authority. Where the court finds that good cause exists to depart from this procedure, toxic exhibits may be brought into the courtroom and introduced. However, following introduction of the exhibit, the person or persons previously in possession of the exhibit shall take responsibility for it and the court shall not be required to store the exhibit.
Notes and commentary — not statutory text
History
Amended by Stats. 1990, Ch. 382, Sec. 4.
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=1417.3.
- Text hash
- sha256 aee3989005ef078d76fa6c021a9362800747f97c5dec720766a8eec7e71e9df1
- 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
- Contra Costa County Superior Court — Standing Order 4.1: Order re Return of Dangerous, Toxic, Bio-Hazardous Material/Exhibits
- Del Norte County Superior Court — Standing Order 19-003: Exhibits (dated 6/10/2019)
- El Dorado County Superior Court Local Rules (effective January 1, 2026) — Chapter 5: Criminal Proceedings
- El Dorado County Superior Court Local Rules (effective January 1, 2026) — Chapter 7: Civil Proceedings
- Kern County Superior Court Local Rules (effective July 1, 2026) — Chapter I: General Rules (Rules 1.12 to 1.25)
- Madera County Superior Court Local Rules of Court (effective January 1, 2026) — Division 4, Criminal Law Matters, Chapter 1 (General Matters) (Rules 4.1.1 to 4.1.16)
- San Luis Obispo County Superior Court Local Rules of Court (effective July 1, 2026) — Chapter 5: Court Files and Exhibits
- Stanislaus County Superior Court Local Rules (effective July 1, 2026) — Rules 1 and 2: General; Court Organization (Rules 1.00 to 2.06)
Cited by 2 provisions
Provisions in this library whose text cites Pen. Code, § 1417.3. Each shows the citation as that text prints it.
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.