Bill Text: CA AB2988 | 2017-2018 | Regular Session | Introduced
Bill Title: Criminal procedure: disposition of evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 972, Statutes of 2018. [AB2988 Detail]
Download: California-2017-AB2988-Introduced.html
Assembly Bill | No. 2988 |
Introduced by Assembly Member Weber |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1417 of the Penal Code is amended to read:1417.
SEC. 2.
Section 1417.1 of the Penal Code is amended to read:1417.1.
(d)
SEC. 3.
Section 1417.2 of the Penal Code is amended to read:1417.2.
Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit delivered to that party at any timeSEC. 4.
Section 1417.3 of the Penal Code is amended to read:(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,
1417.3.
(a) At any time before the expiration of the time set forth in Section 1417.1, 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 or safety problem, as determined by the court. The clerk of the court shall substitute a full and complete photographic or digital record of any exhibit or part of any exhibit returned under this subdivision. The party to whom the exhibit is being returned shall provide the photographic or digital record, according to the procedures set forth in subdivision (b) of Section 1417.7.
(b)
SEC. 5.
Section 1417.5 of the Penal Code is amended to read:1417.5.
Except as provided in Section 1417.6, 60 days after theSEC. 6.
Section 1417.6 of the Penal Code is amended to read:1417.6.
(a) The provisions of Section 1417.5 shall not apply to any dangerous or deadly weapons, narcotic or poisonous drugs, explosives, or any property of any kind or characterSEC. 7.
Section 1417.7 of the Penal Code is amended to read:Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney or other prosecuting attorney, the attorney of record for each party, and each party who is not represented by counsel of the proposed disposition. Before the disposition, any party, at his or her own expense, may cause to be prepared a photographic or digital record of all or part of the exhibit by a person who is not a party or attorney of a party. The
1417.7.
(a) Not less than 15 days before any proposed disposition of an exhibit pursuant to Section 1417.3, 1417.5, or 1417.6, the court shall notify the district attorney or other prosecuting attorney, the attorney of record for each party, and each party who is not represented by counsel of the proposed disposition. Before the disposition, any party, at his or her own expense, may cause to be prepared a photographic or digital record of all or part of the exhibit by a person who is not a party or attorney of a party.