Section 1405.1 Of Chapter 11. Errors And Mistakes In Pleadings And Other Proceedings From California Penal Code >> Title 10. >> Part 2. >> Chapter 11.
1405.1
. (a) When the court grants a motion for DNA testing pursuant
to Section 1405 and a DNA profile of an unknown contributor is
generated, the court may conduct a hearing to determine if the DNA
profile should be uploaded into the State Index System, and if
appropriate, the National DNA Index System. The court may issue an
order directing the upload of the DNA profile into the State Index
System, and if appropriate, the National DNA Index System, only if
all of the following conditions are met:
(1) The source of the DNA profile is attributable to the putative
perpetrator of the crime.
(2) The profile meets all requirements, whether technical or
otherwise, for permanent inclusion into the State Index System, and
if appropriate, the National DNA Index System, as determined by the
Department of Justice, the Federal Bureau of Investigation, federal
law, and California law.
(3) The convicted person or convicted person's counsel provides
written notice to the California Combined DNA Index System (CODIS)
State Administrator at the Department of Justice, the Attorney
General, and the district attorney 30 court days prior to the hearing
to determine if the DNA profile should be uploaded into the State
Index System, and if appropriate, the National DNA Index System.
(b) A court shall not order an upload of a DNA profile into the
State Index System or the National DNA Index System that violates any
CODIS or state rule, policy, or regulation.